Divorce Lawyers New York - Recent Family Law Decisons (8)
RECENT FAMILY LAW DECISIONS (8)
Court Findings
Trial court failed to make the necessary findings regarding the creation of the trust under subsection (g) so cause was remanded for court to describe the terms of the trust with sufficient particularity.
Not Proper
A court’s order requiring respondent to establish a trust fund with the child support arrearages was not legally justified under this Act and deprived petitioner of a vested right.
Hearsay Evidence
Husband’s testimony as to the value of the home not only was of a self-serving nature but also constituted rank hearsay, and such testimony was inherently lacking in credibility.
Inventions
There was sufficient evidence in the record to support the trial court’s finding as to the value of “inventions.”
Just Apportionment
Valuation of marital property is necessary in order to reach a just apportionment except where the parties are awarded percentage interests in a particular item.
Lack of Evidence
Where evidence on marital property valuation is totally lacking, there is no basis upon which an appeals court can review the propriety of the trial court’s determination.
Record of Value
Evidence of the value of both marital and non-marital assets must be shown on the record in order for a reviewing court to determine the propriety of the division of marital property.
Right to Appeal
The failure to offer evidence of the value of assets subject to division upon the dissolution of a marriage does not necessarily waive the right to appeal on this issue.
