Overpayment of Child Support and Right of Recoupment
Periodically, I am asked about situations where an overpayment of child support has taken place. Most of the time in those situations, I, as a lawyer, have to deliver to the client the unpleasant news...
View ArticlePayments on Pre-Marital Debt and Right of Recoupment – Update
I have previously written about the case of Mahoney-Buntzman v. Mahoney, 51 A.D.3d 732 (2nd Dept. 2008), which stood for the proposition that that marital property used to pay one spouse’s obligations...
View ArticleOverpayment of Pendente Lite Maintenance and Equitable Distribution
I have previously written that the Supreme Court has wide latitude in fashioning pendente lite (interim) maintenance awards while the divorce action is pending. But what happens if the trial court...
View ArticleCredit for Payments Made to Satisfy the Other Spouse’s Legal Obligations
It is common for parties to make payments on their debts while their divorce action is pending. Generally, each party is responsible for their own debts incurred after commencement of the divorce...
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