Posts by Neil Cahn
Blanket prohibitions in divorces against spouses disparaging each other are unconstitutional
Last month, Indiana’s second highest court held that it was unconstitutional for a trial judge to order in a divorce case that neither party disparage the other when their child was not present. That decree was a prior restraint prohibited by the First Amendment. The appellate court in Israel v. Israel noted that “The common…
Read MoreOlivia Wilde served onstage with court custody papers: the damage is already done
On April 26th, Olivia Wilde was served with court custody papers while she was on stage, addressing a full audience at CinemaCon, the Las Vegas Convention of The National Association of Theatre Owners. The papers were just the start of custody proceedings involving her two children, Otis and Daisy, with her ex-fiancé and Saturday Night…
Read MoreWhat if We Keep Our Divorce Secret from Our Health Insurance Company?
From divorceny.com What if we don’t tell my health insurance company that we got divorced? Then, both of you, the named insured and his or her former spouse, act at your peril. Consider, the 2021 decision of New York County Supreme Court Justice Louis L. Nock in Alston v. Golfo (2021). Salvatore Golfo was a member of Teamsters Local 272.…
Read MoreAnticipating Future Finances when Agreeing to Support Obligations
From divorceny.com It is not rare, and may be commendable, to resolve child support obligations based upon anticipated future circumstances: an expected job, obtaining a degree or license, etc. However, when doing so, care must be taken to anticipate not meeting those expectations. When is relief available? The issue is complicated if the parties “opt out”…
Read MoreIs Home-Schooling “Attending” School?
From divorceny.com Is a divorce settlement agreement that mandates that the children attend school within a particular school district satisfied by the children being home schooled within that district? Maybe, held the Third Department in its June 17, 2021 decision in Matter of John U. v. Sara U. The parties were the divorced parents of two children (born…
Read MoreTerminating Child Support While Child Away at College
From divorceny.com It is common for child support to continue to be paid while a child is away at college. A child often will return home for perhaps four months of the year. What happens when the student just stays there year round? Often in divorce stipulations of settlement, the parties will define when a child…
Read MoreMaking Mom Make the Kids Visit Dad
From divorceny.com Can a court order a parent to impose discipline on children who voluntarily refuse to engage in court-ordered visitation with the other parent? Yes, said Monroe County Supreme Court Justice Richard A. Dollingerin his September 18, 2020 opinion in Matthew A. v. Jennifer A., enforcing a separation agreement’s schedule. The parents had determined what was in…
Read MoreFather’s Promise to Help Pay for Private College Enforced
From divorceny.com Are verbal promises and statements of intention relating to child support enforceable? It is a basic tenet of family law that to be enforceable, agreements between parents must be in writing and acknowledged before a notary; except, it appears, when they don’t have to be. In Manfrede v. Harris, Nassau County Family Court Support Magistrate…
Read MoreConsidering a Step-Parent’s Income and Assets on Child Support Awards
From divorceny.com Under what circumstances may a step-parent’s income and assets be considered by a court when deciding whether awarding the formula amount of support would be unjust or inappropriate? When may a court deviate from the formula because of a parent’s obligation to support the children of another relationship? These were the issues discussed by…
Read MoreChildren Refuse to See Father; Child Support Suspended
From divorceny.com The parties, who were never married, have two children together, the younger of whom is now 17 years old. The parents have been litigating custody and visitation issues for almost the entire lives of their children. In its December 28, 2016 decision in Matter of Sullivan v. Plotnick, the Appellate Division, Second Department, addressed a…
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