In negotiating spousal support or requesting an award of spousal maintenance from the court, we now start with the maintenance guidelines set forth in the Domestic Relations Law.1 The statute provides for a presumptive calculation on the amount of spousal support and addresses duration. The durational aspect as relates to final maintenance contains both advisory guidelines … Continued
Scenario: a potential client walks into your office for a consultation. They say: “I have a custody relocation case and I want to know my chances of winning.” You solicit the basic facts of the case from them, going through the common factors the courts consider in such cases. Toward the end of the consultation, … Continued
Recent Legislation New York becomes first state to require CLE credits in cybersecurity So much of our legal work revolves around the use of computers and technology, which poses an ever-present security threat to clients, whose personal data could be hacked and whose private communications could fall into the hands of cyberthiefs. Recognizing these growing … Continued
Following on Part I of the analysis of the Preliminary Conference Form from the fall 2022 issue of Family Law Review, we continue to address herein the rules governing matrimonial actions that must be considered when attending a Matrimonial Preliminary Conference after June 30, 2022. H. EXPERTS Valuation/Financial Experts and Other Experts The form requires … Continued
With contested initial custody and custody modification matters seemingly proliferating at a higher rate, post-COVID, than ever before, there is equally rampant ongoing discussion criticizing various aspects of the process. These run from delay in having matters heard to conclusion, to the role of the child’s attorney (in concept and in actuality),1 to due process … Continued
In May 2019, upon recommendation by an Advisory Committee on Alternative Dispute Resolution (ADR), former Chief Judge Janet DiFiore and former Chief Administrative Judge Lawrence K. Marks announced the implementation of “presumptive ADR.” The goal of the program is to automatically refer the vast majority of civil cases, including but not limited to matrimonial actions, … Continued
Prevalence of Alcohol Misuse in Custody Cases It is estimated that 10% of children live with a parent who abuses alcohol. According to the American Academy of Child and Adolescent Psychiatry (AACAP), one in five adult Americans grew up in homes with some degree of substance abuse.1 Furthermore, the National Center for Biotechnology Information (NCBI) conducted … Continued
By now, we should all know how this works. Child support as is set forth in the Child Support Standards Act (CSSA) since 1989 is a formula.1 The Court of Appeals in Cassano v. Cassano2 further elaborated upon the statutory three-prong test in order to determine parental income and the presumptive amount of child support. The Court of … Continued
RECENT LEGISLATION Remote notarization becomes a permanent reality, rather than a pandemic necessity The New York legal system has made some remarkable technology changes worth appreciating. For generations, family law attorneys had to march into the courthouse to deliver their motions. Now, with Electronic Document Delivery System, a few clicks completes the job. For years, … Continued