Yorke v. Yorke, 83 A.D.3d 951, 922 N.Y.S.2d 115 (2nd Dept.,2011); Kent v. Kent, 29 A.D.3d 123, 810 N.Y.S.2d 160 (1st Dep’t 2006).

In Greisman v. Greisman, 98 A.D.3d 1079, 951 N.Y.S.2d 219 (2nd Dep’t ,2012), the Appellate Division echoed settled law that custody of children is a key factor in retention of the marital residence: “[T]he Supreme Court did not improvidently exercise its discretion in awarding the defendant wife exclusive occupancy of the marital residence until the […]

Lamassa v. Lamassa, 965 N.Y.S.2d 195, 198 (2nd Dept.,2013): “When child support has been ordered for more than one child, the emancipation of the oldest child does not automatically reduce the amount of support owed under an order of support for multiple children.” The party seeking a downward modification of an unallocated order of child […]

Solovay v. Solovay 94 A.D.3d 898, 941 N.Y.S.2d 712 (2nd Dept.,2012), echoed settled law that courts may not impose joint custody where the relationship of the parents is such that they are unable to set aside their differences and animosity for the benefit of the children: “[J]oint custody is encouraged primarily as a voluntary alternative […]

In Greisman v. Greisman, 98 A.D.3d 1079, 951 N.Y.S.2d 219 (2nd Dept.,2012), the Appellate Division echoed settled law that custody of children is a key factor in retention of the marital residence: “[T]he Supreme Court did not improvidently exercise its discretion in awarding the defendant wife exclusive occupancy of the marital residence until the parties’ […]

Parties often communicate with their lawyers on the family computer, the one that other family members use to access email, surf the internet, etc. Where access to the computer is not password protected for each user, communications with counsel are fatal to the attorney-client privilege because caselaw holds that there is no expectation of privacy […]

The determination of child support, a matter public policy, requires that a party’s depiction of his or her financial situation (earnings and the ability to earn income) is strictly governed. Unsubstantiated descriptions are ill received by the courts. It is well settled law that, in determining a parent’s child support obligation, a court need not […]

Davidman v. Davidman, 97 A.D.3d 627, 948 N.Y.S.2d 639 (2nd Dept.,2012): The Domestic Relations Law protects separate property from distribution during a divorce – nor may a court order its sale. However, separate property may become subject to distribution if the asset was either commingled or transmuted into marital property, such as, when the owner […]

A rental apartment subject to rent control constitutes neither marital nor separate property and, even though it may have been the former marital residence, it is not property distributable (Cudar v. Cudar 946 N.Y.S.2d 630 (2nd Dept.,2012)).

Before a parent who has lost his/her job seeks a decrease in the child support obligation, that parent must demonstarte that he/she diligently sought re-employment commensurate with his/her earning capacity — even if the parent is receiving public assistance (Martin v. Cooper 96 A.D.3d 849, 947 N.Y.S.2d 526 (2nd Dept.,2012)).