News

Husband Seeks to Do Over Divorce Settlement, Alleging That He Is a Victim of Madoff's Fraudulent Actions

Divorce agreements, when signed, are contracts that, as a general rule, cannot be changed. The principle of law behind the finality of contracts is that if a Stipulation of Settlement or an agreement was easily changeable, there would never be any finality to divorce settlements.

In the case that is before the highest court in the state, the Court of Appeals in Albany, New York, a lawyer who signed a Stipulation of Settlement is seeking to have the agreement changed.
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Split Court Approves Relocation of Child of Divorce to California, Suggests Father Should Relocate As Well

Alaire K.G. v. Anthony P.G. | May 31, 2011, Appellate Division, First Department

The mother was granted legal and physical custody of the child in the Stipulation of Settlement. The Stipulation allowed the Mother’s relocation within 25 miles of the father’s house in the Bronx. The father had a history of irregular employment and was currently not employed.

The parties were divorced in 2006. In 2008, the mother met her future husband, Mr. Bonnar, who was retired from the Air Force. Mr. Bonnar eventually found employment in California. The mother approached the father regarding a move to California, to live with Mr. Bonnar. The father did not consent to the mother’s relocation, and the mother refused to sign over custody of the child to the father.
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Educational Degrees Earned During the Marriage Qualify as Marital Property Subject to Equitable Distribution

Huffman v. Huffman | May 10, 2011, Appellate Division, Second Department

The Appellate Division once again holds that the value of an educational degree constitutes enhanced earning capacity to the holder thereof. Thus, in Huffman v. Huffman, where the husband obtained an MBA degree during the marriage, which would result in the husband earning more money over his lifespan, the wife was awarded a 30% interest in the husband’s MBA degree.
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Court Directs Wife to Apply for Social Security Benefits

Qamrul (Cam) Rahman v. Sultana | May 10, 2011, Appellate Division, Second Department

The wife applied to the court for a maintenance award and was granted a modest maintenance award for a period of only three years and also directed her to apply for Social Security income benefits.

The Appellate Division sustained the lower court, holding that the maintenance award was not a condition of receiving maintenance and affirmed that the trial court had the authority to direct her to file for Social Security benefits.
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