Update on Second Department Case Impacting Degrees, Enhances Earnings Capacity Awards in New York Divorces by New York Divorce Attorney Lisa Beth Older
Lately, Courts in divorce actions in New York have started to reduce awards that have to do with enhanced earnings made from a non-titled spouse’s interest in a titled spouse’s degree, license or education from 50% share to 25%, especially if your New York Divorce Action is pending in the Second Department of New York […]
New York Divorce Lawyer Lisa Beth Older comments on a Court holding that the Death of a spouse does not negate the duly executed Stipulation of the parties entered into during a New York divorce while both parties were alive.
This decision will have serious consequences for relatives of the deceased spouse who will take from the will of the deceased spouse: The Court held as follows in the case of McKibben v Jenkin (41 AD3d 795 [Schmidt, Skelos, Lifson, Covello], lv dismissed 9 NY3d 955): In ac action for divorce the husband and wife had stipulated to […]
Hope for men who are falsely accused of family offenses
Lisa Beth Older, a New York Divorce Lawyer, comments on a Family Offense and Order of Protection case. In the below case decided January 25, 2011 the Appellate Court reversed the Family Court Order in a Family Offense case in New York and held that the facts at the hearing did not establish that the […]
Understanding the Consequences of not having a Retainer Agreement in your New York Matrimonial case
The below referenced case explains to the potential party to a New York divorce what you should expect in executing an agreement between you and your New York divorce lawyer. This case speaks to the fact that in all matrimonial matters the client is entitled to a retainer agreement and a Client Bill of Rights. In […]
Same Sex Parties Married in Vermont May Dissolve their Civil Union in New York
This case law is provided to you by New York Divorce Lawyer Lisa Beth Older. This Appellate Court case states that same sex parties married in Vermont may dissolve their civil Union in New York, at least in the Third Department, and the trend say that the parties may very well have the ability to make application through a […]
Excellent Second Department Cases on Family Law
N.Y.A.D. 2 Dept.,2005.In re Derick Shea D.22 A.D.3d 753, 804 N.Y.S.2d 389, 2005 N.Y. Slip Op. 07959 HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, and ROBERT A. SPOLZINO, JJ. In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as […]
The Court held that the Lower court had a sound and substantial basis for a change in custody
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTDANIEL D. ANGIOLILLO, J.P.THOMAS A. DICKERSONL. PRISCILLA HALLROBERT J. MILLER, JJ. 2010-009302010-080402010-08041(Index No. 2309/02) [*1]Adelaida O’Brien, respondent, v Kevin O’Brien, appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York, N.Y.(Elliott J. Zucker of counsel), for appellant.Mark D. Stern, Goshen, N.Y., for respondent. […]
Lisa Beth wins Custody Case
Appellate Division: Second Judicial Department Argued – June 19, 2009 2009-00143 DECISION & ORDER In the Matter of Alyse Larkin, appellant, v Caleb J. White, respondent. (Docket Nos. V-9582-07, V-9760-07) Lisa Beth Older, New York, N.Y., for appellant. Joan C. Salwen, Scarsdale, N.Y., for respondent. Joseph P. Abbenda, Glen Cove, N.Y., attorney for the child. […]
Termination of Child Support Obligations when a Child Abandons a Parent
New York and Brooklyn Divorce Lawyer Lisa Beth Older comments upon the case which follows, written by the New York Supreme Court, Fourth Department. In the below case, the Supreme Court states in pertinent part that if a child abandons a parent that parent is entitled to a hearing as to whether or not it is appropriate for the New York Court […]
Case of the Fourth Department of the State of New York on Child Abuse
New York Divorce Laywer posts case of the Fourth Department of the State of New York on child abuse SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1070 CAF 10-01876 PRESENT: SCUDDER, P.J., SMITH, CENTRA, GREEN, AND GORSKI, JJ. IN THE MATTER OF CHELSEY B. —————————————— ERIE COUNTY DEPARTMENT OF […]