Attorney Clifford J. Petroske's Legal Cases

Alimony

Lee v. Lee

Dec 22, 2009

OUTCOME: $5800/month maintenance reinstated on appeal

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. I ... n 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.

Divorce and separation

Skladanek v. Skladanek

Mar 31, 2009

OUTCOME: $690/week Maintenance, $41,217 Attorneys Fees

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 $69 ... 0 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.

Marriage and prenuptials

Hinck v. Hinck

Oct 02, 2007

OUTCOME: Successful defense of prenuptial agreement

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 c ... ourt and on appeal.

Child support

Reynolds v. Reynolds

Dec 30, 2002

OUTCOME: Attorney succeeded in child support modification

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.

Divorce and separation

Janofsky v. Janofsky

Oct 15, 1996

OUTCOME: Attorney prevailed on appeal from QDRO

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 benefit ... s 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.

Clifford J. Petroske's Legal Cases (15)

Lee v. Lee

Skladanek v. Skladanek

Hinck v. Hinck

Reynolds v. Reynolds

Janofsky v. Janofsky