Evasive

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Zipped LipsThe judgment of divorce awarded by Orange County Supreme Court Justice Paul I. Marx, in Gafycz v. Gafycz, granted the wife, among other relief, 100% of two parcels of marital real property, 25% of properties located in Port Jervis, and $1,000 per month in nondurational (permanent) spousal support. The husband appealed.

In its March 1, 2017 decision, the Appellate Division, Second Department, affirmed. It held that Justice Marx providently exercised his discretion when awarding the wife 100% of the marital properties located in Chester and Pond Eddy. The appellate court noted, “The trial court is vested with broad discretion in making an equitable distribution of marital property . . . and unless it can be shown that the court improvidently exercised that discretion, its determination should not be disturbed.”

In this case, Justice Marx had considered that the husband secreted assets, willfully failed to comply with court orders, and was deliberately evasive in his testimony in fashioning its equitable distribution award of the marital property.Continue Reading Division of Assets Adjusted Due To Evasiveness of Husband

The husband’s willingness to lie was only exceeded by his arrogance, which apparently permits him to believe that the court might possibly buy the bridge he is selling. The world in which Mr. Medina lives, is at best in a parallel universe.

So noted Justice Charles D. Wood, Supervising Judge of the Matrimonial Part of the Westchester County Supreme Court, in his December 17, 2013 decision in Medina v. Medina, when awarding the wife $53,000 of the $63,000 in counsel fees she incurred in this divorce action.

The parties were married in 2001. They had one child, now five years old. Both parties were 38 years old. The wife attained the equivalent of a bachelor’s degree in Poland. During the marriage, she earned her real estate license. For the last two years, she had worked selling real estate directly for a developer. After having worked in a sales position for another developer for six years, the wife gave birth in 2008 to the parties’ son, and only worked half the year. She also stayed home with the child in 2009. In 2011, she earned $87,000, and in 2010, $58,936.

Prior to the marriage, the husband held licenses to sell insurance, securities, and a Series 7 certification. The day before the January, 2011 commencement of this divorce action, the husband was laid off as an investment advisor with the firm for whom he had been working since 2006. In 2011, the husband worked for a securities firm, and earned $87,911.47. He now works for another securities firm, where his income is based solely on commissions.

A six-day trial was conducted on the issues of parental access, equitable distribution, allocation of marital debt and tax arrears, child support and maintenance (and arrears of both). Following a decision on these issues, a hearing was held on the wife’s application for counsel fees.

The wife had incurred counsel fees of over $63,000,based upon her counsel’s fee at $400 per hour. Of that sum, the wife had already paid $25,000.Continue Reading Counsel Fees Awarded Against Husband Living in “Parallel Universe”