December 6, 2023   A court cannot reform an agreement to conform to what it thinks is proper, if the parties have not assented to such a reformation. A plenary action is necessary to reform a stipulation.   In Anderson v Anderson, --- N.Y.S.3d ----, 2023 WL 8246131, 2023 N.Y. Slip Op. 06108 (2d Dept.,2023) in July 2002, the plaintiff commenced this action for divorce. On February 1, 2005, the parties entered into an oral stipulation of settlement in open court, which provided, inter alia, that the defendant was presently receiving disability benefits under his pension plan, b ..read more

  The New York Matrimonial Trial Handbook is a “how to” book. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action and custody case. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination and cross-examination of the parties and expert witnesses at trial. It is available in hardcover, as well as Kindle and electronic editions. It is also available from&n ..read more

 December 14, 2022 Pendente lite child support award will not be disturbed absent exigent circumstances or failure to consider appropriate factors. In Murray v Rashid, --- N.Y.S.3d ----, 2022 WL 17490799, 2022 N.Y. Slip Op. 07001 (First Dept., 2022) the Appellate Division declined to disturb the pendente lite child support  award where the husband had not shown that there were exigent circumstances necessitating a different award, nor that Supreme Court failed to consider the appropriate factors when it determined the award, which was derived from the parties’ imputed incomes. Ev ..read more

 November 24, 2021 Family Court could exercise subject matter jurisdiction in this family offense proceeding notwithstanding that the offenses occurred out of state In Matter of Phillip D.S. --- N.Y.S.3d ----, 2021 WL 5364714, 2021 N.Y. Slip Op. 06460 (1st Dept.,2021) the Appellate Division held that Family Court could exercise subject matter jurisdiction in this family offense proceeding notwithstanding that the offenses occurred out of state (see Opportune N. v. Clarence N., 110 A.D.3d 430, 430–431, 972 N.Y.S.2d 245 [1st Dept. 2013]; Matter of Jose M. v. Angel V., 99 A.D.3d 243, 246, 9 ..read more

 September 16, 2021     Appellate Division, First Department   Disposition of prior petition to terminate mother parental rights which was favorable to the biological mother, did not preclude the findings of extraordinary circumstances in later kinship guardianship proceeding.             In Matter of Guardianship of Nicolas Jude B.,  195 A.D.3d 402, 150 N.Y.S.3d 58 (1st Dept.,2021) ,in 2008, the biological mother was found to have neglected the child. The child was subsequently placed in the care of the foster mo ..read more

  Appellate Division, Second Department     Party claiming an investment account was actively managed has the burden of proof with respect to the claim.  Expenses of leisure, extracurricular and enrichment activities are encompassed within the basic child support award. A court can order a parent to pay these expenses over and above basic child support, but it is a deviation from the basic statutory formula and requires an analysis under the factors set forth in Domestic Relations Law § 240(1–b)(f).             In Sinno ..read more

 May 16, 2021 Appellate Division, Second Department Supreme Court had authority to modify child support under DRL § 236[B][9][b][2][i] upon showing substantial change in circumstances despite provision of agreement restricting modifications of child support In Park v Park, --- N.Y.S.3d ----, 2021 WL 1653674, 2021 N.Y. Slip Op. 02536 (2d Dept., 2021) the parties were married in June 2000, and had two children, born in 2002 and 2008. On November 14, 2014, the parties entered into a stipulation of settlement in which they agreed to share joint legal custody of the children, with the plaint ..read more

Recent Legislation Laws of 2021, Ch 56 Laws of 2021, Ch 56, Part L § 4 to § 14 amended the Family Court Act as follows.      § 4.  Family Court Act Section 353.7 was added      § 5.  Family Court Act Section 355.5 was amended by adding a new     subdivision 10.     § 6. Family Court Act Section 756-a was amended by adding a new subdivision (h).     § 7. Family Court Act section 756-b was added      § 8. Family Court Act section 1017, subdivision 5 opening paragraph was designated paragraph (a) and a new parag ..read more

 Appellate Division, Second Department Where husband who placed spyware on wife’s computer invoked Fifth Amendment, and intentionally destroyed evidence as to what the spyware actually intercepted, appropriate sanction was to strike the causes of action in the complaint relating to the financial issues other than child support In C. C. v. A. R., --- N.Y.S.3d ----, 2021 WL 800051, 2021 N.Y. Slip Op. 01243 (2d Dept.,2021) the plaintiff installed spyware on the wife’s phone, invoked Fifth Amendment protections on the issue, and intentionally destroyed evidence as to what the spyware actually ..read more

  March 1, 2021 Child Support Standards Chart Released The Child Support Standards Chart (PDF) was released on March 1, 2021. It may be downloaded at https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf The 2021 poverty income guidelines amount for a single person as reported by the United States Department of Health and Human Services is $12,880 and the 2021 self-support reserve is $17,388. The combined parental income amount remains at $154,000. Appellate Division, First Department Support Magistrate properly imputed income to the father based on cash and in-kind support provide ..read more