Rochester Family Lawyer

Recent Posts from Rochester Family Lawyer

• Non-Titled Spouse, Enhanced Earnings and Substantial Contribution

  I have previously written about several issues related to distribution of enhanced earnings during the equitable distribution portion of the divorce action here, here, here and here.  One of the critical issues facing a divorce…

• Child Support and High Income Non-Custodial Parent

  I have previously written about various child support issues, here, here, here and here.  While the number of issues is substantial, one situation that comes up periodically, is the one where the non-residential parent earns…

• Enforcement of Child Support Arrears and Chapter 13 Bankruptcy

  Support Magistrate determined that respondent willfully failed to pay $7,814.90 in child support arrears, and referred matter to Family Court for confirmation. Respondent’s commencement of Chapter 13 bankruptcy stays all actions and proceedings to collect…

• Divorce, Equitable Distribution and Wasteful Dissipation

  “Wasteful dissipation” (i.e., DRL 236 (B)(5)(d)(11), hereinafter referred to as “Factor 11”) is a term of art that has never been defined with any real precision, however. It can apparently consist of gambling and poor…

• Division of Pension, Personal Injury Compensation and Separate Property

  The court effectively delegates to a pension plan administrator the obligation to apportion a disability pension plan between the separate property component of compensation for injury and the marital property portion related to deferred compensation…

• Joint Bank Accounts and Creation of Marital Property

  One issue that often comes up in divorce cases has to do with transformation of separate property into marital property.  This situation was dealt with by the Appellate Division, Fourth Department, in Bailey v. Bailey, 48…

• Upcoming Changes to New York’s Child Support Statute

  New York’s child support statute has been long criticized for its its $80,000.00 cap on the basic economic child support.  The critics have argued that since the statute was enacted approximately 20 years ago, the…

• Modification of Visitation Based On the Age of the Child

  It is no uncommon to see vistation arrangements involving very young child.  While family lawyers can plan for many different situations, not everything can be planned for or predicted.  What happens to such arrangements when…

• Domestic Relations Law §255, Settlement Agreements and Judgments of Divorce

  On October 9, 2009, Domestic Relations Law §255 will become effective.  DRL §255 is a replacement of DRL §177 which required: 1. Prior to accepting and entering as a judgment any stipulated agreement between the parties in…

• Divorce Actions and New Automatic Stay Orders

  Since the enactment of Domestic Relations Law §236(B), often referred to as  the “Equitable Distribution Law,” divorce lawyers have had to deal with transfers of, or encumbrances on, marital property which might frustrate the eventual…