Preface In “Navigating the Matrimonial Preliminary Conference So You Don’t Sink the Ship,” which appeared in the Winter 2020 issue of this publication, we discussed each provision in the Preliminary Conference Stipulation/Order Form and explained that input from the client and others may be necessary before agreeing to certain of its provisions. We wrote about … Continued

22 N.Y.C.R.R. §§ 202.16, 202.16-a, 202.16-b, and 202.18, of the Uniform Rules for the Supreme Court and the County Court (“Uniform Rules”) are the “matrimonial rules.” Effective July 1, 2022, the matrimonial rules were revised to specifically incorporate 22 N.Y.C.R.R. Part 202 which contains many of the Commercial Division rules.1 In this article, we discuss the … Continued

The Pentagon has deployed thousands of servicemembers in response to the Russian invasion of Ukraine. Naval frigates, surveillance aircraft, artillery units and brigade combat teams are part of the first-ever NATO Response Force. As of the writing of this article, President Biden announced the stationing in Romania of a Brigade Combat Team from V Corps … Continued

RECENT LEGISLATION Adult Survivors Act becomes law, opening legal options for sexual assault survivors In 2019, Albany passed the Child Victims Act (CVA), which extended the criminal and civil statutes of limitations and opened a one-year “lookback window” to allow victims of childhood sexual abuse to sue their abusers and the co-conspiratorial institutions that facilitated … Continued

U.S. Supreme Court vacated the determination of the U.S. Court of Appeals for the Second Circuit. It found that the Hague Convention empowers our courts with judicial discretion to consider ameliorative measures that might facilitate the return of a child to its habitual residence while still protecting the child’s safety. However, consideration of all ameliorative … Continued

The leading standard governing child custody matters is the best interest of the child. This standard is referred to and cited in the seminal case of Friederwitzer v. Friederwitzer.1 Friederwitzer has been cited in many legal memoranda and cases concerning this standard. The best interest standard is used by the courts in deciding custody matters, and the standard … Continued

This commentary was initially slated to address the fallacy of the “speedy trial.” That, however, is for another day given the most recent decision of the United States Supreme Court, in Dobbs v. Jackson Women’s Health Organization,1 which overturned Roe v. Wade.2 The New York State Bar Association, along with many other similar organizations, has decried the decision in Dobbs.3 … Continued

1) Names, dates, other information in documents do not match up throughout the papers For example, plaintiff enters name as Mary Smith on summons and Mary Drew Smith on complaint. For example, the children’s dates of birth are different in the verified complaint and the plaintiff’s affidavit or are spelled differently or some forms contain … Continued

RECENT LEGISLATION New York Increases Income Caps for Maintenance and Child Support The Child Support Standards Act (CSSA) and the Maintenance Guidelines Act (MGA) have been updated in response to increases in the Consumer Price Index, published by the U.S. Department of Labor. On March 1, 2022, the combined income cap under the CSSA was … Continued

As many couples going through divorce or separation in New York are quickly learning, a few years back, the Legislature decided that creating a mathematical formula for calculating spousal support (also known as spousal maintenance) was a good idea. For years, New York has had a formula for calculating child support, so why not create … Continued