Public policy generally mandates free access to the courts. But a child custody/ visitation litigant may be deemed to forfeit that right if he or she abuses the judicial process by engaging in meritless litigation motivated by spite or ill will. In those cases,...
Month: March 2016
The Internet’s Challenge To The Divorcing Spouse And Legal Counsel
The digital age has exponentially increased the divorce lawyer's capacity (and obligation) to gather factual evidence. We now have social media websites, and various other forms of computer-related research information at our fingertips. Credit...
The importance of a timely divorce
When a New York couple with young children decides to get a divorce, they often take their time in doing so. The intent is to separate while creating as little stress as possible for the kids. However, prolonging a divorce process may actually impact the kids harder...
Private School Tuition in Agreement = Child Support In Judgment
Once again Justice Matt Cooper has been affirmed. In Brown v. Condzal (First Department March 29, 2016) the Appellate Division held that the obligation contained in a settlement agreement incorporated into a divorce judgment to pay private school tuition...
Abuse Of Discretion Cited As Reason To Vacate Contempt Adjudication
Experienced divorce lawyers are all too familiar with the tribal and " Hatfields and McCoys" nature of child custody cases. The Appellate Division First Department decision in Gottlieb v, Gottlieb (March 24, 2016 ) adds a Shakespearian measure of mercy to a very...
Father’s rights and divorce
When a New York father receives a legal notice regarding child support or visitation, he is advised to take it seriously. In the event that he does not know what to do or what the notice means, he is advised to seek out legal counsel. In addition, it is always better...
Antenuptial Agreement Blocks Temporary Spousal Maintenance
All New York divorce lawyers, like should take note of today's (March 22, 2016) Anonymous v. Anonymous decision in the Appellate Division First Department, which puts another nail in the coffin of those divorce litigants who seek to...
Advantages of a detailed parenting plan
One of the most difficult aspects of a divorce between New York parents who have young children may be working out arrangements for child custody. The process of putting together a parenting plan might ease some of that difficulty. At the very least, having a detailed...
Sherri Shepherd ordered to pay child support
New York residents who may be considering conceiving a child through a surrogate may be interested to learn that actress Sherri Shepherd lost her court appeal to stop paying child support on March 2. The actress and her then husband agreed to conceive the child...
A financial planner can be helpful in a high-asset divorce
New York residents who are considering a divorce may want to start by paying a visit to a financial planner. This can make a difference in the types of decisions made in the settlement. People who have not participated in handling the family finances might be in...