Tim James

Tim James

July 24, 2020 | New York Law Journal

Surrogacy Agreements Approved by New York...With Provisos

A in-depth discussion of the newly enacted "Child-Parent Security Act of 2020" recently signed into law. The Act establishes the legal framework for "surrogacy contracts," in New York.

By Harriet Newman Cohen and Tim James

18 minute read

July 26, 2019 | New York Law Journal

Divorce vs. Death: Pecuniary Rights and How They Differ

Sometimes, the older client's question is posed in the starkest form: Am I better off getting a divorce or just waiting for my spouse to die? The smart lawyer's answer is “It depends on a lot of variables.”

By Harriet Newman Cohen and Tim James

17 minute read

July 25, 2016 | New York Law Journal

Court Gives Renewed Force to Policy Requiring Full Custody Hearings

Harriet Newman Cohen and Tim James of Cohen Rabin Stine Schumann analyze a recent custody decision in which the Court of Appeals cautioned the lower courts that there are only limited circumstances under which a court may make determinations regarding child custody without first conducting full and plenary hearings.

By Harriet Newman Cohen and Tim James

35 minute read

July 28, 2014 | New York Law Journal

Child Support Modifications Are Easier After 2010 Amendments

Harriet Newman Cohen and Tim James of Cohen Rabin Stine Schumann write: The 2010 legislative package that made New York the final state in the union to adopt "No Fault" divorce included amendments that made it easier to obtain modification of an existing child support order and required that all new child support orders advise the parties of their right to seek a modification on appropriate facts and the showing required to succeed.

By Harriet Newman Cohen and Tim James

15 minute read

July 29, 2013 | New York Law Journal

'Automatic Orders' Prevent Wrongful Asset Transfers in Divorce Actions

Harriet Newman Cohen, Bonnie Rabin and Tim James of Cohen Rabin Stine Schumann write that since 2009, the commencement of a matrimonial action has generated "automatic orders" designed to preserve the financial status quo. These orders offer substantial protections to the parties to a matrimonial action from the inception of the action. However, their long-term effectiveness will depend on the power and determination of the courts to enforce them.

By Harriet Newman Cohen, Bonnie Rabin and Tim James

20 minute read

July 28, 2008 | New York Law Journal

Egregious To a Fault

Harriet Newman Cohen, a member of Cohen Hennessey Bienstock & Rabin, and Tim James, an associate at the firm, write that the range of behavior found to constitute "egregious fault" has expanded in the past decade, as the courts - or, more precisely, those in the First and Second Departments - have asserted their equitable powers to take into account a spouse's outrageous behavior when resolving financial issues.

By Harriet Newman Cohen and Tim James

15 minute read

August 09, 2010 | New York Law Journal

What's Equitable When Distributing Businesses, Enhanced Earning Capacity?

Harriet Newman Cohen and Tim James of Cohen Hennessey Bienstock & Rabin discuss the Equitable Distribution Law and the courts' justification for such differential treatment of certain forms of marital property.

By Harriet Newman Cohen and Tim James

16 minute read

August 10, 2009 | New York Law Journal

Downward Modification in a Troubled Economy

Harriet Newman Cohen, a member in Cohen Hennessey Bienstock & Rabin, and Tim James, an associate at the firm, discuss the statutory and case law governing applications for downward modifications of established maintenance and child support and ask whether the law, as promulgated and defined through case law, is equal to the challenge of these economically troubled times.

By Harriet Newman Cohen and Tim James

17 minute read

August 01, 2011 | New York Law Journal

Marriage Equality Remains an Aspiration

Harriet Newman Cohen, Bonnie E. Rabin and Tim James of Cohen Rabin Stine Schumann write: Although New York courts and executive branch officials repeatedly gave effect to same-sex marriages performed in jurisdictions where they were legal before the legislature sanctioned the performance of such marriages in New York, the federal government and most states have enacted legislation denying recognition to same-sex marriages, greatly complicating the legal landscape for same-sex married couples.

By Harriet Newman Cohen, Bonnie E. Rabin and Tim James

19 minute read