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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Two months ago, Queens County Family Court Judge John M. Hunt issued a decision that merits attention from lawyers as well as court personnel. The case is Maliha A. v. Onu M. [2018 Slip Op 28188, June 19, 2018]. The ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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The First Department Appellate Division issued a Decision on June 5 that deals with the issue of which party is entitled to their frozen embryo in a divorce. Finkelstein v. Finkelstein, 5820N 309125/13. The Finkelsteins were married in Israel in ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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The Court of Appeals 2009 decision in Mahoney-Buntzman v. Buntzman (12 NY3d 415) has greatly affected how separate/martial property and debt claims are viewed in divorce. While this decision has alleviated matrimonial practitioners of some tedious tracing labors, exactly how ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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Balletine’s Law Dictionary says that equitable estoppel applies “in a situation in where, because of something which he has done or omitted to do, a party is denied the right to plead or prove an otherwise important fact.” In family ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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Ruling in an estate dispute, the Second Department Appellate Division addressed an unanswered question from a Court of Appeals decision regarding prenuptial agreements. Matter of Koegel, (2018 NY Slip Op 00833). In Galetta v. Galetta, the Court of Appeals ruled ...
Tagged with: Matrimonial Matters Sara Stout Ashcraft
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