In a February 13, 2013 decision. the Second Department in Braun v. Abenanti directed a father to pay his child’s orthodontist directly and also directed that the mother’s petition for an upward modification of child support be granted. Doing so, the Second Department reversed Family Court, Suffolk County Judge Richard Hoffmann, who in turn had denied the … Continue Reading
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
Under a 2004 stipulation of settlement that was incorporated, but survived the entry of the judgment of divorce that ended the parties seven-year marriage, the ex-husband/father was to pay $250,000.00 in annual maintenance and $140,000.00 in annual child support emancipated. The stipulation further provided that the father would be able to apply for a reduction … Continue Reading
Resolving the rights and obligations of a couple incident to their divorce often involves the delicate balancing of property rights, spousal and child support, and custody and parenting issues. Attempting an orderly resolution in different forums simultaneously may be impossible. The July 26, 2012 decision of Nassau County Supreme Court Justice Daniel Palmieri in Loike … Continue Reading
Particularly when it comes to agreements fixing child support obligations, ”shaking on it” is simply not enough. Both the Domestic Relations Law and the Family Court Act authorize parents to enter agreements which establish their child support obligations. DRL §§236B(3) and 240(1-b)(h) and FCA §413(1)(h) set out many requirements for such agreements. Nothing suggests that modifications … Continue Reading
When a judge works this hard to provide a searching analysis of a difficult question, we should sit up and take notice. Should an unemployed father be required to prove why he should not have to relocate to seek/obtain employment in his field as a condition to him receiving a downward modification of his child … Continue Reading
What happens when only one provision of an agreement is invalid because it violates some statute or public policy? The answer may depend on who the court wants to benefit, instead of consistently-applied rules of contract law. Take, for example the April 5, 2011 decision of the Second Department in Duggan v. Duggan. In that … Continue Reading
Effective October 14, 2010, amendments to D.R.L. §236B(9) and F.C.A. §451 go into effect (Laws 2010, chap. 182; Bill #A8952). They require that language be included in divorce settlement agreements to specifically opt out of a newly-created entitlement to a judicial modification of a child support order. Without such language, even a child support order based … Continue Reading
