Divorce: New York

Divorce: New York

Category Archives: Jurisdiction

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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

Support Modification Agreements: Get’em in Writing; Get’em into Court

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Jurisdiction, Modification, Statutes
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