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Discovery is an essential part of family law cases, as it allows the courts to evaluate parties’ rights and obligations with regard to child support, spousal support, property division, and other matters. If a party fails to engage in a discovery process, therefore, it can be prejudicial to their opponent and may be grounds for the court to sanction them, as demonstrated in a recent New York child support case. If you share custody of a child, it is important to understand your parental rights and duties, and it would benefit you to speak to a New York child support lawyer.

History of the Case

It is reported that the husband and wife married in 2001. They had two children during the marriage before the wife filed for divorce in 2013. She subsequently moved to compel the defendant to comply with specific discovery requests, and if he did not, requested that the court bar him from offering evidence at trial regarding financial matters. The court granted the motion, stating that if the defendant declined to comply with the discovery order, the court would evaluate child support based on the needs of the children instead of the factors and formulas defined in the Child Support Standards Act.

Allegedly, the husband appealed the order, but it was affirmed. He then failed to comply with the order and as such, was precluded from presenting evidence regarding his finances at trial. The court then directed him to pay approximately $5,600 per month in child support. The husband appealed. Continue reading

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The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

  1. How long do Contested Divorces usually take?
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In New York custody actions, the court’s primary focus is the child’s best interest. Typically, the courts find that it will benefit a child to foster the parent-child relationship. As such, in cases in which parents share custody, if one parent attempts to alienate the child from the other parent, the court may find it in the child’s best interest to modify the custody arrangement. Recently, a New York court delivered an opinion in a child custody matter, in which it discussed what evidence is needed to establish parental alienation sufficient to warrant a custody modification. If you need help establishing or modifying your custody rights, it is in your best interest to confer with a New York child custody attorney as soon as possible.

Factual History

It is alleged that the mother and father married in 2007 and had two children during their marriage. They entered into a separation agreement in 2015 in connection with a divorce action that was filed but discontinued. Under the terms of the agreement, they shared joint legal custody of the children; the mother had residential custody, while the father had the right to parental access.

Reportedly, in 2016 the father filed an action in the Family Court seeking to enforce the separation agreement. The father asserted that the mother was interfering with his right to parental access. The court subsequently granted the parties joint legal custody but awarded the mother residential custody. The court modified the plaintiff’s parental access schedule as well. In 2018, the father filed an action for divorce and other relief seeking sole custody of the children, arguing that the mother regularly interfered with his parental access. The mother filed a cross-motion for sole custody. Following a lengthy hearing, the court granted the father sole residential and legal custody of the children. The mother appealed. Continue reading

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While married people generally have the right to buy and sell assets as they see fit, parties engaged in the process of ending their marriage via divorce generally do not enjoy such freedoms. Specifically, New York law generally enjoins parties from disposing of marital assets without express permission. Recently, a New York court elaborated on the law restraining parties involved in divorce actions from transferring assets in a matter in which the husband sought permission to sell a wine collection to pay marital debts. If you are contemplating seeking a divorce and have concerns about how the decision to end your marriage may impact your rights, it is prudent to confer with a New York divorce attorney regarding your options.

Procedural Background of the Case

It is reported that the wife instituted a divorce action and sought ancillary relief in July 2018. Later that year, the husband moved for permission to sell part of the parties’ wine collection while the divorce was pending and advised the court that he intended to use the proceeds of the sale to pay marital expenses and debts. The trial court denied the husband’s motion, after which he appealed.

New York Law Regarding the Disposition of Marital Assets in Divorce Cases

On appeal, the court affirmed the trial court ruling. In doing so, the court explained that New York Domestic Relations law section 236 dictates that upon the commencement of a divorce action orders prohibiting the parties from disposing of or transferring marital property without the consent of the court or the written consent of the opposing party will automatically issue. Continue reading

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Many couples who decide to end their marriage are able to negotiate the terms of their separation successfully. When such agreements are memorialized in writing and submitted to the court, they typically will be incorporated into the judgment of divorce. While written separation agreements deal with family law issues, they are nonetheless contracts and are construed and enforced in the same manner as any other contract. Recently, a New York court issued an opinion discussing the interpretation of a written separation agreement in a case in which the former wife sought enforcement of the agreement between her and her former husband. If you intend to end your marriage, it is important to understand the implications of your decision, and you should speak to a trusted New York divorce lawyer.

History of the Case

It is reported that the husband and wife married in 1984 and had three children during their marriage. In 2007, they entered into a written separation agreement that stated, among other things, that the husband was responsible for the expenses associated with the former marital residence and had exclusive possession of the residence, where he would live with the children. In 2010, however, they modified the agreement to grant the wife exclusive possession of the residence until the youngest child turned 21, at which point the home would be placed on the market.

Allegedly, the parties divorced in 2011, and the written separation agreement was incorporated into the judgment of divorce. In 2018, the wife moved to enforce the provisions of the agreement requiring the husband to pay expenses associated with the house and child support arrears. The court denied the motion, and the wife appealed. Continue reading

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It is common for courts to issue orders that impose financial obligations on parties in New York family law cases. Such orders are legally binding and enforceable by the courts. For example, if a party fails to comply with the terms of an order, they may be held in contempt. Recently, a New York court discussed what a party seeking to hold someone in contempt for failing to comply with a family court order must prove in a case in which a former wife moved to hold her former husband in contempt for failing to pay counsel fees and arrears. If you have questions regarding the enforcement of orders in New York family law actions, it is in your best interest to consult a New York family law attorney as soon as possible.

The Factual and Procedural History of the Case

It is reported that the former husband and former wife were divorced by judgment in September 2013. Among other things, the judgment directed the former husband to pay the former wife over $420,000 in arrears for carrying on the marital home and counsel fees in the amount of $30,000. The judgment was later modified to reduce the arrears owed by the former husband to slightly over $200,000; the award of counsel fees in the amount of $30,000 was affirmed. A second judgment for additional counsel fees was entered against the husband in April 2017.

Allegedly, in May 2018, the former wife moved to hold the former husband in civil contempt for failing to pay the arrears or counsel fees. The court granted the motion. The former husband then moved to vacate and set aside the contempt order. The court denied his motion, and he appealed. Continue reading

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The New York courts place great importance on a parent’s duty to financially support their child. As such, if the courts determine that a party neglected to uphold their support obligation, they may choose to impose sanctions on the party. Not all failures to pay child support are sanctionable, though, as demonstrated in a recent New York opinion issued in a matter arising out of a dispute over a father’s financial obligations to his children. If you need assistance with a child support matter, it is in your best interest to contact a knowledgeable New York child support lawyer to assess your rights.

Factual and Procedural History of the Case

It is reported that the mother and father shared custody of their three children, and the father had an obligation to pay the mother child support. The father neglected to pay support for an unspecified period of time, and the mother filed a motion for enforcement and for sanctions. The support magistrate determined, among other things, that the father’s failure to pay child support was not willful. He also declined to grant the mother’s request that the court order the father to pay half of one of the children’s private school tuition. The mother appealed.

The Court’s Findings

The appellate court affirmed the trial court ruling. First, the court found that the support magistrate’s finding that the father’s failure to pay child support was not willful was entitled to great deference, as it rested largely on the magistrate’s credibility determinations. Specifically, the magistrate found that the father credibly testified that he was unable to seek regular employment due to his parenting responsibilities. Continue reading

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Under New York law, when a couple divorces, any marital assets are subject to equitable distribution. In other words, the courts will allocate them in a manner they deem fair, which does not necessarily mean they will be divided equally. Separate property, on the other hand, remains the property of the spouse to whom it belongs. In some instances, however, a party may be entitled to a percentage of the increase in value of their spouse’s separate property, as demonstrated in a recent New York case. If you have questions regarding how a divorce may affect your property rights, it is advisable to speak to an experienced New York divorce lawyer as soon as possible.

History of the Case

It is alleged that the parties married in 2007 and had two children together, both of whom were born in 2010. The husband subsequently filed an action for divorce. The case proceeded to a bench trial, after which the judge entered a judgment of divorce and awarded the husband, among other things, 50% of the value of appreciation of the marital home. The wife appealed.

Property Rights in New York Divorces

The appellate court affirmed the trial court’s order with regard to its decision to grant the husband 50% of the value of the appreciation of the marital home, which was the wife’s separate property. The court explained that under Domestic Relations Law section 236, equitable distribution of assets must be based on the unique circumstances of the case in consideration of multiple statutory factors. Continue reading

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When parents share legal custody of a child, they typically must confer with one another regarding major decisions. If they are unable to come to an agreement as to which course of action to take on an issue, they may seek a resolution from the courts. If a court finds that the relationship between co-parents has deteriorated so that a joint decision is impossible, it may modify an existing custody arrangement. For example, in a recent New York ruling, a court examined whether a mother and father’s contrary viewpoints on whether their children should receive the COVID-19 vaccine warranted a change to the order defining custody. If you are concerned about your rights with regard to legal custody of your child, it is smart to meet with a trusted New York child custody lawyer to evaluate your options.

The Factual Background of the Case

It is alleged that the husband and the wife married in 2005 and had two children during their marriage. The husband commenced a divorce action in 2016, and the parties entered into a settlement agreement that was incorporated into a judgment of divorce issued in 2018. Pursuant to the agreement, they shared legal and physical custody of their children. In April 2020, the parties entered into a consent stipulation that required them to comply with all New York guidelines related to COVID-19.

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When couples with children divorce, one parent will often bear the burden of paying the other child support. Child support obligations that are instituted when children are young may need to be revisited over time, as changing circumstances may render them inappropriate. Not all changes warrant modifications to support orders, though, as demonstrated in a recent ruling issued in a New York child custody case. If you have questions about your rights and obligations with respect to child support, it is in your best interest to consult a New York child support lawyer to discuss your case.

The History of the Case

Reportedly, the mother and the father were married and had three children together. They divorced in 2017 and entered into a stipulation regarding child support. Pursuant to the stipulation, the father agreed to pay the mother $3,250 in child support each month until December 1, 2020, when his support obligation increased to $4,157. The court incorporated the stipulation into the divorce judgment.

It is alleged that in 2020, the father filed a petition asking the court to make a downward modification of his child support obligation. He argued that a substantial change in circumstances warranted the obligation; namely, his oldest child turned 21 and was emancipated. The mother moved to dismiss the petition. The trial court granted the mother’s motion, and the father appealed. Continue reading

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