July 24, 2020 | New York Law Journal
Surrogacy Agreements Approved by New York...With ProvisosA 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 DifferSometimes, 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 HearingsHarriet 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 AmendmentsHarriet 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 ActionsHarriet 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 FaultHarriet 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 EconomyHarriet 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 AspirationHarriet 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
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