December 28

Kris Humphries Seeks Annulment – Why Not Divorce?

Kris Humphries Seeks Annulment – Why Not Divorce?

In response to the divorce petition filed by Kim Kardashian, on December 1, 2011, the lawyer for Kris Humphries filed his response and included a request for a declaration of “nullity of marriage” or what is commonly known as an annulment. Humphries’ filing, in the Superior Court of California, claims that Kim Kardashian fraudulently induced him to marry her. Many people have asked:

What is the legal difference between a divorce and an annulment; and
Why would Humphries seek an annulment as opposed to simply seeking a divorce.

December 16

Kobe Bryant and Vanessa Bryant File For Divorce and Joint Custody – No Details on Child Support Yet

Kobe Bryant and Vanessa Bryant File For Divorce and Joint Custody – No Details on Child Support Yet

Today it was announced that NBA Star Kobe Bryant of the Los Angeles Lakers and his wife, Vanessa Bryant are divorcing. The couple married in 2001 and have two daughters – Natalia (8 years old) and Gianna (5 years old). Ms. Bryant’s divorce petition, claiming “irreconcilable differences” was filed in Orange County, California and seeks joint legal custody, joint physical custody of the children and spousal support (what is often known as alimony). Currently, there has been no information released regarding child support for the children.

In New York, simply because the parents share joint physical and legal custody of the children DOES NOT mean that child support is not available. In the case of Bast v. Rossoff, the New York Court of Appeals determined that a joint physical and legal custody arrangement does not preclude an order of child support.

December 9

Terrell Owens Admits He Is Paid to Tweet – Court Can Impute This Income

Terrell Owens Admits He Is Paid to Tweet – Court Can Impute This Income

Former NFL Star Terrell Owens has recently claimed that he has no income but has also made statements that he is paid by private companies to tweet advertisements on their behalf. This raises the question of what custodial parent can do in a child support proceeding when a non-custodial parent claims or offers evidence of an inability to pay support or a greatly reduced income.

New York’s Domestic Relations Law §240 and Family Court Act 413 address this issue. These statutes enable the court to impute income to the non-custodial parent and include that income when reaching a final decision on the case.

November 18

Mechanisms for Enforcing Payment of Child Support in New York

Mechanisms for Enforcing Payment of Child Support in New York

New York’s Domestic Relations Law (DRL) and the Family Court Act provide a number of remedies to enforce support obligations.

Garnishee (also known as Income Execution / Income Deduction Order) – A process by which payments for current and/or overdue support are deducted from a noncustodial parent’s wages or other income by the noncustodial parent’s employer or income payor. Additionally, a noncustodial parent’s pension can be levied.

Entry of Judgment – A money judgment will be awarded when a court finds that the noncustodial parent is in support arrears, regardless of whether the failure to pay support is willful or non-willful. A money judgment also acts as a lien against any interest in personal property or real property (such as a house) in the county in which it was filed

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