Divorce: New York

Divorce: New York

Category Archives: Evidence

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Mother’s Testimony Sufficient Foundation for Receipt in Evidence of Health Care Invoices and Payment Records

Posted in Child Support (C.S.S.A.), Enforcement of Support and Orders, Evidence
The Appellate Division, Second Department, has held in its June 15, 2016 decision in Schiero v. Perrotta, that a mother’s testimony was a sufficient foundation for the admission in evidence of her children’s medical bills and her proof of payment of those bills. The mother had filed a violation petition alleging that the father had… Continue Reading

Being Bound by Statements in Tax Returns and Court Papers

Posted in Equitable Distribution, Evidence
“Estoppel” is the principle that precludes a person from asserting something contrary to that inconsistent with a previous statement, position or ruling. Two decisions last month bringing the principal and to focus. First, the June 4, 2014 decision  of Kings County Supreme Court Justice Jeffrey S. Sunshine in Zito v. Zito primarily resolved the wife’s motion for temporary relief in a… Continue Reading

Filing Tax Returns as “Single” May Not Estop Claim to Be Decedent’s Widow

Posted in Defenses, Evidence, Tax Matters
Filing income tax returns as “single” for the 11 years before a decedent’s death, did not, as a matter of law, estop a woman from claiming to be the decedent’s surviving spouse in contested estate proceedings. So held New York County Surrogate Nora S. Anderson in the May 22, 2014 decision in Estate of Tran (pdf). Sang… Continue Reading

Stereotypes and Prejudices which Shaped Custody Determinations are Demonstrably False

Posted in Custody and Visitation, Evidence
The November/December issue of Scientific American Mind magazine presents the article, What Makes a Good Parent? A growing body of research conducted over the past 50 years shows fairly clearly that some parenting practices produce better relationships between parent and child and happier, healthier, better functioning children. A new study by the article’s author, Robert… Continue Reading

What Exactly is an “Order of Preclusion?”

Posted in Discovery, Evidence
If a spouse wilfully fails to provide financial information during the discovery phase of a divorce action, one remedy may be an order of preclusion under C.P.L.R. §3126.  Thus, an August, 2010 decision of the Appellate Division, Second Department, in Raville v. Elnomany, affirmed the preclusion of the husband “from offering financial evidence at the… Continue Reading