Custody battles often unfold in emotionally charged environments, but New York courts are not swayed by accusations alone. When one parent seeks to upend a longstanding custodial arrangement, they must present compelling evidence that a material change in circumstances has occurred and that transferring custody serves the child’s best interests.…
New York Divorce Lawyer Blog
New York Court Discusses Child Imputed Income in the Context of Child Support
When parents seek intervention from the courts regarding child support, the courts must determine not only what a parent earns on paper, but also what that parent could earn based on qualifications, past experience, and realistic employment potential. A recent decision from a New York court highlights how courts approach…
New York Court Discusses Demonstrating Fraud in Divorce Actions
Allegations of fraud in post-divorce disputes can raise high-stakes questions about fairness, financial rights, and the enforceability of settlement agreements. However, while dissatisfaction with the terms of a divorce may lead one party to challenge a signed agreement, New York law sets a demanding legal standard for setting aside such…
New York Court Discusses Grounds for Granting Sole Custody
When parents cannot agree on custody arrangements during a divorce, New York courts are tasked with making decisions that serve the child’s best interests, often against a backdrop of heightened emotions and complex family dynamics. A recent decision from a New York court illustrates how courts evaluate caregiving history, parental…
New York Court Examines Maintenance Awards in Divorce Actions
Divorces involving long-term marriages and significant financial entanglements often spark contentious disputes over spousal maintenance and the classification of assets. These cases can raise complex questions about what is fair and sustainable when one spouse has built a lifestyle around economic dependence and domestic contributions. A recent decision issued in…
New York Court Discusses Equitable Distribution and Financial Credits
In high-net-worth New York divorces, disputes over spousal maintenance, child support, and the division of valuable real estate often hinge on how courts weigh factors such as earning capacity, parenting roles, and lifestyle needs. Complications can arise, however, when one party challenges the fairness of a property award or seeks…
New York Court Discusses Appropriate Forums for Divorce Actions
In New York’s family law courts, jurisdictional challenges in matrimonial actions often turn on where the parties and children reside, and whether any parallel litigation is pending in a foreign forum. But complications can arise when one spouse seeks dismissal of a New York divorce on the grounds that another…
New York Court Discusses Interpretation of Child Support Agreements
In New York’s family courts, child support enforcement is a serious matter, particularly when one parent repeatedly fails to comply with their obligations. But what happens when the amount owed depends not only on payment history, but also on how a settlement agreement is punctuated? A recent decision from a…
New York Court Upholds Stipulation of Settlement Terms in Divorce Case
In New York family law matters, stipulations of settlement incorporated into divorce judgments are treated with the same force and effect as contracts. The courts typically uphold these agreements unless a party can demonstrate ambiguity, fraud, or a substantial change in circumstances. A recent decision issued in a New York…
New York Court Upholds Enforcement of Support Violation Judgment
In New York’s family court, missing a single procedural step can mean the difference between having your voice heard and having your objections dismissed outright. This is especially true in child and spousal support matters, where orders for payment are legally binding and strictly enforced. When a party fails to…