Divorce: New York

Divorce: New York

Tag Archives: Justice Richard A. Dollinger

A Party’s Sworn Statement Of Irretrievable Breakdown Is Incontestable: The First Department Weighs In

Posted in No-fault (irretrievable breakdown)
In its October 30, 2014 decision in Hoffer-Adou v. Adou, the Appellate Division, First Department, affirmed the granting of summary judgment awarding a no-fault divorce solely upon the plaintiff’s (here the wife) sworn statement. That award had been made below by Supreme Court, New York County Justice Deborah A. Kaplan. In so holding the First … Continue Reading

Collecting Counsel Fees in Divorce Actions: Charging Lien Against IRA Denied

Posted in Counsel Fees, Enforcement of Support and Orders
In his February 26, 2013 decision in J.K.C. v T.W.C., Monroe County Supreme Court Justice Richard A. Dollinger held that an attorney could not have a charging lien under Section 475 of the Judiciary Law against the IRA received by his former client (the wife) as her marital share of the husband’s IRA. IRAs, generally, are exempt from creditor’s … Continue Reading

No-Fault Divorce: A Party’s Sworn Statement of Irretrievable Breakdown is Incontestable

Posted in Grounds, No-fault (irretrievable breakdown)
In a decision issued November 9, 2012 in Palermo v. Palermo, the Appellate Division, Fourth Department, affirmed the October 28, 2011 decision of Monroe County Supreme Court Justice Richard A. Dollinger for the reasons stated in Justice Dollinger’s opinion: a party’s sworn statement of irretrievable breakdown is incontestable. It is not subject to attack at trial. … Continue Reading

The Divorced Parent’s Obligation to Pay for College: It Depends What “Means” Means (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In last week’s blog, I discussed the extraordinary analysis undertaken by Monroe County Supreme Court Justice Richard A. Dollinger in L.L. v. R.L. in order to apply the agreement made by parents at the time of their divorce to finance their children’s college education “according to their respective means at the time the child attends college.” On … Continue Reading

The Divorced Parent’s Obligation to Pay for College: It Depends What “Means” Means

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
“It depends on what the meaning of the word ‘is’ is.” Bill Clinton, August 17, 1998 “What does “means” mean?” Justice Richard A. Dollinger, June 22, 2012 By statute, a court may direct a parent to contribute to a child’s education, even in the absence of special circumstances or a voluntary agreement of the parties. … Continue Reading

When Divorcing Parents Live Off Their Own Parents

Posted in Child Support (C.S.S.A.), Maintenance, Temporary (Pendente Lite) Relief
What are the support rights and obligations of a couple who have habitually lived often the generosity of their parents? That was the question Monroe County Suprme Court Justice Richard A. Dollinger answered in his July 23, 2012 decision in G.R.P. v. L.B.P. when determining temporary support. The divorcing couple have been married for 20 years … Continue Reading

Did Judge Overrule the Appellate Division to Hold Ex-Husband May Not Be Required to Provide Health Insurance Beyond Period He Is Required to Pay Support to Ex-Wife?

Posted in Insurance, Maintenance
The rule of law discussed by Monroe County Supreme Court Justice Richard A. Dollinger in Lomaglio v. Lomaglio is undoubtedly correct. An ex-husband may not be required to provide health insurance beyond the period he is required to pay his ex-wife maintenance. The question is was he allowed to correctly apply the law? With allusions to Gilbert and Sullivan’s … Continue Reading

Unemployed Father May Have To Relocate Rather Than Having His Child Support Obligation Reduced

Posted in Child Support (C.S.S.A.), Modification
When a judge works this hard to provide a searching analysis of a difficult question, we should sit up and take notice. Should an unemployed father be required to prove why he should not have to relocate to seek/obtain employment in his field as a condition to him receiving a downward modification of his child … Continue Reading

Judge Allows No-fault Divorce Claim to be Added to Pre-No-fault Case

Posted in Grounds, No-fault (irretrievable breakdown)
Elevating substance over form, Supreme Court Monroe County Acting Justice Richard A. Dollinger allowed a husband to amend his complaint in a 2009 divorce action to add a no-fault claim under D.R.L. §170(7), effective October 12, 2012. Justice Dollinger in his April 16, 2012 decision in G.C. v. G.C. (pdf), noted New York’s public policy … Continue Reading

No-fault Divorce Is Not Here, Yet: One Court Decides that Whether a Marriage Has Broken Down Irretrievably is an Objective Issue of Fact

Posted in Grounds, No-fault (irretrievable breakdown)
Update: In a decision issued November 9, 2012, the Appellate Division, Fourth Department, affirmed the October 28, 2011 decision of Monroe County Supreme Court Justice Richard A. Dollinger for the reasons stated in Justice Dollinger’s opinion: a party’s sworn statement of irretrievable breakdown is incontestable. It is not subject to attack at trial.   Original January … Continue Reading