By Brian Lee | July 6, 2023
The organizations' pro bono legal team is fighting to annul the "Host Family Homes" program because they say it omits important legal protections for children.
New York Law Journal | Analysis
By Joel R. Brandes | June 29, 2023
Civil contempt is punishable by imprisonment or fine, and since 2016 has become a remedy of first resort. For that reason, it can be very effective to enforce financial awards in matrimonial actions. However, a contempt finding will be reversed when an accused spouse is denied his constitutional rights.
By Peter R. Stambleck | June 27, 2023
When providing information that will form the basis of calculations for spousal maintenance and child support obligations, soon-to-be-ex-spouses may try to game the system. Spouses on the receiving end of such maneuvering are not helpless. By imputing income to a spouse, a court can level the playing field by using the higher overall income figure as the basis for its calculation of spousal maintenance or child support to be paid.
By Jason Grant | June 26, 2023
The lower court wrongly inserted an "unwritten category of cases," namely proceedings that may include arguments implicating documents filed under seal, into New York's "statutory exception" to the rule that court proceedings should be open to the public, an appeals panel said.
New York Law Journal | Expert Opinion
By Toby Kleinman | June 23, 2023
Parens Patriae refers to the power of the state to intervene against an abusive or negligent parent, and to act as the parent of any child in need of protection. This article is a call for legislation to be created to assure parens patriae oversight by the court. The author writes: "It is time for legislation to be enacted to assure that judges who are charged with child protection take action to actually protect children in their role as parens patraie."
By Alan Feigenbaum | June 21, 2023
If there was ever a case to be made that professional reading should be added to your summer reading list, look no further than Judge Jeffrey Goodstein's page turning decision in LSS v. MS, Supreme Court, Nassau County, which reminds divorce lawyers that we cannot control what happens after a prenuptial agreement is signed. Life happens after a prenuptial agreement is signed, and LSS v. MS shows what can happen as a consequence of disregarding the mandate of a prenuptial agreement.
New York Law Journal | Analysis
By Elliott Scheinberg | June 14, 2023
A Manhattan Supreme Court justice's recent ruling is dangerous because it can mislead members of the bar who rely on published decisions as gospel, as they often go unaddressed and uncorrected, a Law Journal columnist writes.
New York Law Journal | Expert Opinion
By Sherri Sharma | June 12, 2023
Though some people might envision a prenuptial agreement as being a contract with the length and complexity rivaling a merger between two Fortune 500 companies, the reality is much more mundane. This article walks through the three pillars of prenuptial agreements in New York.
By ALM Staff | June 9, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Daniel Pollack and Toby Kleinman | June 8, 2023
There are times when unmarried partners are uncertain about paternity, a single or divorced mother wants or needs to seek child support, or a man seeks parenting time with a child he believes he fathered. It is under these circumstances that paternity of the child may need to be legally established. Where there is domestic violence there are numerous special issues to be considered.
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