In the middle of preparing for a complicated custody trial, I was contacted by Smart Money to discuss the divorce considerations of Jon and Kate. (I may have been the only person in America not to know who they are – fortunately, my wife filled me in.) The article, in which I am extensively quoted,...
Child SupportDivorcePost Divorce IssuesProperty DivisionSpousal MaintenanceMaintenance and Child Support Payments to First Spouse Are Not Recoverable By Second Wife in Divorce
May 11, 2009
The Court of Appeals, New York’s highest court announced in a pair of cases that marital funds which were used to pay the separate obligations of one of the parties during the marriage could not be recouped in the divorce. This is a far reaching decision because, for instance, a second wife cannot now recover...
Child SupportConstructive Emancipation: The Breakdown of a Relationship Between Parent and Child and the Termination of Child Support
February 17, 2009
Within the last month, the Appellate Division, Second Department, has decided several interesting family law cases. One, in particular, directly answers a question I am frequently asked, which, in some form, goes like this: My son refuses to visit me; do I have to pay child support for him? The answer, as supplied by the...
On appeal, a court ruled that a husband can be deemed the legal parent of a child born to his wife, where the child was conceived as a result of artificial insemination during the marriage, but where the husband’s consent to the artificial insemination was not obtained in writing. Domestic Relations Law § 73 provides...
In this day and age in which parties obtain an order regarding child support in one state and then move to another jurisdiction, it is important to know that the original support order cannot be modified or even extended by a court in the second state, so said the New York Court of Appeals in...
Child CustodyChild SupportJustice Delayed, Justice Denied
December 12, 2007
The New York Times today reported how in the Bronx Family Court, Elevator Woes Slow Justice. The eye opening article details how, because of broken elevators, litigants wait in line for hours to get an elevator to a court room resulting in missed court dates or, even worse, dismissed cases. The Family Court is...
The International Family Law Blog reports that new provisions have been drafted by the delegates to the Hague convention to assist in the collection of child support internationally. According to a press release: A new Convention…designed to respond to the needs of children and other dependents by providing international procedures which are simple, swift, cost-effective,...
Question– I had custody of my daughters from birth until they were 12 and 13. I voluntarily let them live with their father. Father didn’t pay any child support until 2002 when I applied for it, and he was only ordered to pay $25 a month. Now the father is seeking support from me. Will...
Child SupportPassports To Be Denied to Parents in Child Support Arrears
September 18, 2007
If you want or need a new passport to travel abroad, you had better be current on your child support. The State Department will now deny a passport to any non-custodial parent owing $2,500 or more in court-ordered child support. As Janet Langjahr points out, the new passport rules while implemented as a matter of...
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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