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…
In a recent case before the Family Court of Montgomery County, an appeal was made regarding the establishment of paternity for a child born in 2005. The court’s decision, centered on equitable estoppel and the child’s best interests, sparked controversy and led to an appeal by respondent Reymond F. Background…
In a case involving the division of property after a divorce, the defendant appealed an order from the Supreme Court of Queens County, which limited her share of proceeds from the sale of the marital residence to $700,000. The court also denied her request to have the residence recognized as…
In this case, Matter of Angela H. F., the New York Appellate Division, Second Department, addressed issues related to the adoption of a child and the rights of a biological father. The court examined whether the father’s consent was necessary for the adoption to proceed. Although the father sought to…
DeB. v. DeB, 7 A.D.3d 561 (N.Y. App. Div. 2004) involved a dispute between a husband and wife over the paternity of their child. The plaintiff, the husband, appealed a decision by the Supreme Court, Queens County, that denied his request for a paternity test to challenge the presumption that…
In a paternity case, the courts may sometimes be asked to vacate an acknowledgment of paternity when new information comes to light. These cases can have significant consequences, not only for the parents involved but also for the child. Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div.…
Not surprisingly, issues related to property distribution, spousal maintenance, and child support are among the most contested issues during a divorce. Diaz v. Gonzalez, 984 N.Y.S.2d 65 (N.Y. App. Div. 2014) involved a defendant appealing a judgment from the Supreme Court in Queens County regarding maintenance and child support. Background…
In Linda UU. v. Dana VV. 212 A.D.3d 906 (N.Y. App. Div. 2023), the Family Court of Schenectady County dealt with a custody dispute involving a grandmother’s right to custody against the child’s mother. In New York, courts generally uphold the principle that a parent’s right to custody of their children…
In a matrimonial trial that spanned several years, a couple’s divorce action finally came to court after years of separation and failed settlement attempts. C.M.S. v. W.T.S., 37 Misc. 3d 1228 (N.Y. Sup. Ct. 2012) involved significant issues, including determining how to distribute marital property. Background Facts The couple in…
Singh v. Singh, 36 Misc. 3d 1218 (N.Y. Sup. Ct. 2012) involved a divorce action in Queens, New York. The Plaintiff, the wife, initiated the case in 2009, seeking an absolute divorce and additional relief related to financial support, property division, and child custody. One issue that was raised was…