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News about Divorce Law in New York State
Recent Cases Affecting New York Divorce Law
Case not supporting the actions of an Attorney for the Child
September 26, 2014
A case where the attorney for the child was wrong in including in her summation things that were not in the record.
To the extent that the Family Court relied on the detailed accounts provided by the attorney for the child concerning her conversations with the child, it is inappropriate for an attorney for the child to present “ ‘reports containing facts which are not part of the record’ ” (Cervera v. Bressler, 50 A.D.3d 837, 841, 855 N.Y.S.2d 658, quoting Weiglhofer v. Weiglhofer, 1 A.D.3d 786, 788 n. 1, 766 N.Y.S.2d 727; see 22 NYCRR 7.2[b] ).
Lisa Beth Older is a highly-skilled and high-profile Divorce and Child Custody Lawyer in New York
How can I afford a divorce when my husband or wife is wealthier than me?
April 3, 2014
DOMESTIC RELATIONS LAW 237 ALLOWS FOR A REBUTTABLE PRESUMPTION THAT THE LESS MONIED SPOUSE SHOULD ASK THE COURT FOR COUNSEL FEES AND COUNSEL FEES SHOULD BE GRANTED UNLESS JUT CASE IS FOUND AGAINST IT.
Lisa Beth Older, Esq. a high profile New York divorce lawyer, offers information to nonmonied or lesser-monied spouses undergoing a divorce case in court in New York,
Counsel fees and expenses.
This new amended Domestic Relations Law in New York is important to know about and utilize if you are a spouse who is afraid to go to court and ask for relief for spousal support and child support and distribution of property rightfully theirs because they feel there is an uneven parity and uneven playing field because their spouse can out -spend them in court.
This amendment occurred in 2010 and provides the court with expanded discretion to award counsel fees to the less monied spouse.
Support during a New York divorce.
The amendment to DRL also provides for temporary spousal support as the case ensues.
Also as to custody claims in a New York Divorce, New York Divorce Attorney Lisa Beth Older says that you are entitled to a lawyer even if you cannot afford one, but this is only as to that aspect of the divorce case in New York where you are seeking custody or defending against a custody claim from your spouse.
FAILURE TO PAY CHILD SUPPORT IN NEW YORK HAS DRASTIC CONSEQUENCES
April 27, 2013
This case was decided by the New York Supreme Court Appellate Division First Department on April 11, 2013.
This case shows how important it is for all parties charged with child support to pay their court ordered obligation.
The full Decision is recited below.
In re April G., Petitioner-Respondent, v Duane M., Respondent-Appellant.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about May 16, 2012, which affirmed the Support Magistrate's finding of willfulness, and sentenced respondent-appellant father to incarceration for a period not to exceed four months with a purge amount set at $5,000.00, unanimously affirmed, without costs.
Although the father has paid the purge amount and completed his sentence, this appeal "is not academic, in light of the enduring consequences which might flow from the finding that he violated the order of support" (Matter of Saintime v Saint Surin, 40 AD3d 1103, 1104 [2d Dept 2007]).
The father, however, failed to rebut the prima facie evidence of his willful violation of the order of support (see Family Ct Act § 454[a]). Indeed, the father failed to present credible evidence that his medical condition renders him unable to provide support for the subject child, or that he is financially unable to pay (compare Matter of Ferrara v Ferrara, 52 AD3d 599, 600 [2d Dept 2008], lv denied 11 NY3d 706 , with Matter of John T. v Olethea P., 64 AD3d 484, 485 [1st Dept 2009]).
To the extent the father argues that the court failed to settle the record on appeal, he has failed to show that evidence exists to remedy the deficiencies in his proof.
THIS CONSTITUTES THE DECISION AND ORDER
ENTERED: APRIL 11, 2013
Attorney Fees in a Divorce Case
December 3, 2012
New York Divorce Lawyer Lisa Beth Older states that in the below New York Divorce case decided on November 28, 2012 the Supreme Court Appellate Division upheld an appeal from an award of attorney fees to the Wife in the amount of $168,000.00. In part, the Court upheld the award because the Father appealed from an Order which was superseded by Money Judgments, and he never appealed from the money judgments. The Court also held that the Father waived his right to argue against paying his spouse's attorney fees because he failed to ask for a hearing. The Decision as to attorney fees in a divorce case is set forth below.
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT