Divorce: New York

Divorce: New York

Tag Archives: Violation

Mother Ordered to Write Book Report for Disobeying Father’s Visitation Rights

Posted in Custody and Visitation, Enforcement of Support and Orders
Contested litigation is remarkably unsuited for healing a divorced family. One gets a sense of the feelings of frustration, if not helplessness a Family Court Judge may feel as she tries to figure out “what do we do next?” What remedy should be ordered that will actually strengthen the bonds between parent and children? Consider the… Continue Reading

Support Check Memo Line Comments Violate Order of Protection

Posted in Family Offenses
Finding statements made by a father on the memo portion of three child support checks offensive, the Appellate Division, Second Department, found that such violated the mother’s order of protection. Doing so in its February 3, 2016 decision in Clovis v. Clovis, the Second Department reversed the order of Orange County Family Court Judge Andrew… Continue Reading

Unemployment, Alone, Does Not Prove Inability To Pay Child Support

Posted in Child Support (C.S.S.A.), Enforcement of Support and Orders
Unemployment, alone, is not sufficient to avoid incarceration for the willful failure to pay child support. So held the First Department when on April 8, 2014 it affirmed the determination of Bronx County Family Court Judge Sidney Gribetz in Gina C. v. Augusto C. Based upon the fact-finding determination of the Support Magistrate, Judge Gribetz had found… Continue Reading

Without Financial Injury, Divorce Civil Contempt Remedies Are Only Prospective

Posted in Enforcement of Support and Orders
No retroactive fine or suspension of maintenance is to be  imposed against a wife who violated her so-ordered stipulation not to allow her paramour into the marital residence. Instead, suspension of maintenance and a fine would only be imposed prospectively and only until the wife complied with that stipulation. Civil contempt fines are not intended to… Continue Reading