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New York Family Law Blog

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Court denied partition and breach of contract claims, emphasizing prior divorce settlement resolved property disputes. Cruz v. Cruz, 213 A.D.3d 805 (N.Y. App. Div. 2023)

This case involved a dispute over a marital residence following a divorce settlement. The plaintiff sought summary judgment to partition and sell the property and to recover damages for breach of contract. The Supreme Court, Kings County, denied the plaintiff’s motion, and the plaintiff appealed. The appellate court affirmed the…

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Appellate Division required further evidence to justify imputed incomes and recalculated child support. Pilkington v. Pilkington, 185 A.D.3d 844 (N.Y. App. Div. 2020)

In this case, the appellate court reviewed the child support determination made by the Supreme Court, Nassau County. The trial court’s judgment imputed income to both parties and set child support obligations accordingly. On appeal, both parties challenged the trial court’s findings regarding imputed income and the resulting child support…

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Court determined that the defendant’s family business interests were marital property and subject to equitable distribution. Ferrante v. Ferrante, 128 N.Y.S.3d 590 (N.Y. App. Div. 2020)

In divorce proceedings, dividing business interests can present unique challenges, particularly when family businesses are involved. In this case, the Supreme Court of Suffolk County addressed the equitable distribution of the defendant’s interests in two family businesses. Background Facts The parties were married in 1993, and the plaintiff filed for…

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Court changed child’s permanency goal from reunification with mother to adoption due to safety concerns. Westchester Cnty. Dep’t of Soc. Servs. v. Shay S. P. (In re Peter T.), 173 A.D.3d 1043, (N.Y. App. Div. 2019),

Family Court decisions can significantly impact families, particularly when they involve decisions about a child’s future care. A permanency goal in New York refers to a plan established during family court proceedings to determine the long-term living arrangement for a child in foster care. Goals can include reunification with parents,…

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Wife contested the termination of spousal support that had been awarded as part of a separation agreement. King v. King, 2022 N.Y. Slip Op. 1209 (N.Y. Sup. Ct. 2022)

In this case the court had to determine how to distribute marital property and whether to order spousal support. A complicating factor was that although the couple had been married for over 30 years, during most of that time they were separated. Background Facts The couple in this case were…

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Father’s abandonment of child resulted in being denied custody. Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021

In Nicole L. v. David M., 195 A.D.3d 1058 (N.Y. App. Div. 2021, a case of guardianship of a child after the mother’s passing, the Family Court of Columbia County faced a complex situation involving multiple petitions from interested parties. The court’s decision hinged on determining the best interests of…

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Maternal grandmother found to have neglected children under Family Court Act. In re Jonah B., 85 N.Y.S.3d 597, (N.Y. App. Div. 2018)

This case involved proceedings under Family Court Act Article 10 to determine whether the maternal grandmother of three children, Talia, Jonah, and Adele, was legally responsible for their care and whether she neglected them. In April 2014, the Administration for Children’s Services (ACS) initiated proceedings against the parents and the maternal…

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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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