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Voluntary Payments Clause Precludes Reduction of Arrears

By Neil Cahn on February 3, 2014
Posted in Agreements and Stipulations

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…

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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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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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