Divorce: New York

Divorce: New York

Tag Archives: Retroactive

Crediting Voluntary Payments Against Retroactive Support Awards

Posted in Maintenance
For what expenses will a support payor (here, the husband) receive credit against the retroactive support award made incident to the final divorce determination? The Second Department clarified the rules in its May 14, 2014 decision in McKay v. Groesbeck. Six years earlier (!), on a prior appeal (Groesbeck v. Groesbeck, 51 A.D.3d 722, 858 … Continue Reading

Emancipation Of One Child Does Not Automatically Result in a Downward Modification of Unallocated Child Support

Posted in Child Support (C.S.S.A.), Modification
The emancipation of a child does not automatically result in the downward modification of an unallocated order of child support. Rather, the support payor has the burden of proving that the existing  amount of unallocated child support is excessive based on the needs of the remaining unemancipated children. Such was the holding of the Appellate … Continue Reading