All Posts By

PetroskeLaw

FEBRUARY 16, 2022 DECISIONS

By | Caselaw Update

Matter of Sylvester v. Goffe, 2020-07276 The parties have one child together, who was born in 2015.  Pursuant to an order, the father was directed, among other things, to pay $100 weekly in basic child support.  In August 2019, the mother filed a petition, alleging that the father was in…

Read More

FEBRUARY 9, 2022 DECISIONS

By | Caselaw Update

Matter of LaPeta v. Restivo, 2021-03206 Here, the parties share one child.  In November 2020, the father petitioned to modify the parties’ parental access arrangement, as set forth in a January 7, 2020 order entered on consent.  Under the January 2020 order, the parties were awarded joint legal custody, with…

Read More

FEBRUARY 2, 2022 DECISIONS

By | Caselaw Update

Matter of V. (Anonymous) v. E. (Anonymous), 2021-02954 In June 2020, the petitioner commenced this proceeding for a declaration that he is the father of the subject child and an order for genetic testing.  Following a determination that the mother married her husband in April 2017, the Support Magistrate denied…

Read More

JANUARY 26, 2022 DECISIONS

By | Caselaw Update

Keren v. Keren, 2019-03124 In an action for a divorce and ancillary relief, the defendant appealed from an amended judgment of divorce which, upon a decision of the lower court dated August 22, 2018, following a trial, awarded the plaintiff 50% of the defendant’s interest in Manhattan Bridge Car Wash…

Read More

JANUARY 19, 2022 DECISIONS

By | Caselaw Update

Hepheastou v. Spaliaras, 2020-08062 The parties were married in May 2013 and have two children.  In June 2016, the plaintiff commenced this action for a divorce and ancillary relief shortly after she moved from the marital residence with the parties’ first child, while she was pregnant, and began residing with…

Read More

JANUARY 12, 2022 DECISIONS

By | Caselaw Update

Matter of Marinho v. Apolinario, 2020-06854 The parties were married and have four children together.  During their marriage, they lived in New Jersey.  The parties entered into a Property Settlement and Separation Agreement (‘the agreement’) in New Jersey, providing that the father was the party of “primary residential custody” and…

Read More

April 29, 2020 Decisions

By | Caselaw Update

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…

Read More

April 9, 2020 Decisions

By | Caselaw Update

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…

Read More

April 2, 2020 Decisions

By | Caselaw Update

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…

Read More