Timothy M Tippins

March 01, 2017 | New York Law Journal

Matrimonial Practice columnist Timothy M. Tippins reviews two proposals on dissemination of a custody evaluator's report and underlying file, either of which would offer an important step out of the Dark Ages and would move New York toward forensic transparency and the more informed custody adjudications that such transparency would facilitate.

By Timothy M. Tippins

18 minute read

January 18, 2017 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: Because sexual abuse typically occurs in secret and leaves no trail of physical evidence, much depends upon the credibility of the complainant. Enter the mental health professional and the Child Sexual Abuse Accommodation Syndrome.

By Timothy M. Tippins

20 minute read

December 13, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins posits the question relating to the economic partnership theory based on the premise that marriage is, at least in part, an economic partnership, upon the dissolution of which the marital partners should equitably share in the fruits of their labors. While the economic partnership theory is a legitimate legislative rationale for equitable distribution, does it necessarily follow that any given marriage that comes before the divorce court was, in fact, such a partnership?

By Timothy M. Tippins

16 minute read

September 14, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins explores the ramifications of a recent First Department decision, in 'Strauss v. Strauss', which sheds light on levels of analysis applied to an expert's opinion in a forensic custody report and how it makes clear that counsel opposing an expert opinion must be prepared to challenge it on both the major and minor premise levels.

By Timothy M. Tippins

19 minute read

May 26, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: A plethora of precedent previously made clear that a parent enjoys no special exemption from criminal liability under the eavesdropping provisions of the Penal Law, which do not allow a parent to consent to such recording on behalf of his or her child. In a recent decision, the Court of Appeals abandoned that precedential line and embraced the doctrine of "vicarious consent."

By Timothy M. Tippins

12 minute read

March 03, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: Court-appointment confers the mantle of judicial authority on custody evaluators and cloaks them with immunity from suit. The current confection of bureaucratic insouciance and judicial obstructionism transmutes that authority into a license to run roughshod over litigants and their children with impunity. While no one should countenance a witch hunt, the present primate policy of 'see no evil' is as dangerous as it is derelict.

By Timothy M. Tippins

14 minute read

January 07, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: The dawning of 2016 marks a full decade since the Matrimonial Commission recommended full disclosure of the file contents of forensic evaluators in custody proceedings. Because the judicial panjandrums on high have failed to implement that recommendation by way of court rule, New York remains out of step with the rest of the nation where such vital disclosure is readily available for the asking. Individual judges are, however, striving mightily to move us forward.

By Timothy M. Tippins

12 minute read

January 06, 2016 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: The dawning of 2016 marks a full decade since the Matrimonial Commission recommended full disclosure of the file contents of forensic evaluators in custody proceedings. Because the judicial panjandrums on high have failed to implement that recommendation by way of court rule, New York remains out of step with the rest of the nation where such vital disclosure is readily available for the asking. Individual judges are, however, striving mightily to move us forward.

By Timothy M. Tippins

12 minute read

December 03, 2015 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: Since the 1989 enactment of the Child Support Standards Act there has been a fair measure of confusion with respect to the treatment of inter-parental maintenance payments vis-à-vis the determination of parental income for child support purposes. Recent legislation brings greater clarity.

By Timothy M. Tippins

11 minute read

December 02, 2015 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: Since the 1989 enactment of the Child Support Standards Act there has been a fair measure of confusion with respect to the treatment of inter-parental maintenance payments vis-à-vis the determination of parental income for child support purposes. Recent legislation brings greater clarity.

By Timothy M. Tippins

11 minute read