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Divorce: New York

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Postnuptial Agreement Formalities Strictly Enforced

By Neil Cahn on March 14, 2016
Posted in Agreements and Stipulations

NotaryA signature by a notary is not a proper acknowledgment. As a result “Promissory Note” deemed a postnuptial agreement was unenforceable. So held the Appellate Division, Second Department, in its March 2, 2016 decision in Ballesteros v. Ballesteros.

In this case, the parties were married on July 27, 2008. Prior to their marriage, on…

"Marital" Debt Incurred After Post-Divorce Action Commencement

Posted on May 14, 2015
Posted in Equitable Distribution

DebtAmong other errors the Appellate Division, Second Department, addressed in its May 6, 2015 decision in Sawin v. Sawin, was the award to the wife of an $8,000 credit for her post-divorce action assumption of a $16,000 credit card debt. At trial, the wife testified that she incurred this debt over a two-year period…

Crediting Child Support For College Room And Board Payments: Sawin II

Posted on May 13, 2015
Posted in Child Support (C.S.S.A.)

Education savingsA parent who pays all or some portion of a child’s college room and board expenses is often entitled to a credit against that parent’s base child support obligation. The Appellate Division, Second Department, in its May 6, 2015 decision in Sawin v. Sawin, appears to hold that such credits may only be taken…

Child Support and Maintenance: A Case Study: Sawin I

By Neil Cahn on May 12, 2015
Posted in Child Support (C.S.S.A.), Maintenance

Calulator on 100s 3It’s worthy of note when enough information is provided in an appellate decision to see “how” maintenance and child support were computed. The May 6, 2015 decision of the Appellate Division, Second Department, in Sawin v. Sawin, provides such an opportunity.

In Sawin, the parties were married in 1988 and had three children.…

About Neil Cahn

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A graduate of Yale College and a Law Review graduate of the Hofstra University School of Law, Neil Cahn has practiced law on Long Island…

A graduate of Yale College and a Law Review graduate of the Hofstra University School of Law, Neil Cahn has practiced law on Long Island for more than 40 years.

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Divorce: New York

Neil Cahn, PLLC
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Carle Place, NY 11514-1827
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Mr. Cahn’s practice is concentrated in family law. The resolution of divorce, support, custody, and other family disputes and enforcement is accomplished through Litigation, Collaborative Divorce, Mediation and Arbitration. In addition, Mr. Cahn mediates and represents parties entering prenuptial, postnuptial, separation, divorce settlement, and parenting agreements and modifications.

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