Divorce: New York

Divorce: New York

Tag Archives: Parental Income

K-1 Income and the Calculation of Child Support

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In its May 11, 2016 decision in Eifert v. Eifert, the Appellate Division, Second Department, appears to discuss the interrelationship between the calculation of child support and the “income” shown on a partnership K-1 tax form. In truth, it does not. In their divorce settlement agreement, the parties agreed that the father would pay child… Continue Reading

Child Support Computations When Spousal Maintenance is Awarded

Posted in Child Support (C.S.S.A.)
When calculating a child support obligation, what effect does a simultaneous spousal maintenance award have? The November 21, 2013 decision of the Appellate Division, Third Department, in Alecca v. Alecca reveals the conflict among the Departments, questions of logic, and the need for action by the Legislature. Agreeing with Judge Anthony McGinty, deciding for the Ulster… Continue Reading

The Second Department Rules on Child Support Parental Income Cap, Transfer of the Marital Residence, and Judgment Formalities

Posted in Child Support (C.S.S.A.), Equitable Distribution, Forms, Judgments and Orders, Statutes
In a May 8, 2013 decision in Mejia v. Mejia, the Appellate Division, Second Department, modified a divorce judgment’s provisions concerning the cap on combined parental income, the disposition of the marital residence, college expenses for three children ages 14, 10 and 6, and judgment inconsistencies with the underlying decision and judgment  formalities. After the… Continue Reading