Lee Rosenberg

February 22, 2007 | New York Law Journal

Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes that certainly if counsel does not substantially comply with the rules as to his own client, and the client then becomes nonobligated for the attorney's fee, the nonobligated client should not be able to recover that fee from his or her spouse as a windfall. That does not seem to be the case, however, in a recent Second Department case and justice does not appear to have been done.

By Lee Rosenberg

7 minute read

June 19, 2009 | New York Law Journal

Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes: During the existing economic downturn, there has been much litigation seeking downward modification of support orders. The standard for support modification, of course, depends upon whether the order is the product of agreement or trial determination and whether or not the order is for child support or spousal support. While such applications have been historically difficult to win, legitimately suffering payors thinking that job losses and reduced incomes would be the ticket for success have nevertheless found the court continually reluctant to grant relief.

By Lee Rosenberg

18 minute read

October 09, 2007 | New York Law Journal

Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes that in the year and a half since the Miller Commission Report was issued, none of the substantial recommendations made have been enacted. It is astounding that the commission's hard work has gone unheeded. Common sense must find a way to prevail upon those who have the power to act and enact, to do what is needed to bring proper reform. We have a road map, it just needs to be followed.

By Lee Rosenberg

9 minute read

March 31, 2008 | New York Law Journal

Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes that while many in front of and behind the political scenes have fought the concept of same-sex marriage, the well-established principles of "full faith and credit" or "comity," make it inevitable that same-sex marriage and the concomitant right of those couples to divorce would be somehow recognized in New York.

By Lee Rosenberg

10 minute read

February 26, 2010 | New York Law Journal

Lee Rosenberg, a partner at Saltzman Chetkof & Rosenberg, writes: After a few years of confusion, the Second Department has brought some sanity back to the relationship between asset distribution and spousal support. The decision reinstates a principle previously established by many courts, including the Court of Appeals, that where an income stream is converted into an asset and distributed, the income used was no longer also available for spousal support.

By Lee Rosenberg

7 minute read

January 05, 2005 | New York Law Journal

Lee Rosenberg, a partner with Saltzman Chetkof & Rosenberg, writes that the relationship between attorney and client in the matrimonial/family law field is highly regulated so as to avoid conflicts of interest and appearances of impropriety. The Matrimonial Rules require, among other things, that a mandatory Statement of Client's Rights and Responsibilities be provided at the initial consultation even prior to being retained and even if the attorney is never retained.

By Lee Rosenberg

10 minute read