Divorce: New York

Divorce: New York

Tag Archives: Deborah A. Kaplan

Husband in Divorce Action Ordered to Refinance Home, or Pay Off Half of Mortgage Balance

Posted in Equitable Distribution, Temporary (Pendente Lite) Relief
In order to prevent the foreclosure of the marital residence, a court in a divorce action, and prior to judgment, may order the spouses to cooperate with a refinance application. Moreover, if the property is not successfully refinanced, the court, before divorce judgment, may compel a spouse to satisfy (at least) one half of the … Continue Reading

Appellate Decision Clarifies Temporary Maintenance Calculations; Temporary Child Support Awards Must Be Next

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
In the first appellate decision to apply the October 12, 2010 temporary maintenance amendment to the Domestic Relations Law, it was held that the recipient’s share of marital residence carrying charges is within the temporary maintenance award, itself. It was improper to have the payor spouse pay carrying costs directly in exhange for a credit against income … Continue Reading

Relocation of the Single Parent and Child: Recent Decisions (Part II)

Posted in Custody and Visitation
As noted in the February 8, 2010 post, seven very recent decisions reveal just how present are applications by separated parents to relocate with children. These decisions demonstrate that relocation applications will be decided very much on a case-by-case basis. However, common inquiries are evident: To what extent is the relocation a necessity? To what extent … Continue Reading