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Category : Divorce Law

Three Recent Domestic Violence Decisions That Every New York Divorce Lawyer Should Have At Their Fingertips


In New York, a petitioner is entitled to a final order of protection where it shown that the respondent committed one or more of the crimes defined in the penal law that are said to constitute a “family offense” within the meaning of the Family Court Act. Unlike a criminal prosecution, where each element of the crime must be proved beyond a reasonable doubt, a petitioner alleging the commission of a family offense to obtain an order... Read more »

New York Appellate Court Rules on Wife’s Entitlement to Marital Residence Purchased by Husband Prior to Marriage


Under New York law, property acquired between the date of marriage and the filing for divorce is generally classified as marital. Property owned by one spouse before the marriage is considered that spouse's separate property. However, there are situations where the lines separating marital from separate property are unclear. Some of the most contentious and challenging situation ... Read more »

Party Who Accepts Benefits of Marital Settlement Agreement Waives Right to Challenge its Validity: Second Department Weighs In


In its December 10, 2014 decision in Sabowitz v. Sabowitz, the Appellate Division, Second Department, affirmed the granting of summary judgment dismissing the husband’s challenge to the validity of the parties’ stipulation in which they settled their divorce action. That award had been made below by Supreme Court, Kings County Justice Eric I. Prus. Read more »

Second Department Appellate Division: If you Need to Take an Appeal, Submit an Adequate Appellate Record or You Will Lose


Matrimonial trials are devastatingly expensive.  Appeals, when necessary, add even more insult to that financial injury.  Yet, if things do not go your way at trial, you may have no choice other than to seek appellate review. At that juncture, there is (for obvious reasons) a desire on the part of many litigants to proceed as cost-effectively as possible.  Having already spent tens of thousands of dollars (and, in many instances, hundreds... Read more »

CSSA Child Support “Income Cap” Increased as of January 31, 2014


Child Support
As of January 31, 2014, the combined parental income used for purposes of calculating the presumptive amount of child support amount under New York’s Child Support Standards Act (CSSA) increased from $136,000 to $141,000. This increase was automatically triggered by a provision of New York’s Social Services Law, which requires an increase in the “income cap” when there is a change in the Consumer Price Index. The... Read more »

Court Imposes Ultimate New York Child Support Enforcement Remedy: Prison


NY Domestic Violence
A New York parent who fails to pay his or her child support obligations faces a long list of potential penalties, including forfeiture of their driver's license and passport.  In truly egregious cases, courts can sentence non-compliant child support obligors to jail.  This is precisely what happened to the obligor-father in the case Longman vs. Longman. Last week, the Appellate Division for the Second Department upheld a trial court... Read more »

Domestic Violence Expert Takes Stand on Behalf of Woman Accused of Murder in New Zealand


This week, Jessica Keefe, a New Zealand woman who is on trial for murdering Sean Verma, is presenting testimony by a domestic violence expert about Ms. Keefe's state of mind at the time of the alleged stabbing. Earlier in the trial, the prosecutor described the relationship between Ms. Keefe and Mr. Verma as having been violent. Typically, domestic violence experts testify about the characteristics of a battering relationship... Read more »

Never Send Confidential Information to Your Divorce Lawyer from Your Employer-Provided Email Account


There are few things more important for an effective relationship between a client and their divorce attorney than their ability to communicate with each other in absolute confidence. This is known as attorney client privilege. The doctrine of attorney client privilege is so important that it is codified in New York Law. Specifically, Section 450 ... Read more »