By newyorklawjournal | New York Law Journal | September 6, 2017
Husband's Failure to Prove Inability to Pay Child Support Constituted Willfulness
By newyorklawjournal | New York Law Journal | September 6, 2017
Claim Untimely Under Savings Statute; Assignment Meant Plaintiff a Different Party
By Timothy M. Tippins | September 6, 2017
Matrimonial Practice columnist Timothy M. Tippins writes: Justice Potter Stewart famously quipped that although he could not define pornography, "I know it when I see it." Bias presents the opposite problem. It can be readily defined but you do not necessarily know it when you see it. Given that custody evaluators are as susceptible to bias as anyone else and because bias can destroy the reliability of their conclusions, it is imperative that lawyers and judges be able to recognize its telltale signs.
By therecorder | The Recorder | September 5, 2017
C.A. 2nd; B276237 The Second Appellate District affirmed a judgment. The court held that two brothers failed to establish that the dependency court erred…
By therecorder | The Recorder | September 5, 2017
C.A. 3rd; C081349 The Third Appellate District affirmed a judgment. In the published portion of its opinion, the court held that a husband was liable…
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Trial court erred in finding that son lacked standing to enforce a provision of his parents' marital settlement agreement that provided for payment of college tuition because the trial court was wrong to raise the issue of standing sua sponte, the son had previously been granted permission to intervene in an action over the same provision and thus, had standing and son had standing as a third-party beneficiary of the agreement. Order vacated.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Trial court correctly held that mother was in contempt of the court's order but erred in not imposing sanctions for mother's repeated, flagrant and ongoing contempt of orders related to child custody because no sanctions for flagrant abuse of court orders was an a abuse of discretion and father could challenge the order as a collateral order. Reversed in part and affirmed in part.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
Where the parents had a history of poor communication, primary physical custody of the child was awarded to mother who had a more flexible schedule.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The trial court erred in holding that wife could negate a recital affirming her knowledge of the parties' marital estate based on her subsequent assertion that she did not know the full extent of the martial assets when she executed a property settlement agreement. The court reversed a trial court order imposing a constructive trust.
By thelegalintelligencer | The Legal Intelligencer | September 1, 2017
The trial court did not err in denying wife's petition seeking to invalidate the parties' property settlement agreement as its properly chose to adhere to its prior rulings and barred wife from seeking to invalidate an agreement she had successfully enforced. The court affirmed a trial court order denying wife relief.
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