Divorce: New York

Divorce: New York

Tag Archives: Invalid

Settlement Agreement’s Failure to Include C.S.S.A. Recitation Invalidates Entire Agreement

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
The First Department, in its February 19, 2013 decision in David v. Cruz, threw out an entire settlement agreement because of its failure to include  language required by the Child Support Standards Act. The C.S.S.A. sets out a presumptive formula for the calculation of a parent’s child support obligation. Parents are free to agree to … Continue Reading

Mediated Divorce Settlement Agreement Upheld In Light Of Waiver of Financial Disclosure

Posted in Agreements and Stipulations
The ex-husband brought this post-divorce civil action against his ex-wife and Alan L. Finkel, the attorney who mediated the spouses’ 2007 divorce settlement agreement, seeking to set aside that agreement. In his July 12, 2012, decision in Valkavich v. Valkavich, Suffolk County Supreme Court Justice Ralph T. Gazzillo, granted summary judgment dismissing the complaint. The … Continue Reading

Divorce Agreement Waiver of Child Support Will Not Be Enforced If Needs of Children Are Not Being Met

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
The parties’ 2008 Separation Agreement which resolved their divorce provided for joint legal custody of the parties’ two children, with their primary residence being with the mother. Nine months after the divorce, the mother remarried and moved to her new husband’s residence in Florida. The children remained in New York with their father. The parties … Continue Reading

Wife’s Attack on 2-Year-Old Mediated Separation Agreement Summarily Dismissed

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR)
As noted in the previous blog, agreements which resolve marital rights and obligations are encouraged. They will be enforced absent demonstrable improprieties. In his January 23, 2011 decision in Capone v. Capone (pdf), Suffolk County Supreme Court Justice Ralph T. Gazzillo granted summary judgment dismissing a wife’s action to rescind and declare null and void a … Continue Reading

Severability: When Only One Provision of a Divorce Settlement Agreement Is Invalid

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification, Settlement
What happens when only one provision of an agreement is invalid because it violates some statute or public policy?  The answer may depend on who the court wants to benefit, instead of consistently-applied rules of contract law. Take, for example the April 5, 2011 decision of the Second Department in Duggan v. Duggan.  In that … Continue Reading