Justice Jeffrey Sunshine

Four recent decisions address the issue of whether “stay at home” orders and the generalized pandemic threat are sufficient to deprive a child of regular and meaningful personal contact with both parents.

No, held Bronx County Family Court Judge Ariel D. Chesler on May 7, 2020 in Matter of S.V. v. A.J.

A generalized fear of the coronavirus crisis we all face is insufficient to severely limit and perhaps harm a child’s relationship with a parent.

There, the parties were the parents 4- and 2-year-old children who lived primarily with their mother. Prior to the father’s current application, numerous Family Court petitions had been filed. However, no temporary or final custody orders had been entered. A January 16, 2020 order granted the father alternate weekend visitation. Moreover, a Criminal Court final Order of Protection directed the father to stay away from the mother. As a result, the children were being exchanged at a police precinct.

The visitation order had been followed until the New York and New Jersey quarantine orders were issued. Then, the mother unilaterally decided not to produce the children for three alternate weekend visits beginning March 27th. In response, the parties arranged through their attorneys for daily video conference visits to take place between the father and the children. However, when further efforts by the parties to resolve the issue failed, the father petitioned the court to enforce the temporary order schedule, schedule makeup visits, and to direct daily video conferences.


Continue Reading Visitation in These COVID-19 Times

Calculator formulaOn June 24, 2015, the New York State Senate passed Bill A7645-2015 relating to the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June 15th. It awaits approval by Governor Cuomo.

The law’s formulas apply to actions commenced on or after the 120th day after they become law (except for the temporary maintenance formulas which apply to actions commenced on or after the 30th day after they become law). The new law may not be used as a basis to change existing orders and agreements.

The law will undoubtedly be the subject of numerous articles and legal seminars. Years of decisions will be forthcoming that particularly focus on matters of discretion, just as they followed the enactment of the Child Support Standards Act in 1989.

Before getting to the new formulas, the law eliminates a major thorn in side of the matrimonial bench and bar: When equitably distributing the assets of the parties, the court is no longer to consider as a marital asset the value of a spouse’s enhanced earning capacity arising from a license, degree, celebrity goodwill, or career enhancement (however, it may be condidered when making other distributive awards).

As to maintenance, the following highlights may be noted, many of which are contained in the Sponsor’s Memo:


Continue Reading Legislature Passes Spousal Maintenance (Alimony) Formula