Divorce: New York

Divorce: New York

Category Archives: Enforcement of Support and Orders

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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

Collecting Counsel Fees in Divorce Actions: Charging Lien Against IRA Denied

Posted in Counsel Fees, Enforcement of Support and Orders
In his February 26, 2013 decision in J.K.C. v T.W.C., Monroe County Supreme Court Justice Richard A. Dollinger held that an attorney could not have a charging lien under Section 475 of the Judiciary Law against the IRA received by his former client (the wife) as her marital share of the husband’s IRA. IRAs, generally, are exempt from creditor’s … Continue Reading

Support Modification Agreements: Get’em in Writing; Get’em into Court (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Enforcement of Support and Orders, Maintenance, Modification
Two decisions within the last 10 days confirm the need for agreements relating to support to be in (an acknowledged) writing, and then incorporated in a court order. In one, the Second Department affirmed the award of maintenance arrears without a hearing despite the claimed reduction of maintenance under an oral modification of the parties’ … Continue Reading

Going After Deadbeat Dads: The U.S. Office of the Inspector General

Posted in Child Support (C.S.S.A.), Enforcement of Support and Orders
  A message from the Deputy Inspector General forInvestigations, Gary Cantrell   Last week, Robert Sand was arrested at the Los Angeles Airport following his deportation by the Philippines. Sand, 50, was America’s ”most wanted” deadbeat dad, topping the Child Support Enforcement list of the Office of the Inspector General of the U.S. Department of Health and … 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

Relocation to California Denied Mother with 12-year Old Daughter

Posted in Alternative Dispute Resolution (ADR), Custody and Visitation, Enforcement of Support and Orders
The May 5, 2011 decision of the Appellate Division Third Department in Munson v. Fanning, highlights the need for difficult discussions and prioritization before taking life-altering steps. It is also another call for the expanded use of the Collaborative Law Process. In this case, the parties’ 12-year old daughter had been born after her parents had … Continue Reading