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Reconstructing Alimony and Spousal Maintenance Image

Reconstructing Alimony and Spousal Maintenance

Alton L. Abramowitz

While there is no evidence of a groundswell of support for the idea that the alimony system should be reformed by using formulaic guidelines, there appears to be an escalating dialogue on this subject that matrimonial law practitioners, jurists and legislators in the State of New York and elsewhere cannot ignore.

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Diagnostic Distractions Image

Diagnostic Distractions

Timothy M. Tippins

This article explores the question of whether diagnostic labels have a legitimate place in the custody evaluation context and related evidentiary considerations of reliability, validity, relevance, and prejudice.

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Discharge of Family Law Obligations in Bankruptcy Image

Discharge of Family Law Obligations in Bankruptcy

Stuart Gold

BAPCPA made significant changes in the treatment of alimony, child support and other obligations arising out of the dissolution of the marital relationship. This article refers to these obligations collectively as "family law obligations." Although many articles appeared in 2005 regarding the changes made by BAPCPA, it is worth revisiting these changes as they apply to the family law practitioner because the current economic downturn will lead to many more consumer bankruptcy filings in the remainder of 2008 and in 2009.

Justice Department OKs Benefits for Lesbian Couple's Child Image

Justice Department OKs Benefits for Lesbian Couple's Child

Sue Reisinger

The federal government may not recognize same-sex couples, but it can pay benefits to their children. That is the result of a U.S. Department of Justice opinion released June 9.

Practical Suggestions for Matrimonial Arbitration Image

Practical Suggestions for Matrimonial Arbitration

Mary Cushing Doherty

At the May 2008 AAML (American Academy of Matrimonial Lawyers) Matrimonial Arbitration Training Institute, presenters from North Carolina, Michigan and Texas, with scores of years of arbitration experience, gave advice about the responsibility of arbitrators and the smooth presentation of an arbitration case. That training is being considered through the lens of an important Pennsylvania matrimonial arbitration case: <i>Deborah Kennedy v. Michael Kennedy.</i>

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On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

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More Bad News for Structured Finance? Image

More Bad News for Structured Finance?

Michael J. Venditto

While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.

Equitable Subordination Still Requires Proof of Harm Image

Equitable Subordination Still Requires Proof of Harm

Michael L. Cook

The U.S. Court of Appeals for the Fifth Circuit reversed a bankruptcy court's equitable subordination order on June 20, 2008. ccording to the court, subordination of the insiders' secured claims was "inappropriate" because the bankruptcy trustee had failed to show that the defendant insiders' "loans to the debtor harmed either the debtor or the general creditors." This article discusses the repercussions of that ruling.

Tradex: Requirements and Limitations of Chapter 15's Nonmain Recognition Image

Tradex: Requirements and Limitations of Chapter 15's Nonmain Recognition

Michael J. Sage & Joshua Weisser

A series of high-profile decisions issued within the past year addressed Chapter 15's strict recognition procedures and denied recognition to proceedings involving hedge funds registered in the Cayman Islands.

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New York Strengthens Wage Laws Image

New York Strengthens Wage Laws

Elise M. Bloom, Fredric C. Leffler & Thomas A. McKinney

In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.

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