Divorce: New York

Divorce: New York

Tag Archives: Contempt

Unemployment, Alone, Does Not Prove Inability To Pay Child Support

Posted in Child Support (C.S.S.A.), Enforcement of Support and Orders
Unemployment, alone, is not sufficient to avoid incarceration for the willful failure to pay child support. So held the First Department when on April 8, 2014 it affirmed the determination of Bronx County Family Court Judge Sidney Gribetz in Gina C. v. Augusto C. Based upon the fact-finding determination of the Support Magistrate, Judge Gribetz had found … Continue Reading

Court Clarifies Civil Contempt and the Fifth Amendment Privilege

Posted in Enforcement of Support and Orders, Equitable Distribution
The Second Department used its December 18th decision in El-Dehdan v. El-Dehdan to clarify the parties’ relative burdens of proof on an application for contempt where the Fifth Amendment privilege against self-incrimination has been invoked. The court also harmonized inconsistencies in case law as to the elements of civil contempt. The court held that there was no element … Continue Reading

Without Financial Injury, Divorce Civil Contempt Remedies Are Only Prospective

Posted in Enforcement of Support and Orders
No retroactive fine or suspension of maintenance is to be  imposed against a wife who violated her so-ordered stipulation not to allow her paramour into the marital residence. Instead, suspension of maintenance and a fine would only be imposed prospectively and only until the wife complied with that stipulation. Civil contempt fines are not intended to … Continue Reading

Custody Issues Considered in Five Second Department Cases Decided May 1st

Posted in Custody and Visitation
In five cases decided May 1, 2013, the Second Department continued to voice its concern when parents just don’t get along. Again, the court considered joint custody, hampering the child’s relationship with the other parent, private interviews of children by the judge, contempt for violations of visitation orders, and whether a non-parent may be granted … Continue Reading

Relocation to California Denied Mother with 12-year Old Daughter

Posted in Alternative Dispute Resolution (ADR), Custody and Visitation, Enforcement of Support and Orders
The May 5, 2011 decision of the Appellate Division Third Department in Munson v. Fanning, highlights the need for difficult discussions and prioritization before taking life-altering steps. It is also another call for the expanded use of the Collaborative Law Process. In this case, the parties’ 12-year old daughter had been born after her parents had … Continue Reading