The Appellate Division, Second Department, has again told J.H.O. Stanley Gartenstein that it was improper for him to award nontaxable spousal maintenance. In Siskind v. Siskind, in addition to awarding the wife $65,000 per year in nontaxable maintenance until the wife reached her 65th birthday, J.H.O. Gartenstein equitably distributed the parties’ assets, awarded child support and … Continue Reading
Entering open-court oral stipulations of settlement to a divorce action is treacherous. It’s easy to miss something or be imprecise in language. However, striking the deal while the iron is hot is a necessary part of matrimonial litigation. Letting the parties walk out of the courthouse without putting the day’s agreement “on the record” may … Continue Reading
Have you looked at an IRS Form 1040 (pdf) lately? Looking at the 1040 is supposed to begin the C.S.S.A. calculation for determining child support. For actions commenced on or after October 13, 2010, it is also the first step when determining temporary maintenance. When computing child support under either the Family Court Act or the Domestic Relations … Continue Reading
After 36 years of family law practice, I pride myself on having a good idea of what I don’t know. The good news is that I can reach out for the help needed to make sure the bases are covered when drafting a divorce settlement agreement. Matrimonial litigation has spawned a host of forensic specialities eager to … Continue Reading
In his February 9, 2011 decision in PP v. KP, Justice Robert A. Bruno of Nassau County, providing the reader with the salient facts, reflected his balancing of the various factors and policies underlying a maintenance determination. Justice Bruno had conducted a hearing on maintenance (and counsel fees) after the parties to this 24-year marriage stipulated to equitable distribution matters … Continue Reading
