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New York's Legislature has been busy working on proposed laws that, if passed into law, will affect the practice of family law. In some instances the legislature has tried and failed before to pass similar laws, but those seeking change have had their hopes buoyed by shake-ups in the legislature.
Features
In last month's newsletter, we looked at the case of <i>Rodriguez v. Rodriguez</i>, in which the Appellate Division, Second Department, correctly found Supreme Court had erred by distributing the value of a service business and awarding spousal support from the income stream from that business, amounting to impermissible "double dipping." A month later, a different panel of the Second Department came to the opposite conclusion, throwing the issue into confusion.
Features
In divorce, it is sometimes necessary to value shares of a closely held corporation. But there are stocks in privately held companies throughout New York whose shares are not traded on the NYSE or NASDAQ. These companies often have only a handful of shareholders, many of whom are family members or close friends.
Participants in a collaborative divorce can dissolve their marital union with dignity and respect, and formulate an agreement that will more likely be adhered to over the long run. Here's how.
Frequently, written policies and procedures are used to instruct nurses or other non-physician employees on the protocols for a variety of activities. This practice can make training and employment performance issues easier for the provider. However, it can also expose the organization to criticism when these seemingly arbitrary policies are not precisely followed.
Features
A recent new statute in New York provided for automatic temporary restraining orders against assets commencing with the filing and service of divorce papers. A number of other states have enacted, or tried to enact, such legislative provisions. However, there are serious constitutional issues that should be addressed.