Divorce: New York

Divorce: New York

Tag Archives: C.S.S.A.

Pre-nup Upheld; Temporary Maintenance and Counsel Fees Increased on Appeal

Posted in Agreements and Stipulations, Temporary (Pendente Lite) Relief
In its August 19, 2015 decision in Hof v. Hof, the Second Department, almost matter-of-factly, addressed a number of pendente lite and pre-nuptial agreement issues. To begin, the Court affirmed the determination of Suffolk County Supreme Court Justice John B. Collins, that after a hearing upheld the parties’ prenuptial agreement. By that agreement, at least… Continue Reading

The Divorced Parent’s Obligation to Pay for College: It Depends What “Means” Means

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
“It depends on what the meaning of the word ‘is’ is.” Bill Clinton, August 17, 1998 “What does “means” mean?” Justice Richard A. Dollinger, June 22, 2012 By statute, a court may direct a parent to contribute to a child’s education, even in the absence of special circumstances or a voluntary agreement of the parties.… Continue Reading

Father’s Failure To Visit Child Is Grounds To Increase Child Support

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Custody and Visitation
Parents sometimes enter child support agreements which track the presumptive formula set out in New York’s Child Support Standards Act (Family Court Act §413; Domestic Relations Law §240[1-b]). However, parents in their agreements often deviate from the presumptive formula to reflect various considerations. That deviation for a married couple may reflect the delicate balancing of property rights,… Continue Reading

Considering Fringe Benefits in Child Support Cases

Posted in Child Support (C.S.S.A.)
Two cases this month discussed the treatment of employer-provided fringe benefits in child support determinations. In his May 14, 2012 decision in K.W. v. M.W., Onondaga County Family Court Judge Michael L. Hanuszczak rejected a father’s objections to the determination of a Support Magistrate. While doing so, Judge Hanuszczak considered the impact of certain union fringe… 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

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