Rapaport Law Firm, PLLC
A New York Divorce Attorney's Thoughts on NY Matrimonial and Family Law
Marc Rapaport has 19 years of experience handling New York family law matters. Marc is the founder and principal of Rapaport Law Firm PLLC, a matrimonial law firm in Manhattan's Empire State Building. We hope that this blog provides you with an informative discussion of New York family law. If you are looking for a divorce lawyer in New York City, call for a free telephone consultation: ph (212) 382-1600.
CONTACT US
 
212.382.1600

Name
Email*
Phone
Type the code shown (code is not case sensitive)*
Comments
*We will never share your email address with anyone, ever.
 
Entries RSS
SEARCH THIS BLOG
 

   Search
 
Enter Your Email
 

 
RECENT POSTS
 
 
CATEGORIES
 
 
ARCHIVES
 
 
LEGAL RESOURCES AND INFORMATION
 
 
CONTACT US
BlogCatalog Blog Directory


Blog Directory

Law Image
February 05, 2013

TOUGH LUCK REDUX: DECISION BY SECOND DEPARTMENT OVERTURNS TRIAL COURT AND REJECTS DOWNWARD MODIFICATION FOR FATHER WHO LOST HIS BUSINESS


Posted by Marc Rapaport

Although 2013 has barely begun, there are clear signs that this will not be a good year for New York fathers trying to lower their child support obligations.   Last week, I discussed a recent decision issued by New York's Fourth Department that rejected a father's request for downward modification of child support based on his loss of employment.  The Fourth Department upheld the trial court's determination that reduction of support was unwarranted because the father was responsible for his loss of employment and there was insufficient evidence of the father's efforts to find a new job.



Continue Reading Post»



Divorce Agreement
January 25, 2013

WHAT CONSTITUTES A “RESOLUTION” OF ECONOMIC ISSUES UNDER THE NEW YORK NO FAULT DIVORCE STATUTE?


Posted by Marc Rapaport

New York's no fault divorce statute, D.R.L. Section 170(7), provides that either the husband or wife may obtain a judgment dissolving the marriage by alleging that the marital relationship "has broken down irretrievably for a period of six months."  No trial regarding the existence of an irretrievable breakdown is required. A sworn statement by the plaintiff, in the form of a verified complaint, is the sole evidentiary requirement to establish the existence of a marital breakdown. Courts will not permit the other spouse (Defendant) to challenge the existence of an irretrievable breakdown.  


Continue Reading Post»



Court
January 21, 2013

TOUGH LUCK! NEW YORK COURT RULES THAT LOSS OF JOB IS NOT GROUNDS FOR REDUCTION OF CHILD SUPPORT OR MAINTENANCE


Posted by Marc Rapaport

New York State's Fourth Department recently sent a stern message to those who are unemployed: "Don't expect relief from your support obligations if you were terminated due to your own misconduct." 



Continue Reading Post»



Court
June 21, 2012

NEW YORK APPELLATE COURT RULES THAT LOSS OF JOB DOES NOT WARRANT DOWNWARD MODIFICATION OF CHILD SUPPORT WHERE OBLIGOR-FATHER FAILED ESTABLISH DILIGENT JOB SEARCH


Posted by Marc Rapaport

In light of today's difficult economic climate, New York's Family and Supreme Courts are adjudicating an unusually high volume of downward modification petitions filed by obligor-parents who have suffered the loss of employment or reduction in income.  Many noncustodial parents mistakenly assume that their loss of employment automatically justifies a downward modification of their child support obligations.  In fact, the loss of a job, standing alone, is not sufficient.  A downward modification may only be granted where the obligor shows that he or she has diligently sought reemployment commensurate with his or her earning capacity. 



Continue Reading Post»


Irreconcilable Differences
January 26, 2012

NO FAULT DIVORCE IN NEW YORK: WHEN IS A MARRIAGE IRRETRIEVABLY BROKEN?


Posted by Marc Rapaport

            Yesterday, the New York Law Journal  reported that the Supreme Court in Suffolk County recently concluded the first grounds trial in New York in which a defendant-spouse challenged a plaintiff's claim that the marital relationship was "irretrievably broken."  The fact that a trial as to the existence of irreconcilable differences occurred at all has, itself, engendered considerable controversy among New York divorce lawyers.  After all, the passage of a no fault basis for divorce by the New York legislature was specifically intended to avoid the type of lengthy and costly court proceedings that previously occurred when a spouse claimed that the party seeking divorce had not established sufficient "fault."  Such proceedings were widely viewed as anachronistic and embarrassing, and it was widely anticipated by divorce attorneys that the passage of no fault divorce would usher in a modern era, in which the sole emphasis by litigants and the courts would be upon financial issues (such as equitable distribution, maintenance, etc.) that arise in connection with the dissolution of a marital relationship. 



Continue Reading Post»


New York Divorce
January 09, 2012

NEW YORK'S NO FAULT DIVORCE LAW DOES NOT REDUCE THE COURT TO A RUBBER STAMP: OPPOSING A DIVORCE IN NEW YORK


Posted by Marc Rapaport

On October 12, 2010, with much media fanfare, the legislature added a "no-fault" ground to New York State's divorce statute, Domestic Relations Law § 170. That section allows parties to seek a judgment of divorce when "the relationship between the husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath" (Domestic Relations Law § 170[7] ). The statute also provides that "no judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts" fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into this judgment of divorce" (id.). 



Continue Reading Post»


New York Divorce
December 13, 2011

END-OF-THE-YEAR DIVORCE CHECKLIST PUBLISHED BY FORBES.COM
PART 1: GATHER AND COPY FINANCIAL RECORDS BEFORE YOU START A DIVORCE CASE


Posted by Marc Rapaport

            Today, the financial website, Forbes.com, published a year-end "End-of-the-Year Divorce Checklist for Women."   The bulk of the items on the divorce checklist are matters of basic commonsense, and are equally applicable to both men and women who are facing the prospect of divorce.   During the next week, I will be addressing each item contained on the Forbes list, with insights based on my experience as a divorce lawyer who has been in the trenches of New York courts for 18 years. This article is the first installment of my New York divorce checklist series.  The information and advice contained in these articles involves an overriding mandate: you must begin the process of basing your actions on strategy, rather than uncontrolled emotion, before you start your divorce case. 



Continue Reading Post»


Court
December 02, 2011

REFLECTIONS OF A NEW YORK DIVORCE LAWYER OF TRENDS AFFECTING DIVORCE AND FAMILY LAW IN 2011


Posted by Marc Rapaport

            As a New York divorce lawyer, an important part of my job involves identifying the economic and social trends that affect divorcing couples.  In this article, I will try to summarize some of the most significant trends and factors currently affecting New York divorce cases.



Continue Reading Post»


« PreviousNext »
RAPAPORT LAW FIRM, PLLC.
One Pennsylvania Plaza, Suite 2430, New York, New York 10119
Phone 212.382.1600/Fax 212.382.0920/info@rapaportlaw.com
MARC RAPAPORT IS A NEW YORK DIVORCE ATTORNEY WITH MORE THAN 18 YEARS OF EXPERIENCE. HE IS A CONTRIBUTOR TO NEW YORK MAGAZINE'S "ASK THE EXPERTS" COLUMN, AND HE REGULARLY APPEARS IN THE LOCAL AND NATIONAL MEDIA REGARDING NY DIVORCE AND FAMILY LAW. IF YOU ARE FACING DIVORCE, IT IS ESSENTIAL THAT YOU RETAIN AN EXPERIENCED NY DIVORCE LAWYER. FOR AN APPOINTMENT, CALL THE RAPAPORT LAW FIRM TODAY: (212) 382-1600 or EMAIL MR. RAPAPORT.
©2004-2011, Rapaport Law Firm, PLLC. All rights reserved.