Divorce: New York

Divorce: New York

Category Archives: Temporary (Pendente Lite) Relief

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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

Wife Given “Skin In The Game” By Having To Pay Her Own Interim Counsel Fees Using Marital Assets

Posted in Counsel Fees, Temporary (Pendente Lite) Relief
Mid-trial in a “high-end” matrimonial, it was held that the “monied” husband would not be required to continue to pay his wife’s continuing fees. Rather, in his October 10, 2013 decision in Sykes v. Sykes, Manhattan Supreme Court Justice Matthew F. Cooper held that such fees would be paid from $2 million in marital assets; each … Continue Reading

Bigamist Wife Denied Temporary Maintenance Because of Yet Another Marriage

Posted in Divorce, Temporary (Pendente Lite) Relief
“Chutzpah” may be defined as audacity (wikipedia); or unmitigated effrontery, impudence or gall (urbandictionary.com and dictionary.reference.com). Perhaps Rosemarie B.T. should be pictured in those sources [no, that is not her pictured to the right]. Rosemarie married her second husband, Antony, in a civil ceremony in Beacon, NY, on April 28, 2000. Upon the parties’ application … Continue Reading

Second Department Approves Interim Counsel Fee in Excess of Prenuptial Agreement’s Cap, But Reverses Award of Interim Spousal Maintenance

Posted in Agreements and Stipulations, Counsel Fees, Temporary (Pendente Lite) Relief
In its September 18, 2013 decision in Abramson v. Gavares, the Second Department briefly reviewed the interplay between prenuptial agreements and interim awards in divorce actions. In this case, the parties were married in 2004 and hade one child, born in 2006. This divorce action was commenced in 2009 [before the 2010 laws on counsel … Continue Reading

Wife Receiving Temporary Support Directed to Pay Marital Residence Carrying Charges

Posted in Temporary (Pendente Lite) Relief
Requiring the wife to pay the carrying charges of the marital residence pendente lite was proper in light of the awards to the wife of temporary maintenance and child support. So held the the Appellate Division, Second Department, in its June 12, 2013 decision in Fini v. Fini, affirming the order of Orange County Supreme Court … Continue Reading

Wife Wins Million-Dollar Lottery While Divorce Action Is Pending

Posted in Child Support (C.S.S.A.), Counsel Fees, Equitable Distribution, Temporary (Pendente Lite) Relief
What does a court do with a wife who claims not to have discovered that she was a million-dollar winner of a May 19, 2011 lottery drawing until only days before the ticket would have expired a year later, and 11 months after she was awarded temporary support and counsel fees in her pending divorce action? … Continue Reading

Pendente Lite Award Prospectively Charged as an Advance Against Wife’s Share of Marital Property

Posted in Agreements and Stipulations, Temporary (Pendente Lite) Relief
On the wife’s motion for temporary relief, Supreme Court, New York County Justice Deborah A. Kaplan in Lennox v. Weberman, awarded the wife tax-free maintenance of $38,000 per month, plus the wife’s unreimbursed medical expenses up to $2,000 per month, interim counsel fees of $50,000, and expert fees of $35,000. By its February 26, 2013 … Continue Reading

Husband in Divorce Action Ordered to Refinance Home, or Pay Off Half of Mortgage Balance

Posted in Equitable Distribution, Temporary (Pendente Lite) Relief
In order to prevent the foreclosure of the marital residence, a court in a divorce action, and prior to judgment, may order the spouses to cooperate with a refinance application. Moreover, if the property is not successfully refinanced, the court, before divorce judgment, may compel a spouse to satisfy (at least) one half of the … Continue Reading

Temporary Maintenance Awards and Marital Residence Carrying Charges: Justice Jackman Brown Weighs In

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
Two decisions last month of Queens County Supreme Court Justice Pam Jackman Brown provide insights on how courts might cope with the overlap of the statutory temporary maintenance formula and the payment of marital residence carrying charges. Yesterdays blog reported upon the Second Department’s November 21, 2012 agreement in Woodford v. Woodford with the First Department in Khaira v. Khaira … Continue Reading

Temporary Maintenance Awards Cover Marital Residence Carrying Charges, the Second Department Agrees

Posted in Maintenance, Temporary (Pendente Lite) Relief
The statutory temporary maintenance formula is intended to include the portion of marital residence carrying costs attributable to the nonmonied spouse. So concluded the Appellate Division, Second Department in its November 21, 2012 decision in Woodford v. Woodford. Accordingly, the appellate court vacated so much of Suffolk County Supreme Court Justice James F. Quinn’s July 15, 2011 … Continue Reading

Substantial Legal and Procedural Rights Are Lost in Divorce Arbitration Before Jewish Beth Din Panel

Posted in Alternative Dispute Resolution (ADR), Modification, Temporary (Pendente Lite) Relief
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

When Divorcing Parents Live Off Their Own Parents

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
What are the support rights and obligations of a couple who have habitually lived often the generosity of their parents? That was the question Monroe County Suprme Court Justice Richard A. Dollinger answered in his July 23, 2012 decision in G.R.P. v. L.B.P. when determining temporary support. The divorcing couple have been married for 20 years … Continue Reading

Divorce Court Will Not Enjoin Wife From Commencing Federal RICO Action Against Husband

Posted in Discovery, Incidental Relief, Temporary (Pendente Lite) Relief
From the “You Can’t Make This Stuff Up” Department: During the course of this Westchester County divorce action, Elizabeth Perry “engaged in inappropriate litigation behavior.” She refused to comply with court orders to produce documents or to submit to an examination before trial, she secreted assets (including millions of dollars of cash assets), and she apparently illicitly acquired … Continue Reading

Prenuptial Agreement Which Bars Spousal Support and Counsel Fees Does Not Bar Interim Support and Fees

Posted in Agreements and Stipulations, Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
The premarital agreement of the parties limited their rights to obtain spousal support upon divorce. It also contained a waiver of their rights to counsel fees. Nevertheless, recently-retired New York County Supreme Court Justice Saralee Evans awarded the wife $6,000 per month in unallocated pendente lite support (an award not specifying how much of it … Continue Reading

Resigning NYC Police Officer Ordered to Pay Additional Counsel Fees in Pending Divorce Action

Posted in Counsel Fees, Temporary (Pendente Lite) Relief
Within weeks after entering a temporary support stipulation, the husband in a Kings County divorce action, resigned from his employment as a police officer with the New York City Police Department (NYPD). He moved to Georgia and entered the police academy as an entry-level officer at $38,000.00 per year, a more than 50% reduction of … Continue Reading

Interference with Children’s Relationship with Father is Basis for Award of Temporary Custody in Divorce Action

Posted in Custody and Visitation, Temporary (Pendente Lite) Relief
As has been the trend, a court has held that despite what may be the superior parenting skills of one parent, that parent may be denied custody if that parent does not promote the relationship of the children with the other parent. In an April 26, 2012 decision, the Third Department in Jeannemarie O. v. Richard … Continue Reading

Appellate Decision Clarifies Temporary Maintenance Calculations; Temporary Child Support Awards Must Be Next

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
In the first appellate decision to apply the October 12, 2010 temporary maintenance amendment to the Domestic Relations Law, it was held that the recipient’s share of marital residence carrying charges is within the temporary maintenance award, itself. It was improper to have the payor spouse pay carrying costs directly in exhange for a credit against income … Continue Reading

The Taxability of Spousal Maintenance Payments: a Subject of Inconsistent Court Decisions

Posted in Maintenance, Tax Matters, Temporary (Pendente Lite) Relief
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

Spousal Maintenance Statute Difficulties Noted by New York’s Law Revision Commission

Posted in Maintenance, Temporary (Pendente Lite) Relief
On October 25, 2011 the New York State Law Revision Commission held a round-table discussion to review New York’s spousal support, i.e. “maintenance” statute, Domestic Relations Law §236(B)(5-a, 6). The discussion precedes a final report which that Commission is required to render under a mandate imposed by the Legislature when new laws concerning temporary maintenance, interim counsel fees and … Continue Reading

Defining or Questioning the Marriage Contract: Gay Marriages, No-Fault Divorce and Dissolved Civil Unions

Posted in Child Support (C.S.S.A.), Equitable Distribution, No-fault (irretrievable breakdown), Temporary (Pendente Lite) Relief
Last week, the Appellate Division, Third Department, exercised its equitable muscle to filling in the gaps while the marriage and divorce laws of the different states catch up with each other.  On July 21, 2011, in Dickerson v. Thompson, the court granted a dissolution of a Vermont civil union. Under Vermont law, the civil union … Continue Reading

When Mortgaging the Marital Residence Is Necessary to Pay Temporary Support

Posted in Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
The May, 2011 decision of the Appellate Division, Second Department, in Many v. Many, seems, at first blush, to be a rather routine matter. While their divorce action is pending, the interests of the parties are balanced. However, below the surface lurk issues which highlight the frustration and anxiety which spouses must feel as their case is … Continue Reading

“Gross (Total) Income” for the Purposes of Child Support and Temporary Maintenance

Posted in Child Support (C.S.S.A.), Maintenance, Tax Matters, Temporary (Pendente Lite) Relief
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

Court Tempers Temporary Maintenance Formula and Temporary Child Support with Reality Check

Posted in Child Support (C.S.S.A.), Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
In this second of two blogs discussing Supreme Court Nassau County Justice Anthony J. Falanga‘s March 28, 2011 decision in A.C. v. D.R., we look at the Court’s temporary financial relief rulings under the recent amendments to D.R.L. §§236B(5-a) and 237. Last Monday’s blog discussed the joinder for trial of the wife’s post-no-fault action with the husband’s pre-no-fault … Continue Reading