Divorce: New York

Divorce: New York

Tag Archives: Justice Jeffrey S. Sunshine

Being Bound by Statements in Tax Returns and Court Papers

Posted in Equitable Distribution, Evidence
“Estoppel” is the principle that precludes a person from asserting something contrary to that inconsistent with a previous statement, position or ruling. Two decisions last month bringing the principal and to focus. First, the June 4, 2014 decision  of Kings County Supreme Court Justice Jeffrey S. Sunshine in Zito v. Zito primarily resolved the wife’s motion for temporary relief in a… 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

Court Denies Husband Support and Property Distribution Unless He Gives Wife Islamic Divorce Within 45 Days

Posted in Incidental Relief, Statutes
It seems that every decision after trial rendered by Kings County Supreme Court Justice Jeffrey S. Sunshine is a divorce law treatise. His July 4, 2012 decision in Mojdeh M. v. Jamshid A. is no exception. In addition to issues of property division, spousal maintenance for the husband, child support, and insurance, Justice Sunshine also considered the husband’s… Continue Reading

Resigning NYC Police Officer Ordered to Pay Additional Counsel Fees in Pending Divorce Action

Posted in Counsel Fees, Temporary (Pendente Lite) Relief
Within weeks after entering a temporary support stipulation, the husband in a Kings County divorce action, resigned from his employment as a police officer with the New York City Police Department (NYPD). He moved to Georgia and entered the police academy as an entry-level officer at $38,000.00 per year, a more than 50% reduction of… Continue Reading

Correcting a Mistake in a Divorce Settlement Agreement

Posted in Agreements and Stipulations, Counsel Fees
Show your work. Mistakes happen, and probably a lot more often than any of us matrimonial lawyers would care to admit. We all make mistakes. I am happy to say that most mistakes are alleviated by collegial adversaries working together to put things right. However, sometimes the spouse benefiting from the mistake in marital settlement agreement… 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