Divorce: New York

Divorce: New York

Tag Archives: Pro Rata

Ambiguous Agreements to Pay for Children’s College Expenses

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Enforcement of Support and Orders
What is a “mandatory” college expense to be shared by the parents? In its January 15, 2014 decision in Shaughnessy v. Cox, the Second Department upheld the order of Nassau County Family Court Judge Robin M. Kent (which in turn upheld the determination of Support Magistrate Neil Miller) directing the father to pay 50% of the … Continue Reading

No Child Support Awarded Upon Combined Parental Income in Excess of $136,000 Statutory Cap

Posted in Child Support (C.S.S.A.)
Considering the add-ons for private school, health care, child care, and extra-curricular activities, imposing a base child support obligation upon a father (the less-moneyed spouse) in excess of his pro rata share of the first $136,000 of combined parental income would be unjust and inappropriate. Such was the holding of Acting Supreme Court Kings County Justice … Continue Reading

Divorce Counsel Fee Awards: Beware Formulaic Approaches

Posted in Counsel Fees
In his January 7, 2013 decision in Gluck v. Gluck, Nassau County Supreme Court Justice Daniel R. Palmieri, determined that the wife pay 80% of the counsel fees incurred by the husband, as such reflected the wife’s pro rata share of the parties’ total income. Following a 13-day trial, the parties agreed that the Court … Continue Reading

College Financial Aid and Calculating the Divorced Parent’s Pro Rata Obligation for Tuition

Posted in Child Support (C.S.S.A.)
August is off-to-college month. For divorced parents, the joys and sorrows of a child leaving the nest are often compounded by the parents’ disagreement over their division of college expenses. Last Spring’s decision of the Second Department in Yorke v. Yorke provides guidance.  The parties are the parents of a child who entered college beginning in … Continue Reading

Court Tempers Temporary Maintenance Formula and Temporary Child Support with Reality Check

Posted in Child Support (C.S.S.A.), Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
In this second of two blogs discussing Supreme Court Nassau County Justice Anthony J. Falanga‘s March 28, 2011 decision in A.C. v. D.R., we look at the Court’s temporary financial relief rulings under the recent amendments to D.R.L. §§236B(5-a) and 237. Last Monday’s blog discussed the joinder for trial of the wife’s post-no-fault action with the husband’s pre-no-fault … Continue Reading