Divorce: New York

Divorce: New York

Tag Archives: Discretion

Imputing Income When Determining Child Support

Posted in Child Support (C.S.S.A.)
Three Second Department decisions within eight days this month reveal the discretion of the trial court when income is not apparent (no pun intended) on a determination of a parent’s basic child support obligation. In Fein v. Fein, the Appellate Division, Second Department, affirmed the determination of Westchester County Supreme Court Justice Bruce E. Tolbert to impute … Continue Reading

Second Department Approves Interim Counsel Fee in Excess of Prenuptial Agreement’s Cap, But Reverses Award of Interim Spousal Maintenance

Posted in Agreements and Stipulations, Counsel Fees, Temporary (Pendente Lite) Relief
In its September 18, 2013 decision in Abramson v. Gavares, the Second Department briefly reviewed the interplay between prenuptial agreements and interim awards in divorce actions. In this case, the parties were married in 2004 and hade one child, born in 2006. This divorce action was commenced in 2009 [before the 2010 laws on counsel … Continue Reading

No Child Support Awarded Upon Combined Parental Income in Excess of $136,000 Statutory Cap

Posted in Child Support (C.S.S.A.)
Considering the add-ons for private school, health care, child care, and extra-curricular activities, imposing a base child support obligation upon a father (the less-moneyed spouse) in excess of his pro rata share of the first $136,000 of combined parental income would be unjust and inappropriate. Such was the holding of Acting Supreme Court Kings County Justice … Continue Reading

$400,000 Combined Parental Income Cap Imposed by Second Department when Determining Father’s Child Support Obligation

Posted in Child Support (C.S.S.A.)
Two published decisions last week ruled on the whether to award child support upon combined parental income in excess of the base child support amount. In the first, the Second Department in Beroza v. Hendler, found it was an improvident exercise of discretion for the trial court to have capped the parties’ combined parental income at … Continue Reading

Divorce Counsel Fee Awards: Beware Formulaic Approaches

Posted in Counsel Fees
In his January 7, 2013 decision in Gluck v. Gluck, Nassau County Supreme Court Justice Daniel R. Palmieri, determined that the wife pay 80% of the counsel fees incurred by the husband, as such reflected the wife’s pro rata share of the parties’ total income. Following a 13-day trial, the parties agreed that the Court … Continue Reading

Payment of Husband’s Pre-marital Support Arrears Results in Equitable Distribution Credit to the Wife

Posted in Equitable Distribution
Distinguishing the 2009 Court of Appeals decision in Mahoney–Buntzman v. Buntzman, the Second Department, in its October 24, 2012 decision in Levenstein v. Levenstein, has held that if marital funds are used to pay pre-marital support arrears, the non-obligated spouse may be awarded a credit towards equitable distribution. In 1995, before the current marriage, Mr. … Continue Reading