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Samuelson, Hause & Samuelson, LLP

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Blog 2014 February Successful Financial Defense of the Monied Spouse at Trial
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Successful Financial Defense of the Monied Spouse at Trial

Posted By Samuelson, Hause & Samuelson, LLP || 13-Feb-2014

In a divorce action, Attorney Alisa Geffner represented a husband, who is an emergency room doctor, where maintenance, child support and equitable distribution were contested by the wife, who is a housewife. The parties were married for over 20 years, had two children, one of whom was under age 21 and was attending a private college at the time of the trial.

At the trial held in June of 2013, the wife sought a lifetime maintenance award, an order directing the husband to pay private college expenses for their child; the ability to stay in the marital residence for 9 years post-divorce; a contribution from the husband towards the debt she incurred during the pendency of the divorce proceeding; and an award of counsel and expert fees against the husband.

Ms. Geffner was successful in securing a decision and order after trial denying the wife's request for lifetime maintenance and granting her maintenance that was $66,000 per year or approximately 57% less than the amount she requested. The wife's request for an order directing the husband to pay the child's private college education expenses was denied, and instead the court imposed a SUNY cap on the husband's obligation since Ms. Geffner showed that the wife refused to consult with the husband on the child's college selection and that the husband was unable to afford a private college.

The court denied the wife's request to remain in the marital residence for 9 years post-divorce, and instead ordered its immediate sale. The wife's request that the husband contribute to her post-commencement debt was denied. The court denied the wife's request for expert fees based on a showing that such expert testimony was unnecessary and duplicative. Finally, Ms. Geffner secured the husband a credit of one-half of the funds that the wife removed from the home equity line of credit against the marital residence while the divorce action was pending.Contact Samuelson, Hause & Samuelson, LLP at (516) 584-4685 if you are in need of a Long Island divorce attorney.

Categories: College Expenses, Divorce, Firm News, Spousal Maintenance

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Call us today. (516) 584-4685

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