In Barra v. Barra, 214 A.D.3d 1224 (N.Y. App. Div. 2023), the court was asked to settle a child support payment dispute. Part of the evidence submitted was the couple’s divorce decree. Divorce cases and child support proceedings are inherently interconnected, with the former often laying the groundwork for the…
The doctrine of forum non conveniens, a Latin term meaning “forum not convenient,” allows a court to decline jurisdiction over a case if another forum would be more appropriate for the resolution of the dispute. In New York, this doctrine applies to various legal matters, including divorce and child custody…
In divorce cases, the primary purpose of awarding one party to pay another party maintenance is to provide the receiving party temporary financial support to give them time to become self-sufficient. During the support period, the receiving party is expected to finish school or complete other training so that they…
In New York, as part of a divorce and child support settlement, parents can be required to contribute to their children’s educational expenses. The SUNY Cap attempts to limit the required contribution of both parents to the cost of State University of New York (SUNY) tuition. In Pamela T. v.…
A divorce proceeding must be initiated in the state where at least one of the parties is domiciled. Not only must one of the parties be domiciled in the state where the divorce proceeding is initiated, the person must have met the minimum residency requirements. In Weis v. Weis, because…
Fault divorce is granted when one spouse proves that the other spouse did something which resulted in the failure of the marriage. Under New York Domestic Relations Law, grounds for fault-based divorce include: Cruel and inhuman treatment. DRL §170.1 Abandonment for a continuous period of one year or more. DRL §170.2 Imprisonment…
At the time that this case was decided, New York did not recognize same sex marriage. The law changed on June 24, 2011. Before that time, it was common for same sex couples to get married outside of New York in jurisdictions that did recognize same sex marriage. Just like…
In this case the Supreme Court considered whether the terms of a separation agreement prepared by a non-attorney mediator were unconscionable and as a result should be voided. A separation agreement is a document agreed to by a husband and wife in which they agree to the conditions related to…
In Katz v. Katz, the Appellate Division considered whether a father’s obligation to pay child support could be suspended because the mother interfered with his visitation. The general rule is that under New York law a noncustodial parent’s access to a child and his or her obligation to pay child…
T v T In this case, the family court determined that the Respondent violated two temporary Orders for Protection. It was found that the court acted properly in entering an order for protection after these findings. The Petitioner filed an offense petition against the Respondent, She received a temporary Order…