Supreme Court properly awarded plaintiff 95% of equity in the marital residence where defendant was under house arrest or imprisoned from time of purchase until commencement of divorce Jones v. Jones, 2017-08387 The parties in this case were married in 1990 and have one emancipated child. While the marital residence…
On motion to vacate Child Support Order entered on default, the Family Court erred in requiring father to meet the burden of proving that he was not served with the petition Matter of K. (Anonymous) v. S. (Anonymous), 2019-07754 Appeal from an Order of the Family Court, Suffolk County, which…
In support proceeding, Family Court erred in awarding attorney fees where Father was not given an opportunity to challenge the appropriateness or amount requested Matter of Camarda v. Charlot, 2018-13247; Matter of Camarda v. Charlot, 2018-13248 In February 2015, the father filed a petition for a downward modification of his…
Order Dismissing Nonparent Custody Petitions Reversed; Mother’s Boyfriend and Maternal Grandfather Proved Extraordinary Circumstances Sufficient for Standing Moynihan v. Cohen, Cohen v. Moynihan, Krasnoff v. Cohen, 2019-03088 The mother and the father, Alexander Roy Cohen, divorced in 2015 and the mother was awarded sole legal and residential custody of their…
The Governor’s Executive Order shutting non-essential businesses will undoubtedly save many lives, but for those New Yorkers now sheltering at home with an abusive spouse the immediate result is far from safe. Thankfully, help can still be found in the court system. Although the courts have responded to the need…
Unfortunately, even though much of our day-to-day activities are put on hold during a public health crisis, child custody and visitation disputes continue. In fact, they may even be worse. With schools closed and government authorities mandating people to stay at home, many parents are worried about their children. Heightened…
There were no matrimonial or family law case decisions handed down this date in the Second Department.
Family Court properly held consent of incarcerated father was not required for adoption of newborn where he failed to assert his ability and willingness to assume custody Matter of O. (Anonymous), Baby Boy, 2018-14246; Matter of O. (Anonymous), Baby Boy, 2019-02546 The biological father was incarcerated during the birth mother’s…
Modification of custody supported by a sound and substantial basis in the record; Mother granted sole custody where Father’s behavior resulted in fear and anxiety in the children Matter of Solomon v. Fishman, 2018-08743; Matter of Fishman v. Solomon, 2018-08934 The father appealed from an Order of the Family Court…
Effective March 1, 2020, the income cap for child support calculations is $154,000 (previously $148,000), and the cap for maintenance calculations is $192,000 (previously $184,000). In New York, the amount of child support to be paid by the non-custodial parent is determined using a formula set forth in the statute…
