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New York Family Law Blog

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Court required plaintiff to pay 100% of specific marital debts, denying requested credits. Bari v. Bari, 161 N.Y.S.3d 97 (N.Y. App. Div. 2021)

This case involved a dispute over the allocation of marital debt during divorce proceedings. The Supreme Court, Nassau County, addressed the plaintiff’s responsibility for specific debts and denied his requests for credits on certain payments. The plaintiff appealed, challenging these decisions. The appellate court reviewed the case and made modifications…

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Grandparent seeks custody in an interstate case. Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023)

The case of Peggy RR. v. Jenell RR. 2023 N.Y. Slip Op. 23252 (N.Y. Fam. Ct. 2023) is a complex child custody case. Not only does it involve a grandparent seeking access to her grandchild, it also has interstate elements. The Interstate Compact on the Placement of Children (ICPC) is…

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Appellate Division ordered a hearing to resolve custody disputes and parental access modifications. Trazzera v. Trazzera, 158 N.Y.S.3d 158 (N.Y. App. Div. 2021)

In custody disputes, courts prioritize the child’s best interests, considering circumstances that may necessitate modifications to prior agreements. This case addresses a post-divorce dispute where both parents sought modifications to their custody and parental access arrangements. The Supreme Court initially ruled without a hearing, but the appellate court reversed and…

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Appellate Division upheld equitable distribution awarding defendant one-third value of marital jewelry business. Kamm v. Kamm, 120 N.Y.S.3d 815 (N.Y. App. Div. 2020)

The equitable distribution of marital property and the award of maintenance are central issues in many divorce cases. A case from the Supreme Court, Nassau County, involving a long-term marriage and disputes over the division of a jewelry business and the awarding of maintenance, provides a clear illustration of these…

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Court addressed restrictions on communication and social media in divorce. Kassenoff v. Kassenoff, 213 A.D.3d 822 (N.Y. App. Div. 2023)

Divorce proceedings often involve disputes that extend beyond financial and custodial issues, sometimes requiring courts to address matters like communication and speech. In a case decided by the Supreme Court of Westchester County, the court reviewed restrictions on the defendant’s communication with employees of the plaintiff’s employer and on both…

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Was father entitled to a credit for all excess payments? Merritt v. Merritt 188 A.D.3d 886 (N.Y. App. Div. 2020)

In New York, when a parent has overpaid child support, they may be entitled to a credit for excess payments. This credit applies to future child support obligations. The process usually requires a formal court order or a judge’s decision confirming the overpayment and approving the credit. This situation often…

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Corporal punishment and allegations of neglect. Admin. for Children’s Servs. v. Ketly M. (In re Alven V. ), 143 N.Y.S.3d 577 (N.Y. App. Div. 2021)

In Admin. for Children’s Servs. v. Ketly M, the Family Court of Kings County addressed allegations of child neglect against a stepmother. The case raised questions about the use of corporal punishment and its legal limits. The court found that the stepmother had neglected one child through excessive corporal punishment…

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Mother’s permanency hearing appealed dismissed as moot. Westchester Cnty. Dep’t of Soc. Servs. v. Antoinette W. (In re Malazah W.), 121 N.Y.S.3d 677 (N.Y. App. Div. 2020)

Permanency hearings are critical in child welfare cases, ensuring that children placed in the care of social services have stable and appropriate long-term plans. In Matter of Malazah W. and Malikah W., the Family Court addressed the permanency goal for two children removed from their mother’s care due to neglect.…

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Court vacated family offense and protection orders after default. Gastaldi v. Gastaldi, 2015 N.Y. Slip Op. 882 (N.Y. App. Div. 2015)

A New York family offense order of protection is a legal directive issued by the Family Court to safeguard individuals from abuse or harassment by a family member or someone with a close relationship. It is available in cases involving allegations of domestic violence or family offenses such as assault,…

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Father’s abuse of one child led to derivative neglect findings. In re Joshua J.P. (Anonymous). Admin. for Children’s Servs., 2015 N.Y. Slip Op. 3538 (N.Y. App. Div. 2015)

In a case addressing allegations of sexual abuse and derivative neglect, the Family Court, Richmond County, issued an order that found Alquiber R., Sr., responsible for sexually abusing his stepson, Joshua P., and derivatively neglecting his two biological children, Luis P. and Alquiber R. The decision underscores the court’s role…

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