Divorce: New York

Divorce: New York

Tag Archives: Fraud

Another Prenup Bites the Dust, Maybe

Posted in Agreements and Stipulations
The November 12, 2014 decision of the Appellate Division, Second Department, in Bibeau v. Sudick reversed the granting of summary judgment upholding the validity a 2000 prenuptial agreement, remanding the matter for a hearing on that issue. In September 28, 2000, two days before their wedding, the 70-year old future husband and the 38-year old … Continue Reading

Melting Pot (Part 3 of 4): Domesticating the Foreign Child Support Judgment

Posted in Child Support (C.S.S.A.), Counsel Fees, Enforcement of Support and Orders
The third of four decisions this month with an international context was decided by New York County Supreme Court Justice Manuel J. Mendez. In Bond v Lichtenstein (pdf), decided July 15, 2014, Justice Mendez granted a mother summary judgment in lieu of complaint under C.P.L.R. §3213 domesticating a $570,110.05 Hong Kong judgment for child support … Continue Reading

Court Strikes Prenup Provision Giving Husband the Power to Determine Whether After-Marriage Acquired Property was Marital or Separate

Posted in Agreements and Stipulations
After surgically excising eight words, Saratoga County Supreme Court Justice Thomas D. Nolan, Jr., in his February 7, 2014 decision in Zinter v. Zinter, upheld the balance of a prenuptial agreement. Those words had given the husband the unconscionable power to control whether earnings and other after-marriage acquired property would be placed into joint or indiviual … Continue Reading

Claimed Ignorance of C.S.S.A. Treatment of Income Over Cap Not Basis to Set Aside Divorce Settlement Agreement

Posted in Agreements and Stipulations, Attorney and Client, Child Support (C.S.S.A.), Settlement
The alleged failure of the mediator and the husband’s counsel to advise the husband that a court need not apply the C.S.S.A. formula to the husband’s entire agreed-upon income of $1,200,000.00 per year income is not a basis to set aside a divorce settlement agreement, or its $29,500.00 per month child support obligation. So held … Continue Reading

Concealing Terminal Cancer Not Basis to Invalidate Divorce Settlement

Posted in Agreements and Stipulations, Equitable Distribution
The failure of the now-deceased wife to disclose that she was suffering from terminal cancer at the time the parties entered their divorce settlement agreement was not a basis to set aside that agreement. So held the Appellate Division Second Department in its August 28, 2013 decision in Petrozza v. Franzen. Richmond County Supreme Court Justice John … Continue Reading

Is it Open Season on Prenuptial Agreements?

Posted in Agreements and Stipulations
In its February 20, 2013 decision in Cioffi-Petrakis v. Petrakis, the Second Department affirmed the decision of former Nassau County Supreme Court Justice Anthony J. Falanga which set aside the parties’ prenuptial agreement. Indeed, decisions over the past year indicate that there may be a pendulum swinging towards easing the burden on the party (generally, the … Continue Reading

Postnuptial Agreement Vacated for Overreaching 16 Years After Entry

Posted in Agreements and Stipulations
In its December 5, 2012 decision in Petracca v. Petracca, the Second Department affirmed the decision of Nassau County Supreme Court Justice Jeffrey S. Brown that set aside a postnuptial agreement due to the husband’s overreaching at the time of signing. Four months after the parties’ 1995 marriage, they entered into a postnuptial agreement. The agreement … Continue Reading

Sanctions and Fees Totaling $60,000 Imposed Against Ex-Wife; Divorce Litigation Often Keeps Going, and Going, and Going . . .

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR), Counsel Fees, Sanctions, Settlement
There are may circumstances which courts recognize warrant revisiting a divorce resolution. On the other hand, ongoing litigation is often unfounded and a result of the anger, bitterness, sadness, desire for revenge, etc. In her February 3, 2012 decision in D.W. v. R.W., Westchester County Supreme Court Justice Francesca E. Connolly imposed $17,500.00 in sanctions and … Continue Reading

Divorce and the Green-Card Marriage

Posted in Equitable Distribution
Queen County Supreme Court Justice Pam Jackman-Brown did not say that Claudette Medley’s marriage to Maurice Medley was a fraudulent attempt to take advantage of immigration rules. However, in her November, 2011 decision in Medley v. Medley, Justice Jackman-Brown made it clear that this was not a marriage made in heaven. Ms. Medley migrated to the … Continue Reading

Grabbing the Business Computer

Posted in Discovery
In her June 25, 2010 Shreiber (PDF) decision, Brooklyn Supreme Court Justice Delores Thomas denied a wife’s second motion for the wholesale inspection of her husband’s (previously-secured) computer hard disk drive. A prior motion had been denied as premature and because the activities of the appraiser court-appointed to evaluate the husband’s solo law practice might have rendered … Continue Reading