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Author Archives: Sara Stout Ashcraft

The eternal divorce case | Matrimonial Matters

Every lawyer who practices matrimonial law has had a case (and maybe several) in which it seems that they are living a Kafkaesque novel. However, there is a case in New York County Supreme Court that is remarkable. That case ...

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Matrimonial Matters: Pet custody now in NY law

The award of companion animals in a divorce has been an issue for several years. In 2015, the New York Senate and General Assembly passed a law addressing this subject, but the measure did not get to the governor’s desk ...

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Separation agreement promises and matrimonial law

A recent decision out of Surrogate’s Court directly relates to the petitioners’ parents’ Separation Agreement.  (Matter of Estate of Richard N. Panella, Oneida Cty Surrogate’s Court File No. 2017, September 21, 2022).  While the case addresses a Will contest, matrimonial ...

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Matrimonial Matters: Common-law marriage and wrongful death claims

New York has not permitted common-law marriages for almost 100 years. Only eight states currently provide for some form of common-law marriage, and some of these states only under certain conditions. Texas is one of the states which currently permits ...

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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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