Divorce: New York

Divorce: New York

Category Archives: Attorney and Client

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Attorney’s Charging Lien Enforced Against Child Support Arrears

Posted in Attorney and Client, Child Support (C.S.S.A.)
In its May 1, 2015 decision in Mura v. Mura, the Appellate Division, Fourth Department, affirmed an order of Monroe County Supreme Court Justice Richard A. Dollinger that enforced an ex-wife’s attorney’s charging lien against a fund from which child support arrears were to be paid. The parties were divorced in 1993. The Monroe County judgment of divorce… Continue Reading

Disqualification of Counsel: Is It A Shield Or A Sword?

Posted in Attorney and Client
In a 3-1 decision on February 4, 2015 in Cohen v. Cohen, the Second Department disqualified a prominent Long Island matrimonial firm from representing the wife in this 2011 divorce action. It was disputed whether in November 2010 the husband had consulted Steven J. Eisman, senior partner in Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara &… Continue Reading

Claimed Ignorance of C.S.S.A. Treatment of Income Over Cap Not Basis to Set Aside Divorce Settlement Agreement

Posted in Agreements and Stipulations, Attorney and Client, Child Support (C.S.S.A.), Settlement
The alleged failure of the mediator and the husband’s counsel to advise the husband that a court need not apply the C.S.S.A. formula to the husband’s entire agreed-upon income of $1,200,000.00 per year income is not a basis to set aside a divorce settlement agreement, or its $29,500.00 per month child support obligation. So held… Continue Reading

Attorney Representing Sister in Child Support Matter Arrested Following Alleged Altercation with Former Brother-In-Law

Posted in Attorney and Client, Enforcement of Support and Orders
Patrick Bisogno, an attorney representing his sister in a Staten Island Family Court child support matter, was arrested after allegedly assaulting his former brother-in-law. In reports by the New York Law Journal and the Staten Island Advance (SILive.com), Bisogno was accused of punching the father, John Libertella, of Valley Stream, in the nose. Bisogno, of… Continue Reading

Formation of Corporation for Wife Not Basis For Disqualification of Husband’s Divorce Counsel

Posted in Attorney and Client
Not every representation of one spouse during a marriage will disqualify an attorney from representing the other spouse in the couple’s divorce. Such was the holding of the Second Department in its December 5, 2012 in Gabel v. Gabel. In doing so, the appellate court reversed Richmond County Supreme Court Justice Barbara Irolla Panepinto’s disqualification… Continue Reading

Attorney Suspended for Failure To Pay Child Support

Posted in Attorney and Client, Child Support (C.S.S.A.), Enforcement of Support and Orders
Update: In a decision issued December 6, 2012, the Appellate Division, Third Department, disbarred Mr. Melendez for his failure to disclose to the Committee on Professional Standards his child support arrears and other related misconduct: Respondent is guilty of very serious professional misconduct. He exhibited a lack of candor on his application for admission. As… Continue Reading

Counsel Not Disqualified From Litigation Where Collaborative Divorce Participation Agreement Not Signed

Posted in Alternative Dispute Resolution (ADR), Attorney and Client
Monica and Mitchell Mandell were married in 1998. They have three children. After Mr. Mandell moved out last year, his wife retained attorney Ellen Jancko-Baken to represent her. Ms. Mandell was interested in pursuing the “Collaborative Law” process. After three perhaps “preliminary” meetings, the contemplated Collaborative Process fell apart. Ms. Mandell used her same attorney to… Continue Reading

Amending D.R.L. §237: The Divorce Lawyer’s Accounts Receivable Reduction Act!

Posted in Attorney and Client, Counsel Fees, Temporary (Pendente Lite) Relief
With the addition on August 13, 2010 of D.R.L. §170(7), making New York the 50th state to grant no-fault divorces, Governor Patterson also signed an amendment to D.R.L. §237. That amendment creates a rebuttable presumption that while a divorce action is pending, the “less monied” spouse shall be awarded counsel and expert fees and expenses… Continue Reading