Divorce: New York

Divorce: New York

Tag Archives: Justice Ellen Gesmer

Signing a Prenuptial Agreement Against the Advice of Counsel Bars Subsequent Attack

Posted in Agreements and Stipulations, Maintenance
When your lawyer tells you that you are about to make a really bad deal, you disregard that advice at your peril. That is one lesson to be learned from a split-decision of the Appellate Division First Department in its April 17, 2012 decision in Barocas v. Barocas. The court affirmed a decision of Supreme Court … Continue Reading

Awarding Child Support to the “Non-Custodial” Parent

Posted in Child Support (C.S.S.A.)
“There is a gap in New York’s child support statutes. They do not contemplate a custodial parent paying support to a non-custodial parent. The Family Court Act does declare that both parents are chargeable with the support of their children. Moreover, the Family Court Act does not make a distinction between the “custodial” and “non–custodial” … Continue Reading

The Taxability of Spousal Maintenance Payments: a Subject of Inconsistent Court Decisions

Posted in Maintenance, Tax Matters, Temporary (Pendente Lite) Relief
The Appellate Division, Second Department, has again told J.H.O. Stanley Gartenstein that it was improper for him to award nontaxable spousal maintenance. In Siskind v. Siskind, in addition to awarding the wife $65,000 per year in nontaxable maintenance until the wife reached her 65th birthday, J.H.O. Gartenstein equitably distributed the parties’ assets, awarded child support and … Continue Reading

Are Parenting Coordinators Too Little, Too Late in Custody and Visitation Disputes?

Posted in Custody and Visitation
In an effort to help parents in high-conflict decision-making disputes, New York courts are now appointing “Parenting Coordinators.” Professor Andrew Schepard of the Hofstra University School of Law in his  article, “Parenting Coordinator for High Conflict Parent” N.Y.L.J., 5/8/03, p. 3 col. 1, explained the role of Parenting Coordinator as “a combination educator, mediator and … Continue Reading