Blog Posts in 2012 Posted By Elliot Samuelson 28-Aug-2012 Getting a Reduction in Support Payments Based Upon "Extreme Hardship" A recent case reported in the New York Law Journal on Monday, August 27th, sheds some light on when a court would be willing to reduce and/or eliminate support payments for a spouse. An upstate judge in Rochester, New York, after criticizing the ... Continue Reading Posted By Elliot Samuelson 2-Aug-2012 Self Help Should Not Be Used in Child Relocation Cases A recent decision reached by the Appellate Division First Department in Koegler v. Woodward __A.D. 3 rd ___, highlights the danger in using self help to relocate a child to a distant state. Here, the mother was an educated and successful business ... Continue Reading Posted By Elliot Samuelson 1-Aug-2012 Calendar Delays in Divorce Courts The time it takes to prosecute a contested matrimonial case in the New York Metropolitan area, has reached unacceptable delays. For example, motions for temporary support which would include maintenance (alimony), child support, exclusive occupancy ... Continue Reading Posted By Elliot Samuelson 24-Jul-2012 Courts Act to Put Teeth in Child Support Laws For many persons who have filed to obtain child support in the courts, they know that it is very difficult to obtain a fair award if the parent from who support is being requested attempts to hide his or her income. Moreover, when an award is made, ... Continue Reading Posted By Elliot Samuelson 17-Jul-2012 No Fault Divorce Does Not Require a Trial in New York Since New York became the last state in the United States to pass a no fault ground for divorce, a question was raised by some lawyers and courts as to whether a trial was necessary to determine whether the marriage was irretrievably broken, as ... Continue Reading