Divorce: New York

Divorce: New York

Tag Archives: Criminal Contempt

Court of Appeals Restates Civil Contempt Rules

Posted in Enforcement of Support and Orders
In its October 20, 2015 decision in El-Dehdan v. El-Dehdan, New York’s highest court restates the elements of civil contempt, the burdens of proof needed to support a finding, and the effect of the assertion of a Fifth Amendment privilege against incrimination. Doing so, the Court of Appeals affirmed a 2013 decision of the Appellate… 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