Letter from the Chairman
May 01, 2003
This issue of the <i>The Matrimonial Strategist</i> marks the beginning of a new approach to informative, down to earth, practical and instructive articles as a resource and tool in the everyday practice of lawyers in the matrimonial field. Our editorial team plans to focus even more on new trends in the law, innovative legal ideas, and also "minefields" to avoid in representing clients in this highly emotionally charged field of law.
Litigation
May 01, 2003
Recent rulings of interest to your practice.
Father's Consent May Not Be Required for Adoption
May 01, 2003
After reviewing the facts regarding an unwed father's interest and involvement in his child's welfare, a New York family court held that a child care agency had met its burden to prove the father's consent was not needed to the adoption of his out-of-wedlock child.
Beyond DNA: Equitable Parentage
May 01, 2003
Recently, there has been a rise in cases brought by fathers who want to maintain relationships with children who are not their biological offspring. For example, in a recent case, a mother was estopped from claiming her child did not belong to the man who had been his putative father, even though DNA tests indicated that he was not the biological father. This article explores the various approaches attorneys can use to help their clients in these circumstances.
Working Well with Custody Experts
May 01, 2003
The first two parts of this article addressed issues surrounding pre-trial preparation of an expert, such as financial arrangements and scheduling, trial preparation and direct testimony. The conclusion herein discusses cross-examination and post-trial feedback.
Working Well with Custody Experts
April 01, 2003
Undoubtedly, mental health experts can play a key role in determining custody issues in the context of a divorce — if they are chosen carefully and then well prepared by the matrimonial attorney. Last month, part one of this article discussed some of the problems that may arise between mental health experts and attorneys due to differences regarding ethics, money and time commitments, and offered some solutions. This article focuses on preparing the custody expert for trial.
Anticipating the Obligation to Pay College Expenses
April 01, 2003
In contemporary American society, a college education is increasingly being seen as necessary to maintaining a decent standard of living. While many parents assume some responsibility for contributing to their child's post-secondary educational expenses, the situation for divorced parents is more complex. This article discusses several points related to this issue.
Child Support Obligees Must Pay Post-petition Interest
April 01, 2003
The U.S. Court of Appeals for the Ninth Circuit has ruled that interest on non-dischargeable child support obligations is also not dischargeable, and continues to accrue after a Chapter 13 petition is filed. In so ruling, the court affirmed decisions by the Bankruptcy Court and the U.S. District Court for the Central District of California.
Litigation
April 01, 2003
Recent rulings of importance to your practice.
The Progressive Lawyer
April 01, 2003
There are several basic tools or road maps that can be applied to guide divorce lawyers in effectively organizing and presenting their cases. An immediately effective tool, so obvious but also often forgotten, is comprised of the factors that are contained within a given jurisdiction's statutes and rules. Regardless of jurisdiction and whether contained in rule or statute, there are always factors that are to be considered before any court can make its determinations. All too often, however, these factors are ignored or at least not presented in the most coherent manner possible. If we accept as an initial premise that the family courts, regardless of jurisdiction and vicinage, recognize that these standards and rules need to be considered, we should, as an important part of our testimonial or briefing process, lay out the standard and rule and apply the facts of our cases to the criteria in the most simplistic and straightforward manner.
