In Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022), a father appealed an order regarding child support and spousal support payments. The court’s decision, entered on March 6, 2020, addressed objections raised by both parties regarding previous orders issued by a Support Magistrate. Background Facts In…
In Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020, the Appellate Division consider a case where a husband challenges having to pay his spouse support. In New York, the Family Court determines spousal support during divorce proceedings by carefully considering various factors related to the financial circumstances of…
Abatement is the act of reducing or nullifying something. There are several different types of abatement. For example, when it comes to a testamentary gift, abatement refers to the reduction in the value of a specific bequest due to insufficient funds in the estate to fulfill all bequests proportionately. In…
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…
2018 NY Slip Op 01076 2/14/18 This is an appeal from Westchester County Supreme Court. The order that is under appeal deals with branches of the defendant’s motion which addresses stipulations between the parties from a settlement back in 1997. According to the stipulation, the plaintiff was to receive…
NY Slip Op 05702 July 19, 2017 Decision The defendant appeals a judgment from Suffolk County Supreme Court. The original judgment provided the defendant maintenance of $2,500 per month until she reaches 66 years of age. The marital assets were equitably distributed and the defendant receive counsel fees of $5,000.…
2017 NY Slip Op 05807 July 26, 2017 Facts The parties were married and have two children, who are now emancipated. Over the course of the marriage, the plaintiff was a housewife and the primary caregiver to the children. The defendant owned a restaurant in New York City. The…
2017 Slip Op. 01705 Decision This is an appeal for parts of the judgment of divorce from Nassau County Superior Court. The decision failed to award maintenance fees to the plaintiff, but did award the plaintiff’s counsel the amount of $87,000. This court affirms that judgment. The appellant and appellee…
The defendant was charged by an information sworn to by the complainant with a violation of Section 242, subd. 3 of the Penal Law, in other words, with a second degree assault. Upon arraignment, he was represented by counsel, namely the office of the Public Defender of the County of…
This appeal presents an opportunity for this Court to clarify the procedure for enforcing a judgment against an award of maintenance. This procedure differs from those applicable to other types of collection efforts because it harmonizes the judgment creditor’s right to reach these funds with the public policy of…