Joel R Brandes

November 14, 2022 | New York Law Journal

Interrogatories have been a cost-effective disclosure device used in matrimonial actions, before or instead of depositions, especially where the parties have limited financial resources.

By Joel R. Brandes

14 minute read

October 19, 2022 | New York Law Journal

All of the Appellate Division departments follow the rule of 'Bast v. Russoff', that a parent who has physical custody of the child for a majority of the time in a shared custody situation is considered the custodial parent for child support purposes.

By Joel R. Brandes

15 minute read

September 28, 2022 | New York Law Journal

In his Law and the Family column, Joel Brandes examines the situation when a spouse claims that the separate property of the other spouse has appreciated in value during the marriage and that the appreciation is marital property to which he or she is entitled to a share.

By Joel R. Brandes

12 minute read

August 17, 2022 | New York Law Journal

The gray area between when an attorney can exercise his discretion, and when he or she must have a specific grant of authority from the client, can be a confusing space. This article discusses the interaction between these areas within the context of litigation, and the limits on them.

By Chris G. McDonough and Joel R. Brandes

9 minute read

August 05, 2022 | New York Law Journal

It appears that the reason why perjury is not prosecuted in divorce and custody cases is that it is difficult to prove, and it occurs so frequently that prosecution would impose a burden on the justice system.

By Joel R. Brandes

11 minute read

July 13, 2022 | New York Law Journal

Effective July 1, 2022, the matrimonial rules were revised to specifically incorporate 22 NYCRR Part 202 (see AO142/22, amended on June 13, 2022), which contains many of the commercial division rules effective Feb. 1, 2021.

By Joel R. Brandes

18 minute read

June 29, 2022 | New York Law Journal

In his Law and the Family column, Joel Brandes discusses the 2010 amendments to Domestic Relations Law §238, which are meant to require the court, in a proceeding to enforce a judgment, to order the monied party to pay interim counsel fees for the non-monied party at the outset of the case.

By Joel R. Brandes

11 minute read

June 17, 2022 | New York Law Journal

Since the enactment of the current law, which became effective in January 2016, there have been only nine reported appellate decisions involving post-divorce maintenance, and in only two of them has there been an upward adjustment of maintenance from the guideline obligation.

By Joel R. Brandes

19 minute read

May 10, 2022 | New York Law Journal

New York courts have repeatedly recognized the effects of alienating behavior by a parent on children in custody and visitation determinations.

By Joel R. Brandes

11 minute read

April 08, 2022 | New York Law Journal

Where the combined parental income exceeds the "income cap," the test in the First and Second Departments is whether the child is receiving enough to meet his or her "actual needs and the amount required to live an appropriate lifestyle." In contrast, the Third and Fourth Departments have held that where the combined parental income is well in excess of the income cap, it is proper to consider and base the award upon the child's "actual reasonable needs."

By Joel R. Brandes

11 minute read