The husband moved to dismiss the complaint. On this motion to dismiss, the Husband argued that the mother-in-law’s contract and unjust enrichment claims were barred by res judicata and collateral estoppel, as the underlying $48,000 financial transaction was raised and examined during the divorce proceedings that had culminated in a final judgment.
Continue Reading Ex-mother-in-law’s Claim Against Husband Dismissed for Divorce Action Res Judicata
The “Voluntary Payments” clause of the parties’ divorce stipulation of settlement prevented an ex-husband from using his non-required payments as an offset against his unpaid obligations. So held the First Department in its January 28, 2014 decision in Trepel v. Trepel. Doing so, the appeallate court affirmed the order of New York County Supreme
Is it proper, at the conclusion of a divorce action, to offset pendente lite child support arrears against the support obligor’s right to receive a share of the custodial parent’s pension or other deferred compensation plan assets?That question was apparently answered in the affirmative by the Appellate Division, Third Department, in its October