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…
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…
In JJ v. TW, 70 Misc. 3d 1225 (N.Y. Sup. Ct. 2021), among other things, the plaintiff requested that the court terminate spousal support. An interesting aspect of New York law when it comes to spousal support modification is that the Family Court Act and the Domestic Relations Law outline…
Common law marriage is a legal concept that recognizes a couple as married without the need for a formal ceremony or marriage license. It typically arises when a couple lives together for a certain period of time and holds themselves out as married, presenting themselves to others as spouses. In…
This case centered on a post-divorce dispute involving modifications to child support and maintenance obligations. The plaintiff appealed orders and judgments that adjusted the defendant’s financial responsibilities, arguing against the decisions rendered by the Supreme Court, Kings County. The appeals revolved around procedural defaults, the emancipation of the parties’ child,…
In AW v PW, 2022 NY Slip Op 51177(U) the court was tasked with determining spousal support and child support amounts pendente lite, amidst a divorce proceeding initiated by the Plaintiff in December 2020. “Pendente lite” is a Latin term meaning “pending the litigation.” Pendente lite spousal and child support…
Under New York law, incarceration is a possible consequence for the willful nonpayment of child support. This punitive measure is considered a last resort and is typically employed when all other enforcement methods have failed to compel compliance with support obligations. The legal framework governing this area is outlined in…
In a recent case before the Family Court of New York County, the court affirmed findings that the respondent father willfully violated a support order dating back to 2010. In New York, a willful violation of child support occurs when a parent fails to comply with a court-ordered child support…
When a divorce occurs in another country, New York courts can address unresolved issues such as property division, child support, and spousal maintenance. Foreign divorce judgments are generally recognized under New York law if they comply with due process and do not violate public policy. However, New York courts can…
This case involved a divorce and related financial matters, including maintenance, child support, and equitable distribution. The Supreme Court, Westchester County, addressed disputes over payments, income allocation, and financial obligations between the parties. Both the plaintiff and the defendant challenged various aspects of the court’s rulings. Background Facts The plaintiff…