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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 »

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 »