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Wife Files for Distribution of Marital Property Eight Years After Divorce

This case is being heard in the New York Supreme Court located in Westchester County. The plaintiff in the case is E.A. and the defendant is R.A.

Case Background

A New York Family Lawyer said the material and relevant facts of this case are undisputed. The couple was married on the 12th of April, 1985, in Danbury, Connecticut. The couple has one child together, Maxine Audet who is 19 years old and currently attending college. The husband has remained a resident of the state of Connecticut since the time of the marriage.

In the year 1997, the wife left the marital home located in Brookfield, Connecticut and moved to New York with their child.

On the 20th of December, 2000, the husband filed a summons and complaint in the Superior Court in the State of Connecticut seeking dissolution of the marriage and joint legal custody of their child as well as equitable distribution of the marital estate and assets. A New York Custody Lawyer said the wife filed an appearance with the court in February of 2001. Both parties signed and filed a Case Management Agreement that states that the divorce was uncontested and the couple agreed on all of the issues in the matter.

The wife filed a financial affidavit and listed her assets including a residence located on Huntsville Road in Katonah, New York as well as two cars. The husband filed a financial affidavit and listed his assets as a residence located on Long Meadow Road in Brookfield, Connecticut, interest in a business held with a partner, personal property that consisted of tools, a life insurance policy, bank accounts, and a pension and retirement account. A Bronx Family Lawyer said the wife has conceded that she transferred her interest in the marital residence to the husband before the divorce action took place in Connecticut.

The couple was granted a divorce on the 15th of May, 2002 in the Superior Court of the State of Connecticut. The divorce decree ordered that each party would maintain the marital property as indicated in their Financial Affidavits. Joint custody of their child was ordered, with the wife being the primary caregiver and the husband given liberal visitation. The husband was to pay child support in the amount of $400 a week as well as the medical insurance for the child. No alimony was awarded to either party. A Bronx Custody Lawyer said when the child turned 18, the husband stopped paying child support.

In April of 2010, eight years after the divorce order, the wife filed a summons and complaint seeking equitable distribution of the marital property and child support for their 19 year old daughter.

Case Discussion and Determination

The wife is seeking a judgment based on New York laws. However, the divorce decree was made in the state of Connecticut. At the time of the divorce both parties agreed with the stipulations and the matter was considered settled. The wife is now seeking to gain more child support as well as equitable assets of the marital estate.

The divorce took place eight years ago and the wife agreed to the terms of the divorce at the time. For this reason, the court is dismissing the complaint made by the plaintiff entirely. The defendant is seeking an award for his attorney’s fees in regard to this matter. The application for this award is denied as well.

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