Alienation Dynamics
December 31, 2015
Alienation dynamics that are purported to operate within a separating and divorcing family are among the most common allegations in child custody litigation. In this article, we discuss the scientific basis of the concept of "alienation" and provide a road map for direct and cross-examination of expert witness testimony.
'Forensic Clairvoyance'
December 31, 2015
Attorneys take a variety of approaches to client preparation in advance of a child custody evaluation, ranging from a "hands-off" stance to hours of guidance. Sadly, trust in the fairness of the evaluation process is, in some cases, quite misplaced, and can lead to unfortunate outcomes.
Dangers of Relying on a Single-Period Capitalization Mode
November 30, 2015
The biggest danger to matrimonial attorneys is that the valuation professional will only give this single-period model as the sole support for the opinion, seemingly ignoring other market evidence and asset/liability components. If this is the situation, the matrimonial attorney should understand how to attack the opposing expert, or seek support of his/her expert in a hearing to rehabilitate the expert following a cross-examination scrutiny.
The Uniform Premarital and Marital Agreements Act
November 30, 2015
Part One of this article described the genesis of the uniform acts ' UPMAA and UPAA ' and compared New York law with the Acts. Part Two reviewed other differences between New York law and the UPMAA and UPAA. The third and final part herein discusses variations in the acts.
Child Support Calculations Under Various State Laws Reveal Widely Varying Amounts
November 30, 2015
This article outlines essential elements for the calculation of child support under the statutory schemes in New York, Florida, Pennsylvania and Washington. Each section includes a calculation of child support for one child assuming the residential or custodial parent earns an income of $50,000 and the non-residential parent earns $100,000.
Addressing the Dissipation of Marital Assets in a Divorce Case
November 02, 2015
At what point does one spouse's gifts to family and friends, or their bad investments and/or extravagant spending, become considered dissipation in the eyes of an adversary looking to review a case or the judiciary, and what remedies are available to a spouse where a dissipation has been found to have occurred?
Rules of Evidence
November 02, 2015
It is of great frustration for family lawyers to practice with other lawyers who do not know the simple Rules of Evidence. How can you try a case properly if you do not know what objections to make and not to make? How can you try a case if you do not know how to ask direct examination or non-leading questions?
The Uniform Premarital and Marital Agreements Act
November 02, 2015
Last month, in Part One of this article, the author described the genesis of the uniform acts ' UPMAA and UPAA ' and compared them with New York law. Part Two herein discusses other differences among the three statutes.
Practice Tip: Identity Theft
November 02, 2015
Divorce is almost always a painful process for all involved. While your clients do their best to deal with emotional anguish, custody battles and legal complexities, they may also be leaving themselves particularly vulnerable to an unseen danger: Identity theft.
Social Security Benefits in Divorce Cases
October 02, 2015
One of the most important family law issues that vary from state to state is the question of whether Social Security benefits should be considered or offset when making property determinations. There is quite a bit of law on the subject and a thorough review of your own state's applicable law is required.
