Monthly Archives: July 2007

Family History Predictive of Children’s Divorce

The Family Law Professor Blog and Forbes.com report on an Australian study published in the Journal of Marriage and Family that shows that children of divorced parents “had twice the risk of going through a divorce themselves.” The study found that family history was more predictive of divorce than genetics. The research did not completely…
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Court Imputes Income to Calculate Child Support

This is a common scenario - you are seeking a court order for child support, but the non-custodial parent is claiming an annual income far less than you suspect he/she actually earns. One way to prove that a party’s actual income is higher than his/her reported income is to illustrate how his/her reported lifestyle could…
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New York Domestic Violence Victims May Terminate Residential Leases

In order to permit a victim of domestic violence to relocate to a safe location unknown to his/her abuser, a new law has been enacted in New York to permit a person who has obtained an order of protection to also obtain an order permitting him/her to terminate his/her residential apartment lease. This new law…
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Settlement Agreement Ambiguities Result in More Litigation

The Appellate Division in Walker v. Walker provides us with yet another lesson on the importance of carefully drafting martial agreements. In Walker, the parties, in an oral stipulation of settlement, agreed to divide a 75 acre property. The stipulation specifically provided that defendant "would be entitled to one-half or 37½; acres off the westerly…
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After Divorce, A Coffin for Your Wedding Ring?

Just when I thought I had seen it all, I received an email “introducing the Wedding Ring Coffin . . . the perfect divorce gift for those who are seeking a light-hearted ritual of closure at the end of their marriage” You read correctly, a $30 coffin, complete with “brass handles” and a “black velvet…
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