Divorce Lawyers New York - Recent Family Law Decisons (35)
RECENT FAMILY LAW DECISIONS (35)
Between Spouses
It is improper to award the property in a divorce action to the children because the Act contemplates the division of marital property between the spouses. The duty of support normally continues only during the minority of the child and there is no provision in the Act authorizing an outright conveyance of marital property, even in trust, which is unrelated to a child’s support or maintenance.
Changed Circumstances
Where the award to wife of use of the marital residence was not a part of the court’s property disposition, but was instead intended to be in the nature of an award of additional maintenance and child support, the duration of her occupancy was modifiable upon a showing of substantially changed circumstances.
Civil Procedure
Under this Act, conditions that justify the reopening of a judgment under the laws permit the revocation or modification of provisions as to property disposition.
Consent Decree
A consent decree regarding a property settlement did not affect the question of divorce, which was beyond the power of the parties to adjust by agreement or collusion, and as a contract, it was binding on the parties unless induced by fraud.
Credit
Since the right to receive a past-due alimony payment and the right to be relieved of paying taxes on a marital home were similar in that both were economic benefits, a supplemental judgment for divorce was modified to give the plaintiff full credit for having paid the taxes when the marital home was sold.
Fraud or Coercion
Generally, provisions as to property dispositions may not be modified; however, a settlement agreement will be set aside and vacated if procured by fraud, coercion, or if contrary to any rule of law, public policy, or morals.
A decree disposing of property upon divorce, based upon a separation agreement procured by fraud or coercion, may be modified via a motion under 735 ILCS 5/2-1401 if the injured party acts with reasonable diligence.
In Lieu of Maintenance
The husband’s assumption of car loan payments was in the nature of a property settlement in lieu of maintenance and did not terminate when the wife remarried, because the judgment provided terminate when the wife remarried, because the judgment provided that: the husband would pay the loan according to its current schedule; the loan was for a specific sum to be paid over a specific period of time; except for the husband’s payment of the marital debts, each party would surrender all claims to maintenance and all claims to the property of the other spouse; marital property was divided by a court giving consideration to whether the appointment was in lieu of maintenance; and neither the label attached nor the method of payment prescribed in the judgment conclusively determined the nature of the award.
