Divorce: New York

Divorce: New York

Category Archives: Enforcement of Support and Orders

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Melting Pot (Part 3 of 4): Domesticating the Foreign Child Support Judgment

Posted in Child Support (C.S.S.A.), Counsel Fees, Enforcement of Support and Orders
The third of four decisions this month with an international context was decided by New York County Supreme Court Justice Manuel J. Mendez. In Bond v Lichtenstein (pdf), decided July 15, 2014, Justice Mendez granted a mother summary judgment in lieu of complaint under C.P.L.R. §3213 domesticating a $570,110.05 Hong Kong judgment for child support … Continue Reading

Automatic Orders, Violated During Divorce Action, Cannot Be Enforced After Pre-Judgment Death

Posted in Enforcement of Support and Orders, Insurance, Statutes, Temporary (Pendente Lite) Relief
A spouse’s pre-divorce judgment death results in the unenforceablitity of divorce action orders, including the automatic orders mandated by Domestic Relations Law §236(B)(2)(b). As a result, Westchester County Supreme Court Justice Paul I. Marx held in his April 17, 2014 decision in A.V.B. v. D.B. that a husband was without a remedy for his wife removing … Continue Reading

Unemployment, Alone, Does Not Prove Inability To Pay Child Support

Posted in Child Support (C.S.S.A.), Enforcement of Support and Orders
Unemployment, alone, is not sufficient to avoid incarceration for the willful failure to pay child support. So held the First Department when on April 8, 2014 it affirmed the determination of Bronx County Family Court Judge Sidney Gribetz in Gina C. v. Augusto C. Based upon the fact-finding determination of the Support Magistrate, Judge Gribetz had found … Continue Reading

Does Small Claims Court Have Jurisdiction to Resolve Divorce Settlement Agreement Disputes?

Posted in Agreements and Stipulations, Counsel Fees, Enforcement of Support and Orders, Jurisdiction, Settlement
Not according to Richmond County Civil Court Judge (and Acting Suprme Court Justice) Philip S. Straniere, seemingly running afoul of a contrary body of case law, particularly in the Second Department. Small Claims Court proceedings may well be the only practical way to redress relatively modest, but often important breaches of divorce settlement agreements as to … Continue Reading

Ambiguous Agreements to Pay for Children’s College Expenses

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Enforcement of Support and Orders
What is a “mandatory” college expense to be shared by the parents? In its January 15, 2014 decision in Shaughnessy v. Cox, the Second Department upheld the order of Nassau County Family Court Judge Robin M. Kent (which in turn upheld the determination of Support Magistrate Neil Miller) directing the father to pay 50% of the … Continue Reading

Court Clarifies Civil Contempt and the Fifth Amendment Privilege

Posted in Enforcement of Support and Orders, Equitable Distribution
The Second Department used its December 18th decision in El-Dehdan v. El-Dehdan to clarify the parties’ relative burdens of proof on an application for contempt where the Fifth Amendment privilege against self-incrimination has been invoked. The court also harmonized inconsistencies in case law as to the elements of civil contempt. The court held that there was no element … Continue Reading

Without Financial Injury, Divorce Civil Contempt Remedies Are Only Prospective

Posted in Enforcement of Support and Orders
No retroactive fine or suspension of maintenance is to be  imposed against a wife who violated her so-ordered stipulation not to allow her paramour into the marital residence. Instead, suspension of maintenance and a fine would only be imposed prospectively and only until the wife complied with that stipulation. Civil contempt fines are not intended to … 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

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
Update: May 23, 2013: Robert Sand pleaded guilty in U.S. District Court in Central Islip today to two counts of failing to pay child support. According to Assistant U.S. Attorney Alan Bode, Mr. Sand owes more than $1.2 million, including interest and penalties, to three children from two failed marriages. Sand faces up to four years in … 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