Divorce: New York

Divorce: New York

Tag Archives: Exclusive Occupancy

Wife Awarded $475,000/Year Rent Received by Husband for East Hampton Residence She Was To Occupy

Posted in Agreements and Stipulations
A wife has been awarded the $475,000 annual rent received by a husband who leased out the parties’ East Hampton residence. The parties’ divorce Modification Agreement provided that the wife shall have “exclusive use and possession of the East Hampton Residence . . . until September 30, 2017 or her earlier remarriage or cohabitation with … 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

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

The Second Department Rules on Child Support Parental Income Cap, Transfer of the Marital Residence, and Judgment Formalities

Posted in Child Support (C.S.S.A.), Equitable Distribution, Forms, Judgments and Orders, Statutes
In a May 8, 2013 decision in Mejia v. Mejia, the Appellate Division, Second Department, modified a divorce judgment’s provisions concerning the cap on combined parental income, the disposition of the marital residence, college expenses for three children ages 14, 10 and 6, and judgment inconsistencies with the underlying decision and judgment  formalities. After the … Continue Reading