September 2

Ex-Husband Incarcerated for Failure to Maintain Life Insurance

Ex-Husband Incarcerated for Failure to Maintain Life Insurance

Provisions in divorce decrees or settlement agreements mandating that one party maintain a life insurance policy, often to secure payment of child support or spousal maintenance, are very common.   Just like any other provision of a court order, failure to obey can result in a finding of contempt. The plaintiff (and former-wife) in DA v..

August 30

Inadvisable Ways of Dealing With The Stress of Litigation

The parties in family law and matrimonial litigation experience a wide array of emotions with anger and bitterness being two of the most common.  Threats and even physical attacks occur far too frequently.  One of my law school professors often recounts a story from his time as a judge when a litigant in a child.

August 6

Financial Consequences of a Short-Term Marriage

Many people ask about the financial consequences of a divorce of a short-term marriage. There are frequent stories in the news about divorces resulting in enormous property distributions and long-term spousal maintenance (what was once known as alimony) awards but those considering a divorce should realize these awards are generally reserved for longer marriages.

New York’s Domestic Relations Law allows the courts to order (1) equitable distribution of “marital property” and (2) maintenance.

August 2

Factors in Calculating Child Support – Linda Evangelista seeking $46,000 per month

New York’s Family Court Act states that “the parents of a child under the age of twenty-one years are chargeable with the support of such child and . . . shall be required to pay for child support a fair and reasonable sum as the court may determine.” The statute explains that the amount of support shall be calculated generally based upon a percentage of the combined parental income which leads to the obvious conclusion that a parent with a large income will be chargeable with higher support obligations. As reported lately, Linda Evangelista has petitioned the Manhattan Family Court for child support from Francois-Henri Pinault for their son and undoubtedly, this case will yield a very substantial support order.

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