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Articles Posted in Divorce

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Custodial Interference Can Be the Basis for Suspending the Obligation to Pay Child Support – Katz v. Katz, 2008 NY Slip Op 7873 (N.Y. App. Div. 2008)

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…

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Court Rules on Violation of Temporary Orders for Protection

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…

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Appellate Court is Reluctant to Disturb the Ruling of the Family Court

W v. W 2018 NY Slip Op 05956 August 29, 2018 Order The defendant appeals from a Supreme Court judgment, where the plaintiff was awarded the maintenance sum of $2,000 per month. The plaintiff also received $100,333.33 representing 1/3 value in the defendant’s business. The court didn’t award the defendant…

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Pillai v Pillai

  2017 NY Slip Op 06470 September 13, 2017 Decision The plaintiff appeals an order from the Suffolk County Supreme Court. The order denied a portion of the plaintiff’s motion which addressed the matter of attorney’s fees, and granted the portion of the motion which ordered the sale of the…

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Scheriff v Scheriff

NY Slip Op 05760 July 19, 2017 Decision The defendant appealed two supreme court orders from 7/31/15. One order denied the defendant’s motion which requested a set off against the plaintiff’s share of their home equal to the unpaid amount of her share of the plaintiff’s pension. The second order…

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Cassarino v Cassarino

2017 NY Slip Op 02623 April 5, 2017 Decision The plaintiff appeals a decision from the Duchess City Supreme Court. The plaintiff filed a motion to hold the other party in civil contempt (for violating part of the separation agreement), which was made part of the order for divorce dated…

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Court Rules on a Sister State Divorce Judgment

This case involves the enforcement of a sister-state divorce judgment, with respect to arrears in alimony and support payments, pursuant to the ‘Uniform Enforcement of Foreign Judgments Act’ (article 54 of the CPLR) brought before the Supreme Court, Special Term. Sometime in Junuary 1973, the plaintiff-wife commenced an action for…

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Genzone  v Genzone

2017 NY Slip 00148 January 11, 2017 Order Plaintiff appeals from a Supreme Court order, that granted those parts of the defendant’s motion (CPLR 5015 (a)(1) and 3012 (d) which upon the defendant’s default granted the plaintiff’s motion under CPLR 3124 and 3126. An inquest was ordered to examine equitable…

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Ralis v Ralis

NY Slip Op 00205 January 11, 2017 Decision This case is an appeal by the defendant regrading parts of a divorce judgment. In the decision the court ordered an equitable distribution of marital assets and awarded the defendant maintenance. The plaintiff owned three properties before marriage, but changed to marital…

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