Divorce: New York

Divorce: New York

Tag Archives: Bast v. Rossoff

Ordering Joint Custody in Contested Divorce Custody Proceedings

Posted in Custody and Visitation
Two decisions this past month involved joint custody awards despite antagonism between the parents and contested custody proceedings. In Prohaszka v. Prohaszka, Supreme Court Putnam County Justice Francis A. Nicolai had awarded the divorcing parties joint legal custody of the parties’ children, with the mother having primary physical custody and final decision-making authority. In its … Continue Reading

Awarding Child Support to the “Non-Custodial” Parent

Posted in Child Support (C.S.S.A.)
“There is a gap in New York’s child support statutes. They do not contemplate a custodial parent paying support to a non-custodial parent. The Family Court Act does declare that both parents are chargeable with the support of their children. Moreover, the Family Court Act does not make a distinction between the “custodial” and “non–custodial” … Continue Reading

Applying the Child Support Formula in Shared Parenting Arrangements

Posted in Child Support (C.S.S.A.)
No two custodial arrangements are the same. They are as different as the children and parents themselves. As a result, the application of a presumptive child support award to the “deemed” custodial parent is inherently arbitrary. Take the May 5, 2011 decision of the Third Department in Riemersma v. Riemersma. The issues in the parties’ divorce concerning … Continue Reading