Divorce: New York

Divorce: New York

Tag Archives: Emancipation

Crediting Child Support With Payments for College Expenses

Posted in Child Support (C.S.S.A.)
Should a court reinterpret a divorce settlement agreement in light of New York’s public policy? It is one thing to void a contract provision as violative of that policy. It’s another to pretend that the contract was intended to be consistent with that policy. Take, Monroe County Supreme Court Justice Richard A. Dollinger’s recent decision… Continue Reading

“I’m Moving In With Daddy”: The Child Support Perspective (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In contrast to its decision in Zaratzian, the subject of yesterday’s blog post, the Second Department, in Eagar v. Suchan, held the same day that a father was entitled to receive child support from a mother after their two children moved in with him. In Eagar, the parties’ 1999 Settlement Agreement which was incorporated, but not… Continue Reading

“I’m Moving In With Daddy”: The Child Support Perspective (Part I)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
Among the hardest jobs of the matrimonial lawyer is to draft divorce settlement agreements that anticipate post-divorce events and then resolve them with precision. Two May 20, 2015 decisions of the Second Department highlight just how hard those jobs can be when it comes dealing with the child who switches his or her primary residence.… Continue Reading

Do You Kiss Your Mother With That Mouth?

Posted in Child Support (C.S.S.A.)
All hail Sir Richard of Rochester! Chivalry is not dead. Although opening his January 17, 2015 opinion in Cornell v. Cornell with “Sticks and stones will break my bones, But words will never harm me,” Monroe County Acting Supreme Court Justice Richard A. Dollinger nevertheless held that vile words to a child support-paying mother from… Continue Reading

Child Support: When One of the Children Switches Homes

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification-agreements-and-stipulations
It is common for a divorce settlement agreement to provide that a child will be emancipated if he or she leaves the residence of the custodial parent. The result is the stated reduction in child support payments to the custodial parent. However, if the child not only leaves the custodial parent, but moves in with… Continue Reading

Child Support Continues: Full-Time College Student With Own Apartment When Not At School Does Not Reside “Full-Time Away From the Home of the Mother”

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
The fact that a father set his daughter up with her own apartment when not away at college could not be used by the father as a basis to discontinue making child support payments to the mother. Such was the holding in Trepel v. Trepel, a July 12, 2013 decision New York County Supreme Court Justice Lori… Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification-agreements-and-stipulations
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate… Continue Reading

Mother Fails to Establish Alienation Defense to Father’s Child Support Claim

Posted in Child Support (C.S.S.A.)
If a judge, and particularly one held in as high regard as former New York County Supreme Court Justice Jacqueline W. Silberman, tells you that you have contributed to your “fractured relationship” with your child and recommends counseling/therapy, you should probably follow the advice. The parents of a now-19 year old son have been engaged… Continue Reading

Child’s Economic Independence, Not Full-Time Employment, Signals End of Support Obligation

Posted in Child Support (C.S.S.A.)
At age 18, the child becomes an adult, legally beyond the reach of parental decisions. However, not until age 21 does the legal obligation to support that child come to an end (unless extended by agreement). A parent’s obligation to support may end (or be suspended) before that, as when a child marries, enters the armed forces, or… Continue Reading