Case Notes
December 01, 2016
News Agencies Wanted Trump's Divorce Records: Judge Said 'No'<br>NJ Alimony Reduction Amendments May Be Applied Retroactively<br>Conviction Upheld: Divorced Man Threatened to 'Kill and Eat' Judge and His Family
Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce
November 01, 2016
Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.
New York's Judicial Straight-Jacket
November 01, 2016
At a 2015 conference jointly sponsored by the Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML), I listened with much interest as attorneys and judges from areas other than New York expressed disbelief, disapproval and dismay regarding New York's extraordinarily atypical positions regarding the copying and electronic transmission of documents, and the limitations on discovery in litigation focused on issues of access to and custody of children.
Trust Issues: Pre- and Post-Nuptial Clauses
November 01, 2016
<b><i>Part One of a Two-Part Article</b></i><p><p>This article explores common provisions used in pre-and post-nuptial agreements and suggest how standard language might be modified to protect a client's rights or interests in trusts he or she formed before the marriage, or that family members formed naming him or her in various capacities.
Case Notes
November 01, 2016
In what appears to be a case of first impression in New York, the court overseeing a couple's divorce has granted the wife's motion seeking to bar her husband from the delivery room when she gives birth to their child.
May a Judge Render a Scientific Opinion Without Expert Advice?
October 01, 2016
What if a judge decides to render a decision on an issue on which no one has asked the judge to opine, and on which no evidence has been presented? That is what a judge in Pennsylvania did in 2015 when she decided ' despite the fact that the issue had not been raised by either party ' that a litigant mother had a "severe undiagnosed and untreated mental illness."
Marital Assets
October 01, 2016
When was the last time your client presented a marital asset of equity in an operating company that also held real estate? There is some risk that an unsophisticated appraiser or accountant may have undervalued or overvalued the equity, to your potential detriment in representing your client.
New Jersey and the Emancipated Child: Changes Are on the Way
October 01, 2016
The State of New Jersey will soon have new limits on the duration of child support in the case of emancipation, thanks to a law that goes into effect on Jan. 1, 2017. Until then, the courts are still being asked to clarify when child support for an emancipated child should stop, and under what circumstances.
Foundational Scrutiny of Forensic Custody Opinions
September 01, 2016
While there is a wealth of information that forensic evaluators can offer courts as they deal with the tangled issues connected to custody disputes, the deficiencies in our knowledge listed below can be effectively utilized during cross examination to make clear to the court that the final custody "choice" by an evaluator, while sounding logical, may be less reliable than it sounds ' that it may actually rest on sand.
Court Intervention in Child Alienation Cases
September 01, 2016
Prevention of the disintegration of families is such an important goal that judges, traditionally cautious, practical and careful, can be enlisted to actively try to reverse the effects of a family's crisis. When it appears that a child has been alienated from a parent, or soon will be, the necessity for judicial action is especially powerful.
