Understanding Contempt for Failure to Pay Child Support in New York

Child support is a critical element in ensuring the well-being of children following a divorce or separation. When a parent fails to comply with court-ordered support obligations, they may face serious legal consequences, including contempt charges. This article explores the standards New York courts use to determine contempt for failure to pay child support and outlines essential steps parents should consider if faced with such allegations.

What is Contempt in Child Support Cases?

Contempt, in the context of child support, occurs when a parent willfully fails to comply with a court-ordered child support obligation. In New York, establishing contempt requires the petitioner (the parent owed child support) to demonstrate that the other parent (the respondent) has intentionally and unjustifiably violated the child support order.

Prima Facie Evidence of Willful Violation

In New York, the initial burden is on the petitioner to prove that the respondent has willfully violated the child support order. Courts consider the failure to pay as prima facie evidence (i.e., evidence sufficient at first glance) of willfulness. As demonstrated in recent cases such as Nestor v. Nestor (2025) and Kaloustian v. Tsvetkov (2025), merely showing that payments were not made as ordered shifts the burden of proof to the respondent to justify non-payment.

The Burden Shifts to the Respondent

Once the petitioner presents evidence of non-payment, the respondent must demonstrate through competent, credible evidence their financial inability to comply. This means the respondent must show detailed documentation proving either unemployment, a substantial change in financial circumstances, or diligent yet unsuccessful efforts to secure adequate employment.

Key Takeaways from Recent Case Law:

1. Nestor v. Nestor – 2025 NY Slip Op 01369 - The Family Court confirmed that the father willfully violated the child support order after he failed to present credible and competent evidence proving financial hardship or inability to meet his support obligations.

2. Kaloustian v. Tsvetkov – 2025 NY Slip Op 01367 - Similarly, the father’s failure to provide proof of reasonable efforts to obtain gainful employment or demonstrate financial hardship resulted in the court finding him in contempt.

What Constitutes Competent, Credible Evidence?

To effectively rebut allegations of contempt for non-payment, respondents should:

• Provide comprehensive financial records, including bank statements, income tax returns, pay stubs, and records of expenses.

• Demonstrate efforts to gain employment or improve financial circumstances, such as evidence of job applications, interviews attended, or efforts to secure training and educational opportunities.

• Clearly document any medical conditions or unforeseen life circumstances impacting their ability to comply with the support order.

Consequences of Being Found in Contempt

If a court finds a parent in contempt for willful non-payment of child support, potential penalties may include:

• Wage garnishment

• Suspension of driver’s or professional licenses

• Seizure of tax refunds

• Additional fines and legal fees

• In extreme cases, imprisonment

Seeking Legal Assistance

Given the complexities surrounding contempt proceedings and the serious consequences involved, parents facing allegations of contempt, or parents owed child support, should seek professional legal assistance. Experienced family law attorneys here at Mindin & Mindin, P.C. can help navigate the legal process, gather necessary evidence, and advocate effectively in court.

Experienced Representation for Your Child Support Matter

Our law firm has substantial experience representing parents on both sides of child support contempt actions in New York courts. If you’re involved in a contempt action related to child support obligations, don't hesitate to reach out for a consultation. We can help clarify your rights, responsibilities, and the best strategies to achieve a fair and just resolution for you and your family.

Contact our office today to schedule your consultation and ensure your rights are protected.

Cryptocurrency and Divorce in New York

Cryptocurrency has rapidly evolved from an obscure investment tool to a mainstream asset class, significantly complicating divorce proceedings in New York. In high-net-worth divorces, digital assets like Bitcoin, Ethereum are increasingly prominent, introducing new challenges for attorneys, forensic experts, and spouses alike. At the Law Offices of Mindin & Mindin, P.C., we specialize in addressing the complexities cryptocurrency brings to marital property division, ensuring transparency and fairness throughout the divorce process.

Why Cryptocurrency Matters in Divorce

Cryptocurrencies present unique challenges during divorce due to their decentralized, anonymous nature and their inherent volatility. Unlike traditional financial assets held at banks or brokerages, cryptocurrency is often stored in digital wallets accessed only through private keys. This makes it particularly difficult for a spouse to ascertain the true extent of marital assets or to prevent hidden funds from slipping through unnoticed.

Due to the volatility of digital currencies, the timing of valuation can drastically impact divorce settlements. Given the rapid fluctuations common to cryptocurrency markets, what might appear fair today can become inequitable in mere weeks or even days.

Detecting Hidden Cryptocurrency Assets

One major challenge divorcing spouses face is identifying undisclosed cryptocurrency holdings. Typical investigative methods, like bank statement reviews or subpoenas, might not immediately reveal cryptocurrency assets. Instead, detailed forensic accounting, blockchain analytics, and digital investigations have become crucial in uncovering hidden crypto assets.

Attorneys at Mindin & Mindin, along with experienced forensic accountants, utilize specialized software tools and investigative techniques to trace cryptocurrency transactions. Subpoenas to popular crypto exchanges like Coinbase, Kraken, and Gemini and thorough analysis of tax returns, bank statements, and personal financial statements can reveal traces of undisclosed crypto assets.

Valuation Challenges in Cryptocurrency Divorce Cases

Even after identifying cryptocurrency assets, valuing them accurately poses another significant challenge. The value of Bitcoin or Ethereum can shift dramatically in short periods, affecting equitable distribution. Courts in New York typically look at the valuation date—the official date used for asset valuation—to ensure fairness. Given the volatility of crypto markets, setting a strategic valuation date is essential.

Moreover, valuing crypto-assets might require expert testimony and analysis. Working closely with cryptocurrency experts who can provide credible valuations and forecasts ensures that your interests are protected in the distribution of marital property.

How Courts Handle Cryptocurrency in Divorce

New York courts treat cryptocurrency as marital property subject to equitable distribution. This means the digital assets acquired during the marriage must be fairly divided, although not necessarily equally. Courts consider multiple factors, including when the cryptocurrency was purchased, how it was acquired (such as mining, purchase through exchanges, or ICO investments), and contributions each spouse made during the marriage.

Notably, cryptocurrency acquired before marriage is typically considered separate property, provided sufficient proof exists. This makes documentation critical—spouses holding cryptocurrency should maintain clear records to establish its origin and acquisition date.

Protecting Your Interests

The complexity of cryptocurrency in divorce proceedings means you need specialized legal counsel familiar with both family law and digital assets. At Mindin & Mindin, P.C., our team is adept at navigating these intricate cases. We partner with leading forensic specialists to accurately trace, value, and secure your rightful share of crypto-assets.

Cryptocurrency in divorces is a relatively new legal terrain, but with a knowledgeable attorney and the right expert guidance, you can ensure a fair division of digital and traditional marital assets.

If you're dealing with a divorce involving cryptocurrency in New York, contact the experienced attorneys at Mindin & Mindin today. We understand the intricacies of crypto-assets and are dedicated to safeguarding your financial future.

The Best Interests of the Child: Why Courts Favor Stability and Co-Parenting in Custody Disputes

When determining child custody, courts in New York focus on one overarching principle: the best interests of the child. While this standard may seem straightforward, courts weigh multiple factors to ensure a custody arrangement promotes stability, emotional well-being, and continued parental involvement. A recent case, Acevedo v. Cassidy (2nd Dep’t 2025), underscores how judges evaluate key considerations, particularly a parent's ability to foster a relationship between the child and the noncustodial parent.

In Acevedo, the court awarded sole legal and physical custody to the father, finding that he was better positioned to provide stability and facilitate co-parenting. The mother challenged the decision, arguing that she was fit to retain custody. However, the court determined that several factors weighed in favor of the father.

One of the most critical aspects of any custody dispute is a parent's willingness to encourage a meaningful relationship between the child and the other parent. Courts are highly concerned when one parent appears to hinder or limit the other parent’s role in the child's life. In this case, the father demonstrated that he was more likely to share information about the child’s academic progress and general well-being, while the mother had failed to maintain consistency in her involvement.

Another significant factor was stability. The father had steady employment with a predictable schedule and lived close to the child's school, allowing for a consistent routine. In contrast, the mother had moved multiple times throughout the litigation, creating uncertainty regarding housing and school logistics. Courts tend to favor the parent who can provide the most stable home environment, as frequent relocations can disrupt a child’s emotional and educational development.

Additionally, the practical realities of each parent's living situation played a role in the court's decision. The mother's living arrangements involved a significant commute to the child’s school, whereas the father’s home provided a more convenient and stable setting. Courts recognize that long commutes can impact a child's daily routine, adding unnecessary stress and logistical challenges.

The case also highlights the importance of credibility in custody proceedings. Judges rely heavily on testimony, observing the sincerity, temperament, and overall character of both parents. When credibility issues arise—such as inconsistent statements or behavior that suggests an unwillingness to cooperate—courts may lean toward the parent who presents a stronger case for promoting the child's well-being.

Ultimately, Acevedo v. Cassidy reinforces the principle that custody decisions are based on the totality of circumstances. While no single factor determines the outcome, courts prioritize stability, a parent’s ability to facilitate co-parenting, and the overall living environment. Parents seeking custody should be prepared to demonstrate that they can provide a secure, nurturing, and consistent upbringing while ensuring that the child maintains a meaningful relationship with both parents.

If you are facing a custody dispute, it is crucial to understand how courts evaluate these cases and to present a compelling argument that aligns with the best interests standard. Consulting with an experienced family law attorney at Mindin & Mindin can help you navigate the legal process and build a strong case for custody. Contact us for a free consultation.

Relocation and Parenting Time: Key Takeaways from Dusten T. v. Trisha U.

Relocation and Parenting Time: Key Takeaways from Dusten T. v. Trisha U.

When a parent moves a significant distance away from their child, it often complicates custody and visitation arrangements. Courts must balance a child’s best interests with a relocating parent’s right to move, and a recent case—Dusten T. v. Trisha U.—illustrates how New York courts handle these complex situations.

In this case, a mother’s relocation 2.5 hours away from her child’s primary residence became a key issue in determining parenting time and transportation responsibilities. The court crafted a custody schedule that aimed to preserve the mother’s relationship with the child, while also considering the logistical challenges posed by her move. Below, we examine the court’s decision and what it means for parents facing similar custody and relocation disputes.

Custody Schedules and Relocation: Balancing Parenting Time and Practicality

Family Court originally granted the mother two nonconsecutive weeks during summer vacation, alternating weekends, and every Wednesday evening for parenting time. However, because the mother lived over two hours away and did not own a vehicle, the court modified the schedule to eliminate Wednesday evening visits and compensate by awarding her two additional weeks during summer break. This adjustment was made to ensure that the mother could still maintain a meaningful relationship with her child, while recognizing that midweek visits were impractical given the travel time involved.

This decision underscores a crucial point in New York custody law: the feasibility of a visitation schedule matters as much as the fairness of time allocation. If a parent’s chosen location makes regular visitation logistically difficult, the court may need to adjust parenting time to reflect what is realistic and sustainable.

Who Bears the Burden of Transportation?

Another key issue in this case was which parent should be responsible for transporting the child for visits. The court placed the full burden of transportation on the mother, reasoning that she had voluntarily moved far away. The mother argued that this was unfair, particularly because she did not own a vehicle and had to rely on friends or family for rides.

However, the court upheld its decision, emphasizing that the parent who relocates generally assumes responsibility for the increased travel burden. In cases like this, courts are unlikely to impose additional transportation duties on the non-moving parent, as doing so would unfairly shift the consequences of the relocation onto them.

Key Legal Takeaways from Dusten T. v. Trisha U.:

1. Parenting schedules must be practical and enforceable.

   • If a parent relocates too far for frequent, short visits, the court may adjust custody schedules to allow for longer but less frequent visitation periods.

2. Relocating parents generally bear the burden of transportation.

   • A parent who chooses to move further away is often responsible for the costs and logistics of transporting the child for visitation.

3. The best interests of the child remain the primary concern.

   • Courts prioritize the child's well-being by ensuring that they maintain a strong relationship with both parents, while also keeping logistical burdens reasonable for all parties involved.

How This Decision Affects Parents Considering Relocation

If you are a custodial or noncustodial parent considering relocating, this case serves as a reminder that your move will impact custody and visitation arrangements. Before making a major move, consider:

• How will the relocation affect your current custody agreement?

• Will midweek or weekend visits still be feasible?

• Who will handle transportation, and can you meet the logistical demands?

If you are facing a relocation issue in your custody case, consulting with an experienced New York family law attorney can help you navigate the legal complexities and work toward a parenting schedule that fits your new circumstances.

At Mindin & Mindin, P.C., we specialize in custody modifications, relocation cases, and ensuring that parenting time arrangements serve the best interests of both parents and children. Contact us today to discuss how we can help you secure a workable custody and visitation plan.

📞 Call us at 888-501-3292 for a consultation.

The Dangers of Email Tracking in Family Law Cases: A Landmark Court Ruling

In a groundbreaking decision, the New York Supreme Court has addressed the use of email tracking technology in matrimonial litigation, marking a first-of-its-kind ruling that could have significant implications for future divorce and custody battles. In D.P. v. S.P., 2025 WL 570068 (N.Y. Sup. Ct. Feb. 20, 2025), the court examined how email tracking—a commonly used digital tool—can be leveraged to obtain information about a recipient’s location, movements, and private activities, raising serious concerns about privacy, stalking, and even potential violations of New York's family offense laws.

What Is Email Tracking and How Does It Work?

Email tracking software, such as Streak, works by embedding an invisible tracking pixel within an email. When the recipient opens the email, the sender receives data on when and where it was viewed, how many times it was accessed, and even the recipient’s approximate location. The court noted that this type of technology can severely compromise an individual’s privacy, particularly in contentious divorce and family law disputes where parties may attempt to track or monitor each other’s whereabouts.

The Case: How Email Tracking Became a Legal Issue

In the case of D.P. v. S.P., the Defendant admitted to using email tracking technology to monitor emails sent to the Plaintiff during their divorce proceedings. This revelation led to significant legal scrutiny, as the court recognized that such tracking could be a form of unauthorized surveillance that might violate New York’s address confidentiality protections—laws designed to protect victims of domestic violence, stalking, and harassment.

The court drew a connection between email tracking and the New York State Address Confidentiality Program, a law that allows victims of domestic violence, human trafficking, or stalking to use a substitute mailing address to prevent their abusers from finding them. The ruling emphasized that even though email tracking does not provide an exact physical address, the ability to determine a recipient's city-level location could be used to undermine these confidentiality protections.

Could Email Tracking Be Considered Stalking Under New York Law?

The court explored whether using email tracking software could constitute a family offense, particularly under New York Penal Law’s stalking statutes. Under New York Penal Law § 120.45(2), a person commits stalking in the fourth degree if they engage in a pattern of conduct that:

• Causes emotional harm to the victim.

• Follows or monitors the victim’s movements using tracking technology.

• Has been previously warned to stop such conduct.

Although the court did not explicitly rule that email tracking constitutes stalking in this case, it warned that if either party continued using email tracking after being instructed to stop, it could lead to a family offense determination, contempt of court, and possible sanctions.

What This Decision Means for Family Law Litigants

This case sets an important precedent by recognizing the potential misuse of email tracking in matrimonial disputes and its possible legal consequences. Family law litigants should be aware that:

1. Email tracking could be deemed an invasion of privacy and might violate legal protections in divorce and custody cases.

2. Parties involved in family court matters should avoid using tracking technology to monitor their ex-spouses or co-parents, as it may be considered unauthorized surveillance or stalking.

3. Courts are taking digital privacy concerns seriously, particularly when they intersect with domestic violence protections and address confidentiality laws.

The ruling in D.P. v. S.P. highlights a modern legal issue that many may not have considered—how digital tracking tools can be misused in high-conflict divorce cases. The court’s decision acknowledges that while technology has evolved, so too must the law to ensure that these tools are not weaponized to invade privacy, intimidate, or harass.

If you are involved in a divorce, custody dispute, or family law matter and believe you may be a victim of unauthorized tracking or digital surveillance, legal guidance is critical. At Mindin & Mindin, P.C., we stay at the forefront of emerging legal issues to ensure our clients' rights and privacy are protected.

🔹 For a confidential consultation, call us at 888-501-3292 or visit our Contact Page

Sacha Baron Cohen and Isla Fisher’s Divorce: A Surprisingly Smooth Split (Very Nice!)

After more than two decades together, Hollywood couple Sacha Baron Cohen and Isla Fisher have officially called it quits. Their $75 million divorce, despite initial reports of turmoil, is reportedly moving along smoothly—which is an unexpected twist for a couple navigating high-profile fame, shared children, and significant wealth. Unlike some celebrity splits that turn into full-scale legal battles, their approach appears to be amicable, private, and well-coordinated—a rarity in Hollywood.

While divorce is never a laughing matter, it’s hard not to acknowledge the irony of one of comedy’s most outrageous provocateurs (best known for playing Borat, Ali G, and Bruno) handling his personal separation with dignity and discretion. Maybe we should all take a page from their playbook—though preferably not one of Borat’s infamous "marriage guides."

Getting divorced from maaaa wiiiiiife

A Love Story That Began with Laughs (and Lasted Over 20 Years!)

Sacha Baron Cohen and Isla Fisher first met at a party in Sydney back in 2001, proving that even in Hollywood, the best relationships sometimes start in unexpected places. The connection was instant, leading to an engagement in 2004 and, after a long wait, a romantic wedding in Paris in 2010. Together, they raised three children while juggling their busy acting careers, red carpet appearances, and Sacha’s often controversial brand of humor.

While their public personas were vastly different—Isla known for her charming roles in films like Wedding Crashers and Confessions of a Shopaholic, and Sacha notorious for his outrageous satirical characters—their marriage worked for more than two decades. Unfortunately, like even the best "great success!" stories, this one has come to an end.

A Divorce Handled with Grace (and Maybe a Few Jokes)

Announcing a breakup in Hollywood is tricky, but Sacha and Isla did it in style. Instead of long-winded press statements or explosive tell-all interviews, they posted a tongue-in-cheek message on social media:

"After a long tennis match lasting over twenty years, we are finally putting our rackets down."

If there’s a lesson to be learned here, it’s that humor can help even in difficult situations. Divorce is never easy, but approaching it with mutual respect and a commitment to co-parenting can make all the difference—especially when children are involved.

What Happens Next? Legal and Financial Considerations in High-Net-Worth Divorces

Though they’ve kept the details private, a $75 million divorce settlement is no small matter. Dividing assets in high-net-worth divorces often involves:

• Complex financial negotiations over investments, properties, and earnings.

• Child custody arrangements that prioritize the well-being of their three children.

• Prenuptial agreements (if they had one), which could determine how assets are divided.

In many celebrity divorces, protecting personal wealth, career earnings, and intellectual property is key. Whether or not they had a prenup, their relatively smooth process suggests that they planned their separation carefully and strategically—something that any divorcing couple, famous or not, can learn from.

Lessons from the Cohen-Fisher Divorce: What We Can Learn

Divorces often become messy, public, and emotionally draining, but Sacha and Isla’s case shows that with the right approach, things don’t have to spiral out of control. Their focus on co-parenting and mutual respect is a reminder that even when love ends, family responsibilities remain.

While Sacha Baron Cohen is best known for pushing boundaries and causing chaos, it seems that when it comes to his real-life divorce, he has chosen a path of cooperation and calm. Maybe he’ll turn this experience into a mockumentary someday—but for now, it looks like both he and Isla are moving forward in a way that prioritizes peace over drama.

If you're facing a divorce of your own, whether it’s amicable or complex, legal guidance is crucial. At Mindin & Mindin, P.C., we specialize in New York divorce cases, including:

✅ High-net-worth asset division
✅ Child custody and support
✅ Spousal maintenance and financial settlements
✅ Prenuptial and postnuptial agreements

📞 Call us today at 888-501-3292 for a confidential consultation. While we may not have Borat-level comedic timing, we do have exceptional legal expertise to help you navigate your next chapter with clarity and confidence.

Forensic Evaluations in Custody Cases: How Preparation Can Make a Difference

Understanding Forensic Evaluations in Child Custody Disputes

When parents are involved in a contested custody battle, the court may order a forensic evaluation to assess each parent's fitness, co-parenting abilities, and the child's best interests. A forensic custody evaluation is conducted by a court-appointed mental health professional who interviews parents, children, and relevant third parties while also reviewing documentation and administering psychological assessments.

These evaluations can significantly impact custody determinations, making proper preparation critical. While the forensic evaluator's role is to provide the court with an objective analysis, how parents present themselves and their parenting approach during the evaluation can shape the outcome.

How the Law Offices of Mindin & Mindin, P.C. Can Assist You

At the Law Offices of Mindin & Mindin, P.C., we understand the complexities of forensic evaluations and offer consulting services to help parents navigate this process effectively. As experienced New York matrimonial and family law attorneys, we provide strategic guidance to ensure that clients approach the evaluation with confidence while remaining honest and transparent.

Why Preparation for Forensic Evaluations Matters

Many parents enter forensic evaluations unsure of what to expect. Without proper preparation, they may unintentionally misrepresent themselves, struggle to articulate their parenting strengths, or become defensive in response to difficult questions. Our firm helps clients:

• Understand the Process – We explain the structure of forensic evaluations, including the types of questions evaluators ask and what to expect during interviews and home visits.

• Refine Communication Skills – Clients learn how to express their parenting strengths clearly and respond effectively to evaluator inquiries.

• Avoid Common Pitfalls – We identify behaviors and statements that could negatively impact the evaluation outcome.

• Practice with Mock Evaluations – Simulating the evaluation experience helps clients build confidence and prepare for various scenarios.

The Benefits of Professional Consultation Before a Forensic Evaluation

1. Enhanced Understanding of the Evaluator’s Role

A forensic evaluator’s primary goal is to determine what custody arrangement is in the child's best interests. Our legal team helps clients align their approach with this standard while emphasizing the importance of honesty and transparency.

2. Building a Child-Centered Narrative

Courts favor parents who prioritize their child’s needs above personal disputes. We guide clients on how to highlight their parenting strengths while demonstrating cooperation with the other parent when appropriate.

3. Strengthening Case Strategy

Preparation can make a significant difference in how evaluators perceive a parent’s ability to provide a stable, nurturing environment. We analyze case history, past legal filings, and co-parenting patterns to help clients present their case effectively.

4. Avoiding Red Flags

Certain behaviors, such as badmouthing the other parent, being evasive, or showing signs of parental alienation, can negatively impact the evaluation. Our firm helps clients recognize these issues before their interview.

Take Control of Your Custody Case

If you are facing a forensic custody evaluation, don’t go into it unprepared. With our expert legal consulting services, you can approach the evaluation process with the knowledge and confidence needed to present your parenting abilities effectively.

📞 Call the Law Offices of Mindin & Mindin, P.C. today at 888.501.3292 to schedule a consultation and learn how we can assist you in preparing for your forensic evaluation. The right preparation can make a critical difference in securing the best outcome for your child’s future.

Bianca Censori v Kanye West: What We Can Learn About High-Profile Divorce

Holler, we want prenup! We want prenup!

Rumors are swirling about the potential divorce of rapper Kanye West and model/architect Bianca Censori less than two weeks after their headline-grabbing appearance at the 2025 Grammy Awards. Reports from TMZ and The Daily Mail claim that the couple has split and that "both sides have reached out to divorce attorneys."

If true, this would mark another high-profile divorce for West, who finalized his divorce from Kim Kardashian in 2022 before quickly moving on to Censori. While the details of their potential divorce settlement remain unclear, this situation brings up important legal considerations for celebrity divorces—and for high-net-worth individuals in general.

I will preface this post with a statement that I WAS once a fan of Kanye West but as a Jewish attorney, I find his conduct to be disgusting, hateful and promoting violence against peaceful people, and I don’t support his new music, projects, branding or anything he endorses.

Legal Issues in High-Profile Celebrity Divorces

Whether it's Kanye West and Bianca Censori, Kim Kardashian and Kanye West, or Brad Pitt and Angelina Jolie, celebrity divorces are often messy, expensive, and highly publicized. However, legal lessons can be applied to any divorce—whether you're a high-net-worth individual or simply looking to protect your future.

Reports suggest that Kanye and Bianca had a wedding ceremony but never obtained a marriage certificate. If this is true, their split may not require a legal divorce at all—because under U.S. law, a marriage must be legally recognized to require divorce proceedings.

Bianca may not be entitled to spousal support or asset division under marital laws if their union was not legally binding. Instead, any financial disputes may fall under contract law, depending on agreements made between the parties.

Always ensure that your marriage is legally recognized—and consider a prenuptial agreement to protect your assets in case of divorce.

Prenuptial & Postnuptial Agreements in High-Net-Worth Marriages

West's previous divorce settlement with Kim Kardashian reportedly included a prenuptial agreement, which likely simplified asset division. Given West’s $400+ million net worth, he may have used a similar approach with Censori—if they were legally married at all.

A prenuptial agreement (prenup) allows a couple to:

✅ Define asset division before marriage.
✅ Protect business interests (like West’s Yeezy brand).
✅ Clarify spousal support agreements in case of divorce.

Without a prenup, dividing assets becomes much more complicated, particularly for public figures whose income fluctuates.

Even if you’re not a celebrity, a prenup or postnuptial agreement can help protect your financial future in marriage.

The Impact of Public Image on Divorce Settlements

Kanye West’s recent controversies, including his antisemitic comments and erratic public behavior, may have influenced the reported breakdown of his relationship with Censori.

In divorce cases, a spouse’s behavior—especially in high-profile situations—can affect:

🔹 Custody decisions (if children are involved).
🔹 Reputation and future career opportunities.
🔹 Spousal support negotiations, if one spouse argues that the other’s behavior led to financial or emotional harm.

While Kanye and Bianca don’t have children together, his public controversies could still impact financial negotiations if they are legally married.

Your public image and personal behavior can have long-term legal and financial consequences in divorce cases.

What Happens Next?

As of now, the Kanye West and Bianca Censori divorce rumors remain unconfirmed, but if their marriage was legal, it’s possible that:

🔹 Divorce attorneys will negotiate a private settlement.
🔹 Censori could receive financial compensation, depending on what was agreed upon.
🔹 Legal disputes may arise over shared assets (if any exist).

While most people don’t have to deal with celebrity-level divorces, navigating a separation can be just as complex for anyone involved in a marriage—especially when money, assets, and reputation are at stake.

Going Through a Divorce? Get Expert Legal Guidance

At Mindin & Mindin, P.C., we specialize in New York divorce cases, including:

✅ High-net-worth divorces
✅ Prenuptial & postnuptial agreements
✅ Spousal support & asset division
✅ Child custody & support disputes

📞 Click to Call us today at 888-501-3292 for a confidential consultation. Whether you’re a business owner, a professional, or anyone seeking clarity on their rights in a divorce, we’re here to protect your future and guide you through the process.

Why New York Courts Uphold Separation Agreements: A Breakdown of Elliott v. Elliott (2025)

When couples decide to divorce, a separation agreement can be an essential tool to streamline the process. However, disputes sometimes arise when one party later seeks to set aside the agreement, claiming unfairness, lack of financial disclosure, or lack of representation. The recent Elliott v. Elliott decision from the New York Appellate Division, Fourth Department, reinforces the legal principles that protect validly executed separation agreements and highlights the high bar required to overturn them.

We will analyze the key legal takeaways from this case and what they mean for individuals navigating divorce in New York State.

Can a Separation Agreement Be Overturned for Lack of Financial Disclosure?

One of the plaintiff's main arguments was that the separation agreement should be rescinded because the defendant failed to provide full financial disclosure before signing. However, the court rejected this argument, explaining that financial disclosure is only required in matrimonial actions when issues of spousal support or maintenance are raised (Domestic Relations Law § 236 (B) (4)).

Since the plaintiff waived her right to maintenance in the separation agreement and acknowledged she was self-supporting, she could not later argue that the agreement was invalid due to missing financial disclosures.

Key Takeaway:

• New York law does not require full financial disclosure before signing if a separation agreement does not involve spousal support.

• Waiving maintenance rights in a divorce agreement limits the ability to later challenge it on the grounds of missing financial information.

Unrepresented Parties & Court’s Role in Informing Them of Their Rights

Another argument raised by the plaintiff was that she was unrepresented by an attorney and was not given the legally required maintenance guidelines notice under Domestic Relations Law § 236 (B) (6) (g).

However, the court found that this claim was directly contradicted by the record. The divorce complaint explicitly acknowledged that she had received notice of the guideline maintenance calculation, and the court's findings confirmed that she was informed of her rights before finalizing the agreement.

Key Takeaway:

• While legal representation is always advisable, not having a lawyer does not automatically invalidate a separation agreement.

• Courts will carefully review the record to determine whether an unrepresented party was properly informed of their rights.

Challenging a Separation Agreement for Unfairness & Overreaching

The plaintiff also argued that the agreement was unfair, making it unenforceable. However, New York courts strongly favor upholding marital settlement agreements unless there is clear evidence of fraud, overreaching, duress, or unconscionability.

To successfully challenge a separation agreement, the party must show that:

1. The agreement was grossly unfair on its face.

2. The unfairness resulted from coercion, deception, or abuse of power by the other spouse.

In this case, the court found:

• The agreement was not unfair on its face—even though the plaintiff may have given up more than she was legally required to, the agreement did not "shock the conscience."

• The plaintiff had ample opportunity to review the agreement, as shown by a handwritten amendment she requested, proving she had input before signing.

• The plaintiff’s education level was not enough to prove she was unable to understand the agreement.

Key Takeaway:

• Courts rarely overturn separation agreements just because one party later regrets their decision.

• A clear record of voluntary participation and modifications made at a party's request will support an agreement's enforceability.

The Role of Financial Disclosure in Challenging an Agreement

The plaintiff also claimed that the agreement should be set aside because she did not have all the material financial facts when signing.

However, the court clarified that mere nondisclosure of financial details is not enough to invalidate an agreement unless it results in an inequitable or unfair division of assets.

Even if the plaintiff was unaware of the exact value of the defendant’s retirement account, this did not render the agreement unfair because:

• She knowingly waived any claim to maintenance or additional financial support.

• Courts evaluate the total fairness of the agreement, not just one financial aspect.

Key Takeaway:

• Full financial disclosure is not required for a valid agreement, unless spousal support is at issue.

• An agreement will not be overturned simply because one spouse later believes they could have negotiated for more.

Property Rights & Possession of the Marital Home

Finally, the plaintiff claimed the agreement was unconscionable because it relinquished her possessory rights in the marital residence.

The court rejected this argument, noting the agreement did not grant the defendant exclusive possession of the home, the plaintiff retained access rights to the property with notice, the agreement allowed her continued use of the barn on the property, if a dispute over the sale of the home arose, she could file a partition action to force its sale.

Because these terms were reasonable and did not place the plaintiff at a severe disadvantage, the court upheld the agreement.

Key Takeaway:

• Courts will not overturn a separation agreement just because one party no longer finds it favorable.

• Property agreements that allow reasonable access and rights are not unconscionable.

What This Case Means for Divorce & Separation Agreements in New York

The decision in Elliott v. Elliott reaffirms New York’s strong legal precedent favoring the enforcement of voluntary separation agreements. Courts are reluctant to intervene unless there is clear proof of fraud, duress, or gross unfairness.

Lessons from This Case:

✅ Financial disclosure is only required if spousal support is at issue.
✅ Not having an attorney does not automatically invalidate an agreement.
✅ Courts uphold agreements unless they "shock the conscience".
✅ A party's regret or later dissatisfaction is not grounds for rescission.

If you are considering signing a separation agreement or divorce settlement, it is critical to have an experienced attorney review the terms. At Mindin & Mindin, P.C., we ensure that your rights are fully protected and that you are entering into a fair and enforceable agreement.

If you need assistance with a divorce, separation agreement, or post-divorce modifications, our team at Mindin & Mindin, P.C. is here to help.

📞 Call us at 888-501-3292 for a free consultation today!

Why You Should Have an Attorney Review Your Prenuptial Agreement

When planning for marriage, a prenuptial agreement can be one of the most important legal documents you sign. While New York law does not require each party to have an attorney, failing to have an experienced prenuptial agreement attorney review the contract can lead to unintended consequences, unenforceable terms, or financial pitfalls in the event of a divorce. At Mindin & Mindin, P.C., we have reviewed and drafted nearly 1,000 prenuptial agreements, ensuring our clients enter their marriages with clarity and protection.

While some online services claim that prenups can be completed without legal counsel, having an attorney review the agreement before signing offers significant advantages, including:

✅ Ensuring the Agreement Is Enforceable

A poorly drafted prenuptial agreement (yes, I’m talking to you LegalZoom) may not hold up in court. In New York, prenuptial agreements must meet specific legal requirements to be enforceable, including full financial disclosure, voluntary execution, and fairness at the time of signing. If a prenup is challenged later, a judge can invalidate specific parts or the entire agreement if it appears unfair, rushed, or improperly executed.

✅ Avoiding Hidden Pitfalls and Unfair Terms

Without legal guidance, you may not fully understand the financial implications of the contract. An attorney can identify:

• Unfair provisions that could leave one party at a significant disadvantage

• Terms that conflict with New York marital law, making them unenforceable

• Ambiguous language that could lead to disputes in the future

✅ Protecting Your Financial Future

Prenuptial agreements cover much more than just protecting assets. They can also address:

• Spousal support (alimony) waivers and their enforceability

• Debt protection, ensuring one spouse is not responsible for the other's liabilities

• Inheritance rights, securing assets for children from previous marriages

• Business ownership, protecting companies and professional practices

✅ Preventing Claims of Coercion or Duress

One of the most common challenges to a prenup is claiming that it was signed under pressure. An attorney ensures that:

• Both parties sign voluntarily and with full understanding of the terms

• There is no last-minute signing right before the wedding without having the terms thoroughly reviewed and understood by one of the parties (which courts may view as coercion)

• Proper financial disclosure is made, preventing future claims of fraud

Can You Waive the Right to an Attorney?

Yes, under New York law, you can waive the right to independent counsel when signing a prenuptial agreement. However, this is not recommended because:

• Courts scrutinize agreements where one party does not have legal representation

• A lack of legal counsel can create unfair advantages for one spouse

• If the agreement is later challenged, the absence of independent legal review can weaken its enforceability

When Should You Have an Attorney Review the Prenup?

It’s essential to have your prenuptial agreement reviewed well before your wedding. Waiting until the last minute can create issues of duress, potentially leading to the agreement being thrown out in court. We recommend:
✔ Reviewing the agreement at least one to six months before the wedding (although there is no hard and fast rule for the timing. The overall process is more important).
✔ Ensuring both parties fully disclose their finances
✔ Giving both parties adequate time to consult with their independent attorney

Flat-Fee Prenuptial Agreement Review & Drafting

At Mindin & Mindin, P.C., we provide:
✔ Flat-fee services for both drafting and reviewing prenuptial agreements
✔ Nearly 1,000 prenups reviewed and drafted, ensuring expert legal protection
✔ Comprehensive consultation to help you understand your rights and obligations
✔ Representation by one of New York City’s top-ranked and well-known matrimonial attorneys

Secure Your Future with a Properly Drafted Prenup

A prenuptial agreement is one of the most important legal documents you will ever sign. Make sure yours is ironclad, fair, and enforceable. Contact Mindin & Mindin, P.C. today for a consultation.

📞 Call or text us at 888-501-3292

📍 Serving clients across All of New York State, New York City, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, Westchester and Orange Counties, Nassau and Suffolk Counties.

When an Email Becomes a Child Support Waiver: A Rare Exception in New York Law

Child support obligations in New York are typically strictly enforced and cannot be modified informally. Courts require formal modifications through Family Court orders or legally binding agreements executed with the required formalities. However, in the recent case of Hanford v. Hanford, the Second Department carved out an exception to this general rule, finding that a series of emails between ex-spouses was sufficient to constitute a valid waiver of child support—despite lacking the formal legal requirements for modification.

This decision is highly unusual and narrowly tailored to specific circumstances. In this post, we’ll break down this case, what made it different, and why you should never rely on informal agreements when modifying child support.

The General Rule: Child Support Can Only Be Modified by Court Order or Formal Agreement

Under New York law, child support orders are binding and enforceable. If parents wish to modify a child support obligation, they typically must:

• Obtain a court order modifying support based on a substantial change in circumstances.

• Execute a formal written modification agreement that complies with contractual requirements, such as being acknowledged and signed in the presence of a notary.

• Ensure that any modification protects the child’s best interests, as courts will not enforce agreements that unfairly deprive a child of financial support.

However, in Hanford v. Hanford, the court found an unusual exception to this well-established rule.

What Happened in Hanford v. Hanford?

1. The parties divorced in 2016 and included a separation agreement that required the father to pay child support to the mother. The agreement was incorporated but not merged into their divorce judgment, meaning it remained a separate and enforceable contract. The agreement also explicitly stated that any modifications must be executed with the same formality as the original agreement, meaning they had to be notarized and in writing.

2. The Email Agreement to Reduce Child Support: In April 2017, the parties exchanged emails and agreed to reduce the father’s child support obligation. For the next five years, the father paid the reduced amount, and the mother accepted the payments without objection.

3. In 2022, the mother filed a violation petition, claiming that the father owed $93,612.45 in unpaid child support and medical expenses. The Support Magistrate ruled (what would ordinarily be correct) in her favor, ordering the father to pay the full arrears based on the original 2016 agreement. Case closed, right?

4. The Father’s Appeal: Was There a Waiver? The father appealed, arguing that their email agreement and five years of performance constituted a valid waiver of her right to enforce the higher child support amount. The Family Court initially denied his objections, but the Appellate Division reversed, ruling in favor of the father.

Why Did the Court Allow This Exception?

The key distinction in this case was the difference between a modification and a waiver:

• Modification Agreement: A binding agreement that changes the child support terms and must meet all contractual requirements (such as notarization).

• Waiver: A voluntary and intentional relinquishment of a known right that does not require the same formalities as a modification.

Key Factors That Led to the Court’s Decision:

✔ The Mother Explicitly Agreed to the Reduction – She acknowledged in court that she agreed to the reduced payments in 2017.

✔ She Accepted Reduced Payments for Five Years – The mother never objected or attempted to collect arrears until 2022, reinforcing that she voluntarily abandoned her right to full child support during the period.

✔ Waivers Are Enforceable if Executed – Unlike a modification, a waiver cannot be undone retroactively once the parties have followed through with it. The mother could only withdraw her waiver moving forward, not retroactively demand arrears for the past five years.

✔ Waiver of a Contractual Provision is Possible – Even though the agreement required formal modifications, the court ruled that the mother’s conduct effectively waived that requirement for past payments.

The decision in Hanford v. Hanford is highly unusual and should not be relied upon as a common strategy for modifying child support. Most cases will still follow the general rule that informal agreements are not enforceable.

🚨 Never rely on verbal or email agreements to modify child support – Courts typically do not recognize informal modifications unless they meet strict legal requirements.

📜 Always execute a legally binding modification agreement – If you and your co-parent agree to change child support, put it in writing, sign it, and have it notarized. Then, get court approval to ensure enforceability.

⚖️ A waiver must be intentional and consistent – This case was unique because the mother explicitly agreed to the reduction and accepted the lower amount for five years without seeking back payments.

📅 Waivers apply to past payments, not future ones – Even in this rare case, the mother was only barred from collecting arrears for the years she accepted reduced payments. She was free to restore full child support moving forward.

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The Hanford v. Hanford decision is a rare example of how contract law principles—specifically, waiver—can impact child support enforcement. While this case was resolved in favor of the father, it is not the norm and should not be seen as a loophole to avoid child support obligations.

If you believe your child support order needs to be modified, the best course of action is to work with an experienced family law attorney to ensure the modification is legally valid and enforceable.

At Law Offices of Mindin & Mindin, P.C., we help parents with child support modifications, enforcement, and violations to ensure their rights—and their children’s best interests—are protected.

📞 Call us today at 888-501-3292 for a free consultation to discuss your child support case.

Original Decision Below:
The parties, who have one child together, divorced in 2016. In their separation agreement, which was incorporated but not merged into the judgment of divorce, the parties agreed that the father would pay the mother child support. The separation agreement also provided that neither the separation agreement nor any provisions thereof could be modified or waived except by a writing “duly subscribed and acknowledged with the same formality as” the separation agreement itself. The mother does not dispute that in April 2017, the parties reached an agreement by email to reduce the amount of child support. From April 2017 until September 2022, the father paid the mother child support at the reduced amount agreed upon by the parties.
In 2022, the mother filed a violation petition. After a hearing, the Support Magistrate, in an order dated February 20, 2024, and an order of disposition also dated February 20, 2024, found that the father violated the child support provisions of the separation agreement and directed the father to pay child support arrears in the sum of $93,612.45, which consisted of basic child support arrears in the sum of $93,486.29 and unreimbursed health expenses in the sum of $126.16. The father filed objections to the Support Magistrate's order and order of disposition. In an order dated April 12, 2024, the Family Court denied the father's objections. The father appeals.

There is a distinction between a modification agreement and a waiver. A modification agreement, because it is an agreement based upon consideration, is binding according to its terms and may only be withdrawn by agreement. A waiver, on the other hand, does not require consideration. Rather, a waiver requires no more than the voluntary and intentional abandonment of a known right which, but for the waiver, would have been enforceable. A waiver, to the extent that it has been executed, cannot be expunged or recalled, but, not being a binding agreement, can, to the extent that it is executory, be withdrawn. A waiver may arise by either an express agreement or by such conduct or failure to act as to evince an intent not to claim the purported advantage.
An agreement which does not satisfy the prerequisites of a legally binding modification agreement may nonetheless constitute a valid waiver, which cannot be withdrawn once the parties have performed in accordance with its terms. Further, a contractual provision which sets forth requirements for a legally enforceable waiver may itself be waives.
Here, the mother's testimony that she agreed to the reduced amount of child support, coupled with the mother's acceptance of the reduced payments for five years, demonstrates that she intentionally abandoned the right she possessed to receive child support at the rate set forth in the separation agreement for the years preceding her violation petition. Contrary to the Support Magistrate's determination, the mother's express waiver of her future child support payments was valid and enforceable until the mother validly withdrew it by filing the violation petition.

Hanford v. Hanford, – NYS3d – , 2025 WL 322964 (2nd Dep’t.  2025)

Court-Ordered Sales of Marital Homes in New York: A Shifting Legal Landscape

For many divorcing couples in New York, the family home is their most valuable asset, and the decision of whether to sell or retain it is a significant factor in settlement negotiations. Historically, courts in New York have been unable to order the sale of a marital residence while a divorce is still pending. However, recent case law suggests that this long-standing rule is changing, allowing courts to direct the sale of a marital home in certain situations.

If you’re currently going through a divorce in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, and facing challenges over the fate of your marital home, understanding these legal shifts is crucial.

Can a New York Court Order the Sale of a Marital Home Before a Divorce Is Finalized?

The traditional rule, as set forth in Kahn v. Kahn (1977), was clear: New York courts could not force the sale of a marital residence while the divorce was still pending unless both parties agreed. The reasoning was that because New York used to require a finding of "fault" before granting a divorce, courts did not have the authority to distribute marital assets, including ordering the sale of a home, unless a final divorce decree had been issued.

New York adopted “No-Fault Divorce” in 2010 (DRL Sec. 170(7)) and this changed the landscape. Today, once one party states under oath that the marriage has irretrievably broken down for at least six months, a divorce is inevitable. Courts no longer decide whether a couple can divorce—only how to divide their assets.

This change has prompted courts to reconsider whether they should be able to order the sale of a marital home during the divorce process when fairness requires it.

Recent Cases Allowing the Sale of the Marital Home During Divorce

D.R.D. v. J.D.D. (2021): The First Major Shift

In this Monroe County case, the husband and wife had agreed to sell the marital home but could not agree on how to proceed. The wife, who was living in the home, refused to allow the husband to make repairs necessary for the sale and later attempted to delay the closing indefinitely. The court found that she was using the home as an interest-free loan by living there without contributing to mortgage costs while blocking her husband from accessing his share of the equity.

The judge ruled that the home should be sold immediately, stating that the legal landscape had changed since Kahn v. Kahn and that the principles of equitable distribution allowed courts to intervene in property matters before a divorce was finalized.

Taglioni v. Garcia (2021): When a Spouse Uses the Home as Leverage

This First Department case involved a Manhattan townhouse worth $6 million. One spouse wanted to sell the home, while the other refused unless the selling spouse paid for a rental apartment in New York City during the divorce.

While the appellate court ultimately reversed the trial judge’s order to sell the property, two dissenting judges argued that courts should have the authority to force a sale when one party is using the home to gain leverage in divorce negotiations. This dissenting opinion laid the groundwork for future courts to expand their authority.

J.H. v. C.H. (2024): Foreclosure and Financial Harm Justify a Forced Sale

In this recent Putnam County case, the husband continued living in the marital home after separation but defaulted on the mortgage twice, triggering foreclosure proceedings. He then proposed a 40-year loan modification that would have obligated his wife to a mortgage she could not afford.

The court ruled that allowing him to stay in the home indefinitely would be unfair and ordered that the home be sold immediately. The judge specifically cited the reasoning in D.R.D. v. J.D.D., further establishing a trend toward court-ordered home sales in certain divorces.

When Can a Court Order the Sale of a Marital Home?

While these cases do not create a blanket rule, they signal that New York courts are becoming more willing to order the sale of a home before a divorce is finalized. Some key factors that courts consider include:

✅ Financial Harm to One Party – If one spouse is unfairly burdened by mortgage payments, unable to access their share of home equity, or facing foreclosure, courts may step in.

✅ Bad Faith Delays – If one spouse is using the home as leverage to extract concessions, such as demanding rent payments in exchange for agreeing to sell, a judge may intervene.

✅ No-Fault Divorce Principles – Since divorces in New York are now guaranteed once one party files, courts have less reason to delay property division.

✅ Children’s Housing Needs – Courts may be reluctant to order a sale if children would be left without a stable home. However, if the home is a financial liability, a sale may still be ordered.

What This Means for Divorcing Couples in New York

If you are divorcing and your spouse is refusing to sell the home or delaying the sale to gain leverage, courts may be able to intervene. These legal changes mean that judges are no longer strictly bound by Kahn v. Kahn and may now order a home sale when fairness requires it.

This shift could be particularly important in today’s high mortgage rate environment, where holding onto a home at an outdated low rate could be financially harmful to one party while benefiting the other.

How Mindin & Mindin, P.C. Can Help

Dividing a marital home during a divorce can be one of the most contentious and complex financial decisions. Our experienced New York divorce attorneys at Mindin & Mindin, P.C. can help you:

✔ Negotiate a fair settlement to avoid unnecessary delays.
✔ Petition the court to order a home sale if your spouse is using the house as leverage.
✔ Ensure that financial arrangements are in your best interest, including mortgage obligations and equity division.
✔ Protect your rights if foreclosure is a concern.

If you’re struggling with a home sale dispute during your divorce, call us today at 888.501.3292 for a confidential consultation.

Don’t let your spouse hold your financial future hostage—take control of your divorce today.

How High Mortgage Rates Are Changing Divorce Dynamics in New York City: What You Need to Know in 2025

The first Monday after New Year’s, often called Divorce Monday, typically marks a spike in divorce filings as couples make resolutions to start fresh. However, in 2025, rising mortgage rates are reshaping how couples approach separation, especially for those who own homes in New York City. With high interest rates and skyrocketing living costs across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, splitting up is not just emotionally challenging—it’s financially daunting.

At Mindin & Mindin, PC, we’ve seen how these economic pressures uniquely impact divorcing couples. Let’s explore what these trends mean for New Yorkers considering divorce this year.

The Mortgage Conundrum: Keeping or Selling the Home

Why Mortgage Rates Matter Many homeowners locked in low-interest rates during the pandemic, often below 4%. With current rates around 7%, refinancing or purchasing a new home now means facing significantly higher monthly payments. For example:

• A $400,000 mortgage at 2.7% costs about $1,600 per month.

• The same mortgage at 7% jumps to $2,660 per month.

This financial disparity poses tough decisions for divorcing couples:

• Keeping the Home: If one spouse wants to stay in the home, refinancing is typically required to remove the other spouse from the mortgage. However, the higher payments on a refinanced loan may not be feasible for a single income.

• Selling the Home: Selling offers a clean break and the chance to split equity, but buying or renting a new place in New York City’s expensive market presents its own challenges.

Rising Costs and Limited Options

The Impact on Divorce Decisions The financial strain of maintaining or replacing a home is pushing some couples to delay or reconsider divorce. Even those who choose to separate face the reality of higher costs for both renting and buying:

• Apartment Rents: Lease rates in New York City have surged by over 20% in the past four years.

• New Mortgages: Divorced individuals looking to buy will face the same high-interest rates, further limiting their housing options.

For many, the fear of financial instability is becoming a barrier to leaving an unhappy marriage.

Economic Factors Driving Divorce Trends

1. Increased Divorces in Low-Income Families
   While mortgage rates may deter wealthier couples from divorcing, economic pressures like job loss or low wages are prompting more separations among low-income families. Rising living costs, coupled with financial stress, can strain relationships to a breaking point.

2. 50-50 Custody Trends
   Financial struggles often influence custody decisions. Unemployed or underemployed parents may seek 50-50 custody to reduce child support obligations, reshaping traditional parenting arrangements.

3. Strong Economic Conditions
   For those in stable financial situations, rising incomes and job security may provide the resources needed to separate and maintain two households.

What Should Divorcing Couples Consider?

If you’re contemplating divorce in 2025, mainly as a homeowner in New York City, it’s essential to weigh your options carefully:

1. Consult Financial Experts
   A Certified Divorce Financial Analyst (CDFA) can help evaluate your housing options, from refinancing to selling, and create a sustainable post-divorce budget.

2. Evaluate Housing Costs
   Decide whether staying in your home is financially viable, especially if refinancing leads to significantly higher payments.

3. Plan for Custody and Support
   Consider how financial realities may impact custody arrangements and child support obligations.

4. Work with Experienced Attorneys
   Navigating complex financial and legal issues requires skilled representation. At Mindin & Mindin, PC, we guide clients through these challenges to secure fair and sustainable outcomes.

Moving Forward: A Call to Action

Divorce is a significant life change that requires thoughtful planning, particularly in today’s economic climate. If you’re considering divorce and need guidance on how high mortgage rates or other financial factors might impact your situation, our experienced team at Mindin & Mindin, PC is here to help.

Contact us at 888.501.3292 to schedule a consultation. Together, we’ll help you make informed decisions and start the next chapter of your life with confidence.

In 2025, financial considerations like mortgage rates influence how many couples approach divorce, especially in New York City. While the path may feel more complicated, the right legal and financial support can help you achieve clarity and a fresh start. Remember, you don’t have to face these challenges alone—reach out to Mindin & Mindin, PC for expert guidance tailored to your unique circumstances.

What Constitutes a Legally Valid Marriage in New York State? Key Takeaways from Spalter v. Spalter (2025)

In a recent decision, Spalter v. Spalter, the New York Appellate Division provided critical clarification about what constitutes a legally valid marriage under New York law. This ruling is significant for those entering religious or non-traditional marriage ceremonies and highlights the interplay between religious practices, state law, and the legal status of marriage.

The parties in Spalter participated in a traditional Jewish wedding ceremony officiated by a rabbi. Key aspects of the ceremony included:

• 29 guests present under a chuppah.

• The signing of a ketubah (a Jewish marriage contract).

• A separately signed document stating that the marriage was "binding under Jewish law" but not "legally recognized" under New York law.

• An arbitration agreement referring to the parties as "husband-to-be" and "wife-to-be" and delegating marital disputes to a Beth Din (Jewish court).

However, the couple did not obtain a civil marriage license and allegedly held themselves out as single, living largely separate lives for social and religious purposes. They shared four children, three of whom have special needs.

The court ultimately ruled that their marriage was valid under New York law despite the lack of a marriage license and the parties’ stated intent to avoid legal recognition.

The decision in Spalter rests on several foundational principles from New York’s Domestic Relations Law:

1. Presumption of Validity
   New York law strongly favors the validity of a marriage, especially when questions of children’s legitimacy are involved. This presumption carries significant weight and is difficult to rebut.

2. Requirements for Marriage Under New York Law

   • Domestic Relations Law § 12: A marriage solemnized by a clergyperson with at least one witness is valid if the parties declare their intent to take each other as spouses. No specific form of ceremony is required.

   • Domestic Relations Law § 13: Requires a marriage license for those intending to marry in New York. However:

   • Domestic Relations Law § 25: Failure to procure a marriage license does not invalidate a marriage solemnized by a clergyperson.

3. Marriage as a Legal Status
   Marriage is more than a private contract—it is a legal status governed by the state. The parties' intent to avoid legal recognition does not negate the state's authority to deem the marriage valid when statutory requirements are met.

4. Consent to Marriage
   Even if the parties signed a document indicating their intent not to marry under New York law legally, the court found that their acknowledgment of entering a "marriage that is binding under Jewish law" demonstrated consent to the marriage.

5. Tax Return Statements
   The court rejected the argument that a spouse listing themselves as unmarried on tax returns prevents them from asserting marital status in court. Marital status is a legal determination, not solely defined by prior statements on tax filings.

The decision underscores several key takeaways for individuals in New York:

• Religious Ceremonies Can Create Legally Valid Marriages
  Couples who participate in religious ceremonies, even without obtaining a marriage license, may find their union legally recognized if the ceremony meets the requirements of Domestic Relations Law §§ 12 and 25.

• Intent Alone May Not Prevent Legal Marriage
  The parties’ intent not to enter a legally recognized marriage is not decisive if they consented to a religious marriage that meets the state’s legal requirements.

• Protect Your Legal Intentions
  To avoid unintended consequences, individuals who wish to prevent their marriage from being legally recognized should seek legal counsel before entering any ceremony, religious or otherwise, that could meet the statutory requirements for marriage.

• Tax Filings Are Not Determinative
  Filing taxes as unmarried does not automatically bar a party from asserting marital status in court.

For individuals in situations similar to Spalter v. Spalter, the following options are worth considering:

1. Legal Counsel Before Ceremony
   Engage a family law attorney to ensure that a religious or ceremonial union aligns with your legal intentions.

2. Post-Ceremony Legal Action
   If disputes arise regarding the validity of a marriage, parties can seek declaratory relief in court to determine their marital status.

3. Prenuptial Agreements
   While not addressed in this case, prenuptial agreements can be an effective tool for defining financial and legal rights, even in religious marriages.

4. Clarity Around Intentions
   Communicate and document intentions regarding your relationship's legal status to avoid future ambiguity or disputes.

The Spalter case highlights the complexity of New York’s marriage laws and the challenges that can arise from religious ceremonies that blur the lines between religious and legal obligations. At Mindin & Mindin, PC, we specialize in helping clients navigate these sensitive and intricate matters. If you have questions about your marital status or need guidance on marriage, divorce, or family law issues, contact us today at 888.501.3292 to schedule a consultation.

Your peace of mind is our priority. Let us help you achieve clarity and resolution.

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(Full Case:
The parties took part in a religious wedding ceremony officiated by a rabbi under a chuppah, with 29 guests and featuring traditional Jewish rites and blessings. They obtained a ketubah [Jewish wedding contract] which was signed by two witnesses, signed a separate document that stated they were entering into a “marriage that is binding under Jewish law” but not “legally recognized” under New York law and signed an arbitration agreement referring to them as “husband-to-be” and “wife-to-be,” in which they authorized the Beth Din to preside over marital disputes. However, they never obtained a civil marriage license, and according to defendant, held themselves out as single, lived separate lives and only entered into the religious marriage to facilitate their children's acceptance into day schools and the family into synagogues. At the time of the ceremony the parties had two children together, and now have four, three of which are children with special needs.
The motion court properly determined that the parties’ marriage is valid (Domestic Relations Law §§ 10, 12, 25), as defendant failed to overcome New York's strong presumption favoring the validity of marriage. This strong presumption of the validity of marriage is even greater where, as here, the legitimacy of children is concerned.
Domestic Relations Law § 12, provides, as relevant, that no particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman if the parties solemnly declare in the presence of a clergyman and at least one other witness that they take each other as spouses. Although Domestic Relations Law § 13 requires all persons intending to be married in New York to obtain a marriage license, § 25 provides that nothing in Domestic Relations Law article 3 shall be construed to render void by reason of a failure to procure a marriage license any marriage solemnized between persons of full age. As the parties’ marriage was solemnized by a rabbi with witnesses in a traditional Jewish ceremony, their failure to obtain a marriage license does not invalidate the marriage.
That the parties may not have intended to have their marriage legally recognized under New York law is not dispositive because while marriage is a contract between two consenting individuals, it is a special status governed by laws and the State and not determined by those entering the contract.
Although Domestic Relations Law § 10 clearly requires that both parties consent to the marriage, that requirement was met here. The record shows that, while the parties signed a document that stated that their marriage was not “legally recognized” under New York law, the parties consented to the marriage, especially in light of their acknowledgment in that same document that they were “entering into a marriage that is binding under Jewish law.”
Even though defendant claims that plaintiff has listed herself as unmarried in her tax returns, this does not prevent her from arguing that the parties were married. The proposition that “a party to litigation may not take a position contrary to a position taken in an income tax return” (Mahoney–Buntzman v. Buntzman, 12 N.Y.3d 415, 422, 881 N.Y.S.2d 369, 909 N.E.2d 62 [2009]), does not apply to the question of marital status, which is a mixed question of law and fact.

Spalter v. Spalter, – NYS3d – , 2025 WL 51871 (1st Dep’t. 2025))

Financial Disclosure in Prenups: A Road to Building Stronger Enforceable Agreements

When it comes to creating prenuptial agreements in New York, the law sets a surprisingly low bar for financial disclosure. However, that doesn’t mean couples should skip this vital step. While legally optional to some extent, financial transparency can strengthen a prenup’s enforceability, improve negotiation outcomes, and foster trust in a marriage. Let’s explore how financial disclosure impacts prenups, the legal nuances in New York, and the strategic considerations that can help protect both parties.

What New York Law Requires

In New York, a prenuptial agreement must:

1. Be in writing.

2. Be signed by both parties.

3. Be acknowledged in the same manner as a deed.

Unlike other states, New York does not mandate financial disclosure for a prenup to be valid. This means a prenup can be enforceable even if no financial details are exchanged. However, courts may scrutinize a lack of disclosure if there are signs of fraud, coercion, or significant unfairness. Our policy for all agreements is that there should be some baseline level of financial disclosure.

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Some Examples of why we require SOME level of financial disclosure:

Fraudulent Disclosures: If a party misrepresents their financial situation, the agreement could be voided. If your partner relied on inaccurate information that could be detrimental to them, this can really weaken your marital agreement.

Overreaching: When one party uses undue influence or takes advantage of the other, courts may intervene in the interest of justice.

This leniency contrasts with jurisdictions under the Uniform Premarital Agreement Act (UPAA), where comprehensive financial disclosure is a prerequisite for enforceability.

Why Financial Disclosure Still Matters

Even though not legally required, financial transparency is a practical and strategic advantage when drafting a prenup. Here’s why:

Stronger Legal Protections

Disclosing assets, liabilities, and income bolsters the agreement’s enforceability. Courts are more likely to uphold a prenup if both parties had a clear understanding of the financial landscape at the time of signing.

Better Negotiation Outcomes

Transparent financial information allows couples to negotiate terms that accurately reflect their circumstances. This is particularly important in:

Title Controls Agreements: Where separately titled assets remain individual property, disclosure ensures clarity about what each party is waiving. I will refer to this as making a decision “knowingly and intelligently”.

Trust-Related Assets: Disclosing interests in irrevocable trusts or future inheritances can help craft equitable terms, especially when such resources impact the marital standard of living.

Preserving Relationship Trust

Refusing to disclose financial details can create doubt and strain. Prenups are not just legal documents; they set the tone for a marriage. Open communication about finances fosters mutual respect and confidence.

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Key Areas to Address in Financial Disclosures

Couples should aim to disclose financial information comprehensively, including:

Assets, Liabilities, and Income

This is the foundation of financial disclosure. Both parties should provide details about:

- Real estate holdings

- Investments

- Retirement accounts

- Outstanding debts

- Annual income

Trust Interests

Beneficial interests in irrevocable trusts should be disclosed, even if they are excluded from equitable distribution by default. Trust-related disclosures can protect the trust while ensuring fairness.

Future Inheritances

While not legally required and sometimes highly speculative (who can ever be 100% sure if you will ever actually collect an inheritance), discussing anticipated inheritances can help couples plan for lifestyle impacts and potential power imbalances.

Strategic Considerations for Drafting Prenups

Customizing Protections: For high-net-worth individuals, disclosing trust interests or other significant assets can help tailor provisions that protect family wealth while addressing the non-wealthy spouse’s needs.

Addressing Power Imbalances: Prenups can include provisions to mitigate disparities, such as income supplements or access to marital property.

Anticipating Lifestyle Needs: Consider the financial realities of your marriage, including shared living arrangements and potential changes in income dynamics.

Financial Disclosure as a Foundation for Success

While financial disclosure isn’t a legal obligation for prenuptial agreements in New York, its benefits are undeniable. A thorough and honest approach strengthens legal enforceability, streamlines negotiations, and fosters trust between partners. Whether safeguarding significant assets or ensuring fairness in your future marriage, transparency is vital in building a successful prenup—and marriage.

If you’re considering a prenuptial agreement, contact us today at Mindin & Mindin, P.C. to learn how financial disclosures can protect your interests and create a fair foundation for your future together.

Foster v Foster's High Net Worth Divorce Issues

There is a highly contested legal battle being covered by the New York Post (https://nypost.com/2024/10/29/us-news/estranged-wife-of-destitute-private-equity-big-gripes-about-10g-monthly-allowance/) and I couldn’t help but weigh in on it. In this high-profile divorce case involving Stephanie Foster and her estranged husband, John H. Foster, a number of legal and ethical issues have surfaced, presenting highly contentious situation. The case not only highlights financial disputes common in high-net-worth divorces but also raises questions regarding asset disclosure, spousal support, and potential privacy violations. As we break down the legal aspects of this ongoing litigation, it is essential to understand what options are available to both parties at this stage, how New York courts generally approach such matters, and the possible outcomes.

Key Legal Issues in the Foster Divorce Case

Spousal Support and Lifestyle Maintenance

• One of the primary issues in this case revolves around spousal support, specifically whether Stephanie Foster is receiving adequate financial support during the divorce proceedings.

• Stephanie testified that John initially provided her with a $10,000 monthly allowance, which was cut in half and eventually eliminated. She was forced to submit expense reports to his management company for reimbursement, which raises questions about her financial well-being during the divorce.

• In New York, temporary spousal support, or pendente lite, is often awarded to ensure that the lower-earning spouse can maintain a similar lifestyle to what they enjoyed during the marriage. This is particularly relevant in high-net-worth divorces like this one, where the parties lived an extravagant lifestyle before separation. The court will consider both parties' financial resources, needs, and living standards established during the marriage.

• The drastic reduction in Stephanie’s allowance could be challenged by her legal team, who may argue that it does not adequately reflect the standard of living to which she was accustomed during the marriage.

Asset Disclosure and the ‘Net-Worth Strategy’

• Another critical issue in this case is John Foster's alleged concealment of assets. According to Stephanie, her husband has been hiding his wealth while claiming financial destitution.

• Text messages reportedly show John thanking his lawyer for a "net-worth strategy" that left Stephanie believing he was bankrupt. This revelation could have significant implications for the case, especially if the court determines that John has misrepresented his financial status in bad faith.

• Under New York law, both parties in a divorce must fully disclose their assets and liabilities through a Statement of Net Worth. If it is proven that John intentionally concealed assets or provided false financial information, the court could impose serious penalties, including adjusting spousal support or dividing marital property in Stephanie’s favor. As mentioned by the presiding judge, there could also be ethical ramifications for John and his legal team.

• Fraudulent concealment of assets is a serious issue that can impact the division of marital property. Courts have discretion in punishing non-disclosure, potentially awarding a larger portion of marital assets to the innocent spouse.

  Prenuptial Agreements

  • Stephanie also referenced a prenuptial agreement she refused to sign before the couple’s 2009 marriage because it would have left her with “nothing.” While this prenup was not executed, its existence raises questions about how the couple initially viewed their financial arrangements.

  • Had the prenuptial agreement been signed, it would have significantly impacted the division of assets. However, since it was not, Stephanie will likely argue that all assets accumulated during the marriage should be subject to equitable distribution, a key principle in New York divorce law.

  • In New York, equitable distribution requires that all marital property, including income earned during the marriage and property purchased together, be divided fairly (though not necessarily equally) between the spouses. Assets such as John’s private equity firm, properties, and other high-value holdings could all be considered marital property if they were acquired or increased in value during the marriage.

• Privacy and Legal Violations

  • The privacy issues John’s legal team brought up regarding Stephanie’s access to his private communications add another layer of complexity. John’s lawyers accused her of improperly accessing his phone and violating attorney-client privilege.

  • While New York courts generally take privacy violations seriously, there is also the question of evidence admissibility. If the texts prove that John concealed assets or misrepresented his net worth, the court may still allow this evidence, especially if it proves relevant to determining spousal support or division of assets.

  • The court will have to weigh the privacy concerns against the potential fraud revealed by the texts. Illegally obtained evidence may be excluded, but if it is crucial in uncovering asset concealment, the judge may consider the broader implications of fairness in the case.

Options Available to the Parties

1. Stephanie Foster’s Legal Strategy

   • Stephanie’s legal team can seek an emergency motion for spousal support or an increase in temporary support payments, arguing that her current financial situation is unsustainable, especially given the extravagant lifestyle they lived during the marriage.

   • Her legal counsel may also push for forensic accountants to analyze John’s financial records in greater detail, especially given the accusations of asset concealment. Forensic experts could help uncover hidden assets or wealth that John has transferred to other entities.

   • Regarding the text message evidence, Stephanie’s legal team should prepare to defend the manner in which the information was obtained while arguing that its relevance to the case outweighs any potential privacy violation.

2. John Foster’s Legal Options

   • John’s defense will likely focus on discrediting the evidence that Stephanie obtained from his phone, claiming it was accessed illegally and should not be admissible in court.

   • Additionally, he may argue that his financial situation has changed, which would justify the reduction or elimination of spousal support. His legal team must provide credible financial documentation to back up these claims.

   • Given the potential ethical violations raised by the judge, John may also need to review his legal strategy and ensure full compliance with asset disclosure rules to avoid further penalties or sanctions.

LEON MINDIN, ESQ’s Legal Opinion

The issues in the Foster divorce case touch on several critical aspects of New York family law: asset disclosure, spousal support, privacy, and the implications of high-net-worth divorces. If John is found to have deliberately hidden assets or misrepresented his financial situation, the court may not only impose punitive measures but also significantly alter the financial outcome in Stephanie’s favor.

Stephanie’s accusations of financial manipulation, coupled with her claim of dwindling financial support, suggest that she may have a strong case for increased spousal support and a more equitable distribution of marital assets. However, the privacy violation accusation related to the text messages could complicate matters, especially if the court deems the evidence inadmissible.

Ultimately, this case highlights the importance of full financial disclosure in divorce proceedings, particularly in cases involving high-net-worth individuals. Both parties must tread carefully, as missteps in either asset disclosure or privacy violations could severely impact the final outcome.

In high-net-worth divorce cases like this, the stakes are high, and every legal move matters. As Stephanie and John continue their legal battle in New York County Supreme Court, the court must carefully weigh issues of spousal support, asset concealment, and privacy violations. Both parties should prepare for a prolonged legal fight. Still, the outcome will likely hinge on the court’s findings regarding John’s true financial situation and the admissibility of the controversial text message evidence.

Should You Start Your Divorce Before or After the Holidays? A Guide for New Yorkers

The holiday season in New York City is a magical time—twinkling lights adorn the streets, festive markets pop up in every borough, and there's a general sense of joy in the air. But for those in an unhappy marriage, this time can also bring added stress and difficult decisions. One question often arises: Should I begin the divorce process now, or wait until after the holidays?

As a millennial divorce attorney in NYC, I've seen many clients ask me about this dilemma. My advice is usually “the sooner you start, the sooner you finish.” Let's explore the factors to consider so you can make the best choice for your situation.

Pros of Waiting Until After the Holidays

Minimizing Stress During a Busy Season

The holidays are hectic enough without adding divorce proceedings into the mix. Waiting can help you avoid overwhelming yourself during an already stressful time.

Financial Considerations

Year-end expenses like gifts, travel, and parties can strain your budget. Starting the divorce process might mean additional legal fees and financial adjustments. Waiting until January could give you a clearer financial picture for asset division.

Preserving Family Traditions for the Kids

If you have children, maintaining family traditions for one more season can provide them with a sense of stability and normalcy.

Avoiding Emotional Anniversaries

By not associating the holidays with the announcement of a divorce, you might prevent future emotional triggers for yourself and your family.

Pros of Starting the Divorce Process Now

Prioritizing Personal Well-being

If your marriage involves emotional or physical abuse, it's crucial to prioritize your safety. The holidays can sometimes exacerbate tensions, making it a risky period to delay.

Reducing False Hope

Waiting might give your spouse the impression that the relationship is salvageable. Being honest about your intentions can prevent misunderstandings.

Avoiding Awkward Social Situations

Holiday parties and family gatherings can be uncomfortable if you pretend everything is fine. Starting the process now allows you to set boundaries and perhaps skip events that add stress or escalate tension with in-laws.

Gaining a Head Start

Initiating the process now means you're one step closer to beginning your new life in the new year. It can be empowering to take action rather than feeling stuck.

Factors to Consider

Your Co-Parenting Relationship

How well are you and your spouse able to cooperate, especially during stressful times? If tensions are high, it might be better to start addressing the issues sooner.

Holiday Plans

Do you have significant plans like a family vacation? Consider how starting the divorce might impact these events.

Support System

Think about how friends and family will react. A strong support network can make the transition smoother.

Financial Readiness

Assess your financial situation. Can you afford to start the process now, or would it be better after receiving year-end bonuses or tax returns?

If You Decide to Wait

Even if you choose to hold off on initiating the divorce until after the holidays, you can still use this time productively.

Educate Yourself**

Research New York's divorce laws, especially concerning asset division, spousal support, and child custody. Understand the differences between mediation, collaborative divorce, and litigation.

Gather Financial Documents

Collect statements for bank accounts, investments, debts, and any other financial records. Having these documents ready will make the process smoother when you do start.

Consult Professional Attorney Advice

Schedule a consultation with us at Mindin & Mindin to learn more about your rights in a divorce. CLICK HERE TO CALL US.

Plan for the Future

- Think about your goals post-divorce. Start budgeting for the changes ahead.

There's no right or wrong answer—only what's best for you and your family. Whether you choose to wait or to start now, being informed and prepared can make a significant difference in your experience. The decision to divorce is deeply personal. Take the time you need to make the choice that's right for you.

Understanding Custody Modifications in New York: How the Court Applies Tropea Factors in Recent Cases (October 2024 Update)

Custody arrangements often evolve as the parents or children’s circumstances change, and modifications can be essential to accommodate the best interests of the child. In New York, custody modifications require courts to assess multiple factors, especially when one parent seeks to relocate. This was clearly illustrated in the recent case, Cornielle v. Rosado (2024), where the court examined key considerations in determining custody and parental access. Below, we’ll explore this case to show how New York courts apply the Tropea factors and ensure a balanced approach to custody arrangements.

The Role of Tropea Factors in New York Custody Modifications

The landmark Tropea v. Tropea decision established that courts must carefully evaluate the best interests of the child in relocation cases by considering several factors. These include:

1. Which arrangement will best promote the child’s stability.

2. The quality of the home environments available to each parent.

3. Each parent’s past performance in caregiving.

4. Each parent’s relative fitness and ability to foster a positive relationship between the child and the noncustodial parent.

5. The child’s preferences, depending on their age and maturity.

While the Tropea factors are essential in relocation cases involving an existing custody order, the court views these factors differently when there is no prior order.

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Cornielle v. Rosado: A Case Study

In Cornielle v. Rosado, the Family Court initially granted the mother primary custody of the child, permitting her to relocate to Pennsylvania. The court applied the above factors, considering relocation as one aspect among several. THE COURT emphasized that each factor must be balanced as part of the broader assessment of the child’s needs, rather than any single factor being decisive.

Joint Custody: Not Always the Right Fit

While joint legal custody is often encouraged for stable and communicative co-parents, it isn’t suitable in cases where conflict impairs cooperation. In Cornielle v. Rosado, the court found joint legal custody unsuitable due to the contentious relationship between the parents. The court stressed that joint custody requires amicable co-parenting and communication, qualities which were absent in this case. As a result, sole custody was awarded to the mother, allowing her to make primary decisions for the child’s welfare.

Parental Access and the Right to Maintain Bonds

The court also addressed the father’s right to reasonable parental access, which is a joint right held by both the noncustodial parent and the child. Courts generally avoid limiting parental access unless extraordinary circumstances indicate potential harm to the child’s well-being. In this case, although the court granted the father limited weekend access, the initial schedule failed to support his relationship with the child sufficiently.

Given that the child’s relocation to Pennsylvania posed logistical challenges, the court ordered a new visitation schedule that prioritized quality time.

The Importance of a Defined Parental Access Schedule

A clearly defined parental access schedule prevents disputes and ensures each parent understands their time with the child. By outlining exact dates and special occasions, the court helps avoid ambiguity and reduces the need for ongoing negotiation between parents. In Cornielle v. Rosado, the court emphasized that the new arrangement should be free of parental consent requirements from the custodial parent to protect the father’s visitation rights and strengthen his relationship with the child.

Key Takeaways for Parents Seeking Custody Modifications

This recent case highlights important lessons for parents involved in custody modifications in New York:

1. The Best Interests of the Child Are Paramount: New York courts prioritize the child’s stability, well-being, and relationships with both parents when assessing custody modifications.

2. Joint Custody Requires Cooperation: Joint custody is only appropriate when both parents can maintain a positive co-parenting relationship. In high-conflict cases, sole custody may better serve the child’s best interests.

3. Clear Parental Access Is Essential: A defined access schedule is crucial to preserving the child’s relationship with the noncustodial parent and minimizing conflict.

4. Relocation Is One Factor in a Broader Assessment: Relocation alone doesn’t determine custody decisions. Courts carefully consider the move's impact on the child’s stability, schooling, and relationship with the noncustodial parent.

Understanding these principles can help parents approach custody modifications more strategically, ensuring they focus on arrangements that truly benefit their child. Contact us for more information if you are seeking assistance with your custody or relocation matter!

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Domestic Violence in New York City Divorce: Beyond Physical Abuse

When most people think of domestic violence, they typically imagine physical abuse. While this is one form of domestic violence, the reality is that it extends far beyond the physical. For millennial couples going through divorce or custody battles in New York City, understanding the many facets of domestic violence is crucial, especially as it can shape the trajectory of legal actions, including divorce, child custody, and financial settlements.

I will break down what constitutes domestic violence, how it impacts divorce proceedings in New York City, and why recognizing non-physical forms of abuse is essential in protecting yourself and your rights.

Expanding the Definition of Domestic Violence

The classic definition of domestic violence involves physical harm, but in reality, it includes much more. Domestic violence is any behavior used to establish power and control over another person in an intimate relationship. This can manifest through:

• 1. Psychological Abuse: Manipulating or controlling a partner's emotions. This includes isolation from family or friends, constant criticism, and verbal degradation, making the victim feel worthless or powerless.

• 2. Financial Abuse: Controlling or limiting access to financial resources. In many relationships, one partner may control all the finances, making it impossible for the other to leave or even afford legal help during a divorce.

• 3. Verbal Abuse: Constant insults, threats, or humiliation intended to weaken a person’s self-esteem and independence.

• 4. Sexual Abuse: Forcing or coercing a partner into unwanted sexual activity, or using sex as a weapon in the relationship.

• 5. Litigation Abuse: In some cases, the abuser will use legal means, such as dragging out divorce proceedings or filing unnecessary motions, to further control their partner. This is often a tactic used by a financially dominant spouse to exhaust their partner's resources.

Recognizing these forms of abuse is essential, as many victims may not even realize they are experiencing domestic violence until they step back and examine the broader picture.

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The Cycle of Abuse: A Key Component in Divorce Cases

For millennial couples in New York City, the cycle of domestic violence plays a pivotal role in legal battles, particularly in divorce and custody disputes. This cycle often follows a pattern:

• 1. Tension-Building Phase: The abuser becomes increasingly agitated. Victims often describe this phase as "walking on eggshells," feeling constant anxiety without knowing when the next outburst will occur.

• 2. Explosion: This is when the abuse happens. It could range from verbal lashings to physical violence. In many cases, it’s unpredictable, leaving the victim shaken and uncertain of what caused it.

• 3. Honeymoon Phase: After the explosion, the abuser often apologizes or tries to make amends, offering gifts, affection, or promises of change. This temporary phase gives the victim hope, but the cycle inevitably begins again.

  Understanding this pattern can be key in court cases. In New York, the court takes these dynamics into account when assessing the safety of children and the division of assets in divorce proceedings. Lawyers and judges look closely at the history of domestic violence to ensure that victims and their children are protected from further harm.

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The Impact of Domestic Violence on Divorce Settlements

For millennials in New York City, the divorce process can be even more complex when domestic violence is involved. Here’s how domestic violence can affect different aspects of your divorce:

• Custody Arrangements: New York courts prioritize the best interests of the child, and a history of domestic violence can significantly impact custody decisions. Courts are unlikely to grant custody or unsupervised visitation to a parent with a history of abuse, particularly if there is evidence of harm or threats to the child.

• Financial Settlements: Financial abuse often surfaces during divorce proceedings. In cases where one spouse controls all the finances, courts can take measures to ensure a fair distribution of assets, possibly awarding more to the victim to help them rebuild their life.

• Orders of Protection: If you are a victim of domestic violence, obtaining an Order of Protection (similar to a restraining order) can be a vital step in ensuring your safety and that of your children during the divorce process. New York courts can issue Orders of Protection that prevent the abuser from contacting or coming near the victim and their children.

• Litigation Abuse: If your spouse is using the legal process to harass or financially burden you, this is another form of control. New York courts recognize this tactic and may sanction or penalize the abuser, ensuring that the divorce process proceeds more fairly.

Protecting Yourself: What to Do if You’re Experiencing Domestic Violence

If you are in a relationship where domestic violence is present, here are some steps you can take to protect yourself:

• 1. Document Everything: Keep a record of any incidents of abuse, including photos, messages, and dates. This will be invaluable during legal proceedings.

• 2. Seek Legal Help: Contact an attorney experienced in domestic violence and family law. They can help you file for an Order of Protection, navigate the divorce process, and ensure that your rights are upheld.

• 3. Plan for Your Safety: If you’re in immediate danger, create a safety plan that includes finding a safe place to go, keeping important documents on hand, and notifying trusted friends or family.

• 4. Reach Out to Support Services: In New York City, there are numerous resources available for victims of domestic violence, including shelters, counseling services, and legal aid. Organizations such as Sanctuary for Families provide comprehensive support to help you through this challenging time.

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Don’t Let Domestic Violence Define Your Future

Domestic violence, in all its forms, is a serious issue that impacts countless individuals in New York City. For millennials going through divorce, recognizing the signs of abuse and understanding your legal rights can empower you to take control of your situation. Whether it’s physical, psychological, financial, or verbal abuse, no one deserves to live under the control of another person.

If you're experiencing domestic violence, reach out to our experienced attorneys at Law Offices of Mindin & Mindin, P.C. and take legal action, and protect your future. The process of divorce is already challenging, but with the right support and knowledge, you can come through stronger and rebuild your life.

What to Say in New York City Family Court: Essential Tips for Success in Custody Cases

Working your way through the New York City Family Court can be daunting, especially if you have an upcoming hearing. Whether you’re representing yourself or working with an attorney, understanding what to say in court is crucial for presenting a persuasive case. This guide offers key insights tailored to the unique environment of NYC courts, helping you prepare effectively and boost your chances of success!

Preparation is Key

New York City courts are notoriously busy and fast-paced, not to mention still catching up on the backlogs from the COVID-19 pandemic, which means you’ll likely have limited time to present your case. The first step to a successful court appearance is thorough preparation. Instead of throwing every possible detail into your argument, focus on the most important points that align with the legal standards of your case. In NYC, especially in family law cases, the “best interest of the child” standard is paramount. Understanding this and other relevant laws is essential for framing your argument effectively.

Understand the Law and the Judge’s Perspective

In New York City, family law judges and court referees are primarily concerned with the well-being and safety of children. It’s important to present your case with this in mind. Start by researching the specific laws that apply to your case—whether it is custody, visitation, or child support. Knowing the legal framework will help you focus your arguments on what matters most to the judge.

Your argument should be concise and focused on key points that directly relate to the legal standards. Avoid overwhelming the court with too much information, as this can dilute your strongest arguments and the Judge will not give you an opportunity to be heard. Instead, develop a clear “through line” or central theme that ties all your points together.

Example: If the central issue is the child’s safety, every point you make should relate back to that theme, such as how the current living arrangements affect the child’s well-being.

Your Argument: Less is More

In a city as busy as New York, judges don’t have time to sift through unnecessary details. Limit your points to the most compelling arguments. If you’re representing yourself, resist the urge to cover every aspect of your case. Instead, focus on the facts and evidence that support your main argument.

When crafting your argument:

- Start with a high-level summary of your case.

- Use the “through line” technique to ensure all your points support the central theme.

- Avoid personal attacks or emotional appeals that don’t contribute to your legal argument.

Pro Tip: Work with a legal coach or consult with a skilled attorney at Mindin & Mindin, P.C. who will make the argument on your behalf. An experienced professional can help you identify the strongest points and anticipate the judge’s questions or concerns.

Know What the Court Wants

Judges in New York City are trained to think logically and analytically. They’re looking for arguments that make sense and are backed by admissible evidence. Before your hearing, think about what the judge needs to know to rule in your favor. Focus on presenting your case logically and clearly, avoiding any irrelevant details that could distract from your main points.

For example, if your case involves a dispute over child custody, the judge will be interested in how each parent’s situation affects the child’s best interests. Highlight facts that demonstrate stability, safety, and the ability to meet the child’s needs.

Pro Tip: Keep your argument child-focused. Judges are more likely to respond favorably if they see that your primary concern is your child's well-being and not your own comfort.

Practice Your Delivery

Taking the time to practice your delivery can make a big difference. Practice speaking clearly and confidently, and make sure you stay on point. If you’re nervous, remember that preparation will help you channel those nerves into a focused and persuasive argument.

If you have an attorney, work with them to understand why they might choose to emphasize certain points and not others. Trust their experience—they know what will resonate with the judge.

Appearing in New York City Family Court can be intimidating, but with the right preparation and understanding of the legal framework, you can present a compelling case. Focus on the key points, understand the judge’s perspective, and practice your delivery to ensure you make the most of your time in court.

Need more help? If you’re navigating the NYC Family Court system and need additional support, consider giving us a call at Mindin & Mindin, P.C. to see how we can help you increase your chances of success.