There are a number of pending laws that relate to matrimonial and family law practice. At this writing, only one has become law, the others at some stage toward enactment. Below are pertinent parts of some of these statutes: Establishing ...
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A variety of things happened in 2019 in regard to family law issues. Incarcerated parent/child support Amendment to Domestic Relations Law §§ 240, 236 and Family Court Act §§ 413, 451: In compliance with federal law on child support enforcement, ...
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Those of us who work in family law often see individuals and families in crisis situations. Sometimes they need safety, sometimes financial help, sometimes childcare, sometimes housing — as well as aid in coping with overwhelming circumstances. With the holiday ...
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Among family lawyers there is a saying, “You can’t make your parents pay for your college — unless they are divorced.” For many years, parties in a matrimonial action paid scarce attention to two provisions: paying for health care and ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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The New York Court of Appeals recently took up the question of whether a former spouse’s interest in real property granted to her in the Judgment of Divorce can be attached by a later judgment creditor if the Judgment of ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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The Third Department Appellate Division recently issued a Decision regarding the presumption of legitimacy and DNA testing in regard to a child’s paternity. Mario WW. v. Kristin XX, et al [2019 NY Slip Op. 04798]. (“Et al” being Kristin’s husband.) ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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Matrimonial lawyers constantly deal with clients who say that they don’t know what the child’s activity schedule is — and complain that the other party is to blame for the failure in communication. Our always-connected, multimedia communications comes to the ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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Recently the Fourth Department Appellate Division handed down its position on several issues that occur with some regularity in divorce cases. In Haggerty v. Haggerty [CA 17-0559, Feb. 1, 2019], the issues involved the Attorney for the Child (AFC), child ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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Attorneys working in matrimonial law have to deal with the equitable distribution of various properties, both real and personal. Sometimes working out the distribution is not too involved, but sometimes there can be a hitch in determining which party gets ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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In October the Third Department Appellate Division tackled law versus real life. In Button v. Button (2018 NY Slip Op 07216), the court addressed application of the statutory maintenance guidelines and counsel fee award. The Plaintiff Wife and Defendant Husband ...
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Over the past few years — at least in this part of the state — divorce settlements have more and more often included provisions for the parents to pay for the children’s activities such as music and sports lessons and ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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In its July 25 Decision in O’Reilly-Morshead v. O’Reilly-Morshead [788 CA18-00071], the Fourth Department Appellate Division looked to comity conventions in determining equitable distribution in a divorce. Comity, in its legal sense is: The legal principle that political entities (such ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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