Divorce: New York

Divorce: New York

Tag Archives: Helene M. Selznick

Failing To Give Default Notice Precludes Counsel Fee Award

Posted in Counsel Fees, Enforcement of Support and Orders
The wife’s failure to send notice of default as required by the parties’ divorce judgment resulted in no award of counsel fees on her enforcement application. So held the Appellate Division, Second Department, in its August, 2015 decision in Taormina v. Taormina, reversing the wife’s $7,781.25 counsel fee award by Westchester Supreme Court Acting Justice Janet C. Malone. The… Continue Reading

Ordering Joint Custody in Contested Divorce Custody Proceedings

Posted in Custody and Visitation
Two decisions this past month involved joint custody awards despite antagonism between the parents and contested custody proceedings. In Prohaszka v. Prohaszka, Supreme Court Putnam County Justice Francis A. Nicolai had awarded the divorcing parties joint legal custody of the parties’ children, with the mother having primary physical custody and final decision-making authority. In its… Continue Reading