The term “expenses” typically refers to costs that are truly expended. In the legal case Herman v Herman (2023), a divorce judgment included a settlement stipulation that wasn’t merged into the judgment. The plaintiff sought child support add-on expenses totaling $31,128, which the Supreme Court partly granted. However, the Appellate Division overturned this decision, stating that the court misinterpreted the clear and unambiguous stipulation. According to the stipulation, the defendant was obliged to pay a percentage of child support add-on expenses actually incurred, not a fixed amount regardless of the actual expenses. The term “expenses” in the stipulation referred to costs genuinely expended, not a pre-set amount.
Despite doubts about the father’s biological tie to the child, his unopposed acknowledgment of paternity granted him legal parental status in this custody case. In Matter of Autumn B. v. Jasmine A. (2023), Jasmine A. (mother) and Glenn ZZ. (father) were the parents of the child, born in 2014. Although the father’s paternity was questioned, he had undisputedly signed a voluntary acknowledgment of paternity after the child’s birth, maintaining its validity. Raised by maternal grandparents, who the child recognized as parents, the child’s aunt initiated proceedings after the grandmother’s death in 2020. The Family Court awarded sole custody to the aunt, allowing the father limited supervised video and in-person visitation. The Appellate Division acknowledged initial focus on the father’s alleged lack of biological connection but ultimately upheld his legal parentage due to his unchallenged paternity acknowledgment. It dismissed the father’s claim of misunderstanding the law and rejected his argument about the aunt’s failure to prove extraordinary circumstances. Based on the Family Court’s findings and credibility determinations, the Appellate Division supported the decision to grant sole custody to the aunt, noting the absence of evidence showcasing the father’s caregiving or meaningful relationship with the child.
Divorce is ugly and we all know it. The good news is that having a good attorney on your side can provide you with warmth, comfort and security in this difficult situation. We hope you did not have kids before the divorce, but if you did, we will try to help everything related to custody go smooth as well. Whether you are facing a contested or uncontested divorce you can reach out to our Queens Divorce Attorney today to schedule & fast & free legal consultation.
Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Rego Park, NY 11374 (718) 206-2050 https://
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