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Author Archives: Sara Stout Ashcraft

Matrimonial Matters: Fourth Department rejects child support offsets

In a recent Decision, the Fourth Department Appellate Division addressed an issue that has been lurking around child support calculations for many years. Livingston Co. Support Collection Unit o/b/o Yusko v. Sansocie, 180 CAF 21-01261 (4th Dept., 2022). That is, ...

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Matrimonial Matters: A look at several recent family law updates

After things going fairly slow in family legal matters due to the effects of the pandemic, there are several things happening in family law and the courts this spring, including: Child Support Calculations The biennial update of the calculations used ...

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Matrimonial Matters: Basics reiterated in recent family law cases

Two recent family law cases that came before New York’s Second Department Appellate Division point out that attorneys and courts sometimes need to be prompted to follow what has long been the law in this state. Modification of Custody: Silla ...

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Matrimonial Matters: Adoption revocation must follow applicable law

The Fourth Department Appellate Division addressed an issue that arose in an adoption matter in the Onondaga Family Court.  In Re Tony S.H., Jr. [CAF 20-00300].  The question before the Appellate Court involved Social Services Law §383-c, relating to “guardianship ...

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Custody in the time of COVID

Justice Matthew F. Cooper of the New York County Supreme Court issued a decision on October 7 addressing the issue of a parent’s COVID-19 vaccination status in an ongoing divorce case. (C.B. v. D.B, NY Cty. Supreme Ct., 2021).  Although ...

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Matrimonial Matters: Credit card debt presents sticky situations in divorces

Those of us who practice matrimonial law are always dealing with debt. The required Statement of Net Worth has a section devoted for every kind of debt there is, including “chattel mortgages.” However, today the biggest debt people have — ...

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Matrimonial Matters: Review of recent 4th Department Family Law Decisions

In March and April of this year, the Fourth Department considered several family law appeals. While family law practitioners know the applicable provisions under the law, it is sometimes useful to consider how these provisions can be applied in particular ...

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Matrimonial Matters: Military academy entry as emancipation event?

New York law states that “either or both parents” are obligated to pay child support “for care, maintenance and education of any unemancipated child under the age of twenty-one years.” FCA §413. Note that the obligation only extends to an ...

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Matrimonial Matters: The Law is the Law

In two Family Court appeals, the Fourth Department looked to the law to hold against the appellants. Both decisions were entered Feb. 11 and reiterate that while — particularly in Family Court — litigants and attorneys may believe that their ...

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Matrimonial Matters: Divorce and death a complicated combination

Under New York law, a divorce action abates upon the death of a party. Over the years, both the courts and litigants have struggled to find some wiggle room around the edges. The case most commonly cited when trying to ...

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