Spousal Support

Published on: December 30, 2024

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)

by Stephen Bilkis

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 married in 1977, but separated in 1989. The husband was ordered to pay the wife $550 biweekly support payments. Over time, these support arrangements underwent adjustments. In 2011, the husband initiated divorce proceedings, citing irretrievable breakdown of the marriage as grounds.

Published on: December 17, 2024

Appellate Division upheld equitable distribution awarding defendant one-third value of marital jewelry business. Kamm v. Kamm, 120 N.Y.S.3d 815 (N.Y. App. Div. 2020)

by Stephen Bilkis

The equitable distribution of marital property and the award of maintenance are central issues in many divorce cases. A case from the Supreme Court, Nassau County, involving a long-term marriage and disputes over the division of a jewelry business and the awarding of maintenance, provides a clear illustration of these issues.

Background Facts

The plaintiff and defendant were married in 1984 and had two children who were emancipated by the time of the trial. Early in the marriage, the plaintiff sold the parties’ townhouse and the defendant’s engagement ring to open a jewelry business. This business became the family’s primary source of income. The defendant left her job as a credit investigator to focus on homemaking and raising the children.

Published on: November 27, 2024

Plaintiff requested termination of spousal support and recalculation of child support. JJ v. TW, 70 Misc. 3d 1225 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

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 different conditions under which spousal support can be modified.

Under the FCA section 412, spousal support orders can be modified upon certain events, including:

A written or oral stipulation or agreement between the parties.

Published on: November 19, 2024

ppellate Division upheld child support and maintenance modifications due to procedural default and emancipation. Feldman v. Feldman, 185 A.D.3d 552 (N.Y. App. Div. 2020)

by Stephen Bilkis

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, and the modification of financial obligations.

Procedural default occurs when a party fails to follow legal procedures required in a case, such as appearing in court or filing necessary documents within specified deadlines. In legal matters, this failure can result in significant consequences, including the dismissal of appeals or claims. Courts view procedural default as forfeiting the right to contest certain decisions. To address a procedural default, the party must typically file a motion to vacate the default and provide a valid reason for the failure. Courts often emphasize strict adherence to procedural rules to ensure fairness and efficiency in the judicial process.

Background Facts

Published on: November 13, 2024

Olga P. v. Ioannis Y. 182 A.D.3d 447 (N.Y. App. Div. 2020)

by Stephen Bilkis

Navigating the complexities of family law, especially during a marital dissolution involving custody, support, and family offenses, requires a deep understanding of legal procedures and judicial discretion. In a series of decisions spanning from late 2018 to mid-2019 by various judges and courts in New York County, a marital dispute involving these issues provides a profound illustration of the intricacies of family and supreme court interactions.

Background Facts

On November 27, 2018the Supreme Court of New York County appointed a guardian ad litem for the wife , recognizing her deteriorating mental health which compromised her capacity to engage effectively in her legal defense and proceedings. This appointment was pivotal, given the wife’s previously demonstrated difficulties in managing the discovery process, which led to the necessity of supervised discovery overseen by a Special Referee.

Published on: November 13, 2024

Calculating spousal maintenance. AW v PW 2022 NY Slip Op 51177(U)

by Stephen Bilkis

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 refer to temporary financial support orders issued by a court during the course of divorce or family law proceedings. When determining temporary support in New York, courts consider several factors, including each party’s income and financial resources, the marital standard of living, the needs of the children, and any exceptional expenses. They also review financial affidavits detailing both spouses’ incomes, expenses, assets, and liabilities. The goal is to maintain the status quo and prevent financial hardship for the lower-income spouse and children pending the final resolution of the divorce proceedings.

Background Facts

Published on: October 17, 2024

New York court modified maintenance and equitable distribution from a foreign divorce judgment. Sufia v. Khalique, 189 A.D.3d 1499 (N.Y. App. Div. 2020)

by Stephen Bilkis

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 independently adjudicate ancillary matters not addressed in the foreign judgment. Parties may file actions in New York to resolve these issues, following domestic legal standards such as equitable distribution and child support guidelines.

Sufia v. Khalique, 189 A.D.3d 1499 (N.Y. App. Div. 2020) involved a matrimonial action concerning the equitable distribution of marital property, child support, and maintenance following a divorce granted in Bangladesh. The judgment, rendered by the Supreme Court, Queens County, addressed these issues after a nonjury trial. The defendant appealed the judgment, challenging its provisions.

Background Facts

Published on: October 10, 2024

Court finds that cohabitation is enough to terminate spousal maintenance payments. Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a provision that outlines when maintenance payments can be modified or terminated. The court had to determine whether a former spouse cohabitating with another person, but not remarried, could be grounds for terminating maintenance.

Background Facts

In this case, the husband and wife were in the process of a divorce, with maintenance payments ordered at the outset due to a significant disparity in their incomes. While the divorce proceedings continued, the husband filed a motion to terminate the maintenance payments. He argued that his wife, though not remarried, had entered into a relationship with another man and had engaged in behaviors that were akin to a marriage.

Published on: September 30, 2024

Court imputed income to nonworking mother. Remsen v. Remsen, 2021 N.Y. Slip Op. 5342 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

In a recent case before the Family Court, Westchester County, a mother appealed an order denying her objections to a prior decision that directed the father to pay child support and spousal support. The court’s decision was based on imputing income to the mother.

Imputed income refers to the assignment of income to a parent for the purpose of calculating child support obligations, even if that parent does not currently earn that income. This legal concept is applied when the court believes that a parent has the capacity to earn more income than they are currently earning or reporting.

In child support proceedings, imputed income typically arises when one parent alleges that the other parent is voluntarily unemployed or underemployed to avoid or reduce their child support obligations. The court may impute income to the parent based on their earning capacity rather than their actual income. This ensures that the child’s financial needs are adequately met, regardless of the parent’s employment status or reported income.

Published on: September 2, 2024

Does spousal support obligation survive death? Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020), the Supreme Court, Monroe County, considered whether a spousal support order survived the death of the payee spouse. In other words, the court considered whether during a divorce proceeding, the payor spouse was required to continue to pay support to the estate of their deceased spouse. This is an issue that most people may not think about during the divorce process.

Background Facts

The legal proceedings began with a divorce claim initiated by a wife. However, the wife passed away during the process due to severe health issues while confined to a nursing home. Consequently, the divorce action was converted into a spousal support proceeding under Article 4 of the Family Court Act.