New York Divorce Report - New York's Divorce and Family Law Blog

A finding of emancipation terminates the parental obligation to pay child support. For this reason, the issue is oft litigated. The typical divorce settlement agreement provides that child support will terminate on the happening of an “emancipation event” which is defined by parties’ settlement agreement, but generally includes the child’s death, marriage or entry into the military. Many agreements also provide that a child should be deemed emancipated if the child enters the workforce on a full time employment. However, the Appellate Division, First Department ruled last week that a child’s full time employment alone does not constitute an emancipation... More

In any litigation, in which the court must render an order or judgment, there is a winner and there is a loser. Sometimes, the court will even telegraph its decision, in advance, in order to facilitate a settlement discussion. Most clients, when informed of an adverse decision (or even the potential for one), will, as a knee jerk reaction invariably say, “Let’s Appeal!” or “If the judge does that, we will appeal.” Without even addressing the fact that not every decision is appealable, the odds are that an appeal will NOT be successful. To the contrary, most appeals are... More