MaCormack v. MaCormack

 on September 3rd, 2012

Appellate Court reversed lower court’s refusal to enter judgment for child support arrears. Once spouse entered into evidence at post-judgment hearing the child support order with undisputed testimony of non-payment, trial court was obligated to enter judgment for child support arrears.

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Viola v. Viola

 on September 3rd, 2012

Husband appealed pendente lite award directing him to pay spousal maintenance, child support, and service charges on the marital residence. The Second Department affirmed the award, reasoning that pendente lite awards are to consider the pre-separation standard of living and are not a final determination of the parties’ rights and obligations. The court also held that generally pendente lite awards are not appealable and the best way to correct an excessive award is with a speedy trial.

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Jayne Bayer v. Steven A. Bayer

 on January 18th, 2011

One of the rare instances in which the Appellate Division, First Department, affirmed a substantial award of lifetime maintenance. This was a 25-year marriage in which the wife discontinued her career as a special education teacher to raise the parties’ two children and enable the husband, an anaesthesiologist, to development three medical practices. The parties lived a lavish lifestyle expending over 1.6 million annually on personal expenses. Wife’s expert opined her career opportunities were very limited due to the number of years she was out of the job market, and she could not earn anywhere near the amount required to maintain the pre-commencement lifestyle. Wife also received one-half of the value of husband’s medical practices, which were capitalized and valued as of the commencement date, as well as one-half the pre-commencement enhancement value of husband’s medical license, which was determined to be separate property. Court also upheld substantial award of counsel fees to wife.

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