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Recession and Increase in Downward Modifications Petitions

I read New York Times article today that closely parallels my experience over the past few months. As the economy continues to deteriorate and jobs are lost through no fault of the party paying child...

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Downward Modification of Child Support

I have mentioned last week that I have been seeing a significant increase in Family Court and Supreme Court filings seeking downward modification of child support. Most of these filings were brought on...

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Parental Interference With Visitation and Suspension of Child Support

I have previously written that a child support obligation can be suspended or terminated in situations where the court makes a finding that the child has deliberately severed his/her relationship with...

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Recoupment of Maintenance After Successful Appeal

I have previously written about recoupment of pendente lite maintenance in a divorce action after the entry of a final maintenance award. The recent decision by the Court of Appeals in Johnson v....

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Modification of Child Support Orders and Family Court’s Jurisdiction

I frequently see child support petitions in Family Court seeking to modify child support provisions of either judgments of divorce, or stipulations or settlement agreements incorporated in the...

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Making Deals in Divorce and Subsequent Change in Circumstances

I am asked occasionally whether a separation agreement, which was perhaps incorporated in the subsequent judgment of divorce, entered into years ago can be vacated because of subsequent changes in the...

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Constructive Emancipation, Burden of Proof and Contact With the Child By...

I often see cases involving constructive emancipation which typically arise when the child refuses to have contact with the non-custodial parent.  If the contact cannot be reestablished after a period...

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Divorce and Reformation of Settlement Agreement

I have previously written about vacating settlement agreements on the grounds of mutual mistake.  Here is a case where the court actually reformed the parties’ settlement agreement on the grounds of...

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Downward Modification of Child Support, Scope of Job Search and Custody Issues

I have previously written about downward modification of child support in a situation where the payor has lost his job or experienced a significant reduction in his income. Recently, I was personally...

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Interference with Visitation May Result in Change in Custody

In Keefe v. Adams, 85 A.D.3d 1225 (3d Dept. 2011), the Appellate Division, Third Department, had to address issues related to interference with visitation which were raised by the father who brought a...

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Constructive Emancipation and the Child’s Conduct

I have previously written about constructive emancipation issue and also addresses some of the applicable law in another post.  Generally, a child can become emancipated through his actions when the...

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Terminating Spousal Support Provisions After Divorce Due to Change In...

In New York, spousal support, also sometimes referred to as “alimony” or “spousal maintenance” can be granted in a divorce case to either spouse by the court pursuant to Domestic Relations Law §236....

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