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Clifford J. Petroske
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Clifford Petroske’s Legal Cases

14 total


  • Janofsky v. Janofsky

    Practice Area:
    Divorce and separation
    Date:
    Oct 15, 1996
    Outcome:
    Attorney prevailed on appeal from QDRO
    Description:
    I successfully appealed a Qualified Domestic Relations Order granted by the Nassau County Supreme Court, which ordered a husband to select a pension option to provide his former wife with death benefits if he died after retirement. I successfully argued before the Second Department that such a provision was improper because the parties' settlement agreement did not so provide.
  • Reynolds v. Reynolds

    Practice Area:
    Child support
    Date:
    Dec 30, 2002
    Outcome:
    Attorney succeeded in child support modification
    Description:
    The husband agreed to pay $400 per week in child support when the parties executed a stipulation of settlement in their divorce action. At that time the husband had recently lost a job where he earned approximately $96,000 per year, but expected to become re-employed at a similar income level. While the husband was thereafter able to secure another job, it was for substantially less income than he earned in his previous position. Ultimately, the husband began to fall behind in his support payments. The Suffolk County Supreme Court denied, without a hearing, the husband's motion for a reduction in his child support obligation. I successfully argued before the appellate court that the husband was entitled to a hearing to show that he made a good-faith effort to obtain employment that would have been financially comparable to the job he held before the divorce, and that his new salary represented a change of circumstances sufficient to warrant a downward modification of his child support obligation. I then negotiated a reduced child support obligation for the husband based on his current income, which was adequate to fulfill the children's needs.
  • Hinck v. Hinck

    Practice Area:
    Marriage and prenuptials
    Date:
    Oct 02, 2007
    Outcome:
    Successful defense of prenuptial agreement
    Description:
    The defendant made a motion to the Suffolk County Supreme Court in a divorce action to set aside the parties' prenuptial agreement. I successfully defended the prenuptial agreement both in the trial court and on appeal.
  • Skladanek v. Skladanek

    Practice Area:
    Divorce and separation
    Date:
    Mar 31, 2009
    Outcome:
    $690/week Maintenance, $41,217 Attorneys Fees
    Description:
    I obtained a judgment of divorce for the wife at trial which included exclusive occupancy of the marital residence until the youngest child graduates from high school, child support, maintenance of $690 per week for four years and $540 per week for two years thereafter, and an attorneys fee award of $41,217.83, all of which I successfully defended on appeal to the Second Department.
  • Lee v. Lee

    Practice Area:
    Alimony
    Date:
    Dec 22, 2009
    Outcome:
    $5800/month maintenance reinstated on appeal
    Description:
    The parties were married for over thirty years, during which the husband was a successful executive while the wife was a homemaker who managed the household and cared for the couple's four children. In the settlement of the divorce, the husband agreed to pay $5,800 per month in maintenance (alimony) to the wife for the rest of her life. He then sought to reduce his obligation after his retirement. I was able to prove to the Court that a reduction was not warranted, because even though he no longer had earnings from employment, the husband's post-retirement investment income was even greater than his earnings at the time of the divorce. Moreover, he continued to maintain an extravagant lifestyle, and supported his second wife with minimal contribution from her income or assets.
  • Bernholc v. Bornstein

    Practice Area:
    Divorce and separation
    Date:
    Apr 06, 2010
    Outcome:
    unfair divorce trial decision modified
    Description:
    I appealed a trial judge's decision which awarded my client only $900 for his interest in the appreciation in value of the marital residence. The appellate division agreed with my argument, and modified the amount to $34,189.96. The appellate division also found that the trial court erred in directing my client to pay 40% of his wife's credit card debt.
  • Katsaros v. Katsaros

    Practice Area:
    Marriage and prenuptials
    Date:
    Jan 18, 2011
    Outcome:
    defeated attack on pre-nuptial agreement
    Description:
    I successfully defended against the wife's attempt to get an increased share of the proceeds of sale of the marital residence, after the parties had agreed to a 50/50 split. The appellate division found her claims had no merit.
  • Zwillman v. Kull

    Practice Area:
    Child custody
    Date:
    Dec 13, 2011
    Outcome:
    obtained meaningful visitation for out-of-state father
    Description:
    After succeeding at trial to obtain my out-of-state client meaningful visitation with his daughter, I successfully defended the mother's appeal of that decision.
  • Gort v. Kull

    Practice Area:
    Child custody
    Date:
    Jun 13, 2012
    Outcome:
    obtained visitation order for paternal grandmother
    Description:
    After a lengthy hearing, I succeeded in obtaining an order granting my client visitation with her granddaughter. I then successfully defended the decision on appeal, where the Second Department held that "the grandmother and child had a meaningful, loving relationship, and the animosity between the grandmother and the mother is not a proper basis for denial of visitation to the grandmother."
  • Hinck v. Hinck

    Practice Area:
    Divorce and separation
    Date:
    May 04, 2012
    Outcome:
    dismissal of adversary's case, and counsel fees awarded
    Description:
    We were successful in dismissing the former wife’s attempt to set aside the parties divorce settlement agreement, and the opposing party was court-ordered to pay a portion of our client’s attorneys fees.