Joel R. Brandes

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

March 28, 2022 | New York Law Journal

A downward modification of a support order will be granted where a party presents credible evidence that he lost his job through no fault of his own and made a good faith effort to obtain new employment commensurate with his qualifications, education, ability, and experience.

By Joel R. Brandes

11 minute read

January 24, 2022 | New York Law Journal

We suggest that lawyers make certain that they understand the actual limits on advocacy inherent in our professional regulatory scheme and avoid stepping beyond accepted standards.

By Joel R. Brandes and Chris McDonough

9 minute read

January 07, 2022 | New York Law Journal

In his Law and the Family column, Joel Brandes discusses two companion cases, 'Anderson v. Anderson' and 'Matter of Koegel', where the Court of Appeals addressed issues unresolved in prior cases regarding non-compliance with the signature acknowledgment requirements of DRL §236(B)(3) which will render a nuptial agreement unenforceable unless reaffirmed by the parties.

By Joel R. Brandes

11 minute read

December 10, 2021 | New York Law Journal

In his Law and the Family column, Joel Brandes discusses the ethical obligation lawyers have to communicate with clients and adversaries and answers the question: Do we have to communicate by email?

By Joel R. Brandes

10 minute read

November 05, 2021 | New York Law Journal

Although an order denying or granting an ex parte motion is not appealable, a party may seek review by the appellate division under CPLR 5704 (a) even though the power to vacate is not invoked except in unusual circumstances.

By Joel R. Brandes

10 minute read

October 20, 2021 | New York Law Journal

Domestic Relations Law §245 and Family Court Act §454 both authorize the remedy of civil contempt and imprisonment to compel spouses and parents to comply with support orders. However, the procedural law for attaining that laudable goal appears to be different in Family Court contempt proceedings than in Supreme Court contempt proceedings.

By Joel R. Brandes

10 minute read

September 17, 2021 | New York Law Journal

The question of whether the court has subject matter jurisdiction frequently arises when counsel has to decide whether to bring a support or custody proceeding in the Supreme Court or the Family Court.

By Joel R. Brandes

11 minute read

August 31, 2021 | New York Law Journal

In his Law and the Family column, Joel Brandes provides an in-depth discussion of the rules and procedures governing appeals to the Appellate Division from Family Court.

By Joel R. Brandes

10 minute read