Divorce: New York

Divorce: New York

Tag Archives: Arrears

Melting Pot (Part 3 of 4): Domesticating the Foreign Child Support Judgment

Posted in Child Support (C.S.S.A.), Counsel Fees, Enforcement of Support and Orders
The third of four decisions this month with an international context was decided by New York County Supreme Court Justice Manuel J. Mendez. In Bond v Lichtenstein (pdf), decided July 15, 2014, Justice Mendez granted a mother summary judgment in lieu of complaint under C.P.L.R. §3213 domesticating a $570,110.05 Hong Kong judgment for child support … Continue Reading

Voluntary Payments Clause Precludes Reduction of Arrears

Posted in Agreements and Stipulations
The “Voluntary Payments” clause of the parties’ divorce stipulation of settlement prevented an ex-husband from using his non-required payments as an offset against his unpaid obligations. So held the First Department in its January 28, 2014 decision in Trepel v. Trepel. Doing so, the appeallate court affirmed the order of New York County Supreme Court Justice … Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate … Continue Reading

Support Modification Agreements: Get’em in Writing; Get’em into Court (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Enforcement of Support and Orders, Maintenance, Modification
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

Payment of Husband’s Pre-marital Support Arrears Results in Equitable Distribution Credit to the Wife

Posted in Equitable Distribution
Distinguishing the 2009 Court of Appeals decision in Mahoney–Buntzman v. Buntzman, the Second Department, in its October 24, 2012 decision in Levenstein v. Levenstein, has held that if marital funds are used to pay pre-marital support arrears, the non-obligated spouse may be awarded a credit towards equitable distribution. In 1995, before the current marriage, Mr. … Continue Reading

Offsetting Child Support Arrears Against Distributive Award Assets

Posted in Child Support (C.S.S.A.)
Is it proper, at the conclusion of a divorce action, to offset pendente lite child support arrears against the support obligor’s right to receive a share of the custodial parent’s pension or other deferred compensation plan assets?   That question was apparently answered in the affirmative by the Appellate Division, Third Department, in its October … Continue Reading