Gay Union Updates: Small Victories
While the rest of the country was focused in on the U.S. Senate's failure to pass a Constitutional amendment banning gay marriage, advocates for same-sex couples' right to marry in New York recently won their own small victory. In a decision handed down by New Paltz Town Justice Judith M. Reichler on July 13, charges against two clergywomen for marrying same-sex couples without their first having obtained a license were dropped.
The Attorney's Bookshelf
As practicing attorneys, we struggle to keep abreast of developments in the law. Most likely, we cannot, in addition to this research and study, find the time to keep up with psychological research and analysis regarding divorcing and separating families. In order for family law practitioners to advance their understanding of the emotional side of divorce, child custody and the other baggage that comes along with family legal problems, a few choice reading and reference materials can go a long way. Here are a few books I've found indispensable for this task.
NY Parents Hit Between the Eyes
In a blow to divorcing New York parents with professional licenses, the Court of Appeals of New York recently upheld the decision of the Appellate Division, 3rd Department, that found no statutory authority for deducting enhanced earning contributions from the child support equation. The appellate court's majority concluded that the legislature "did not wish to have a child's lifestyle and support altered based on a distributive award."
Litigation
Recent cases of importance to you and your practice.
Equitable Distribution of Securities
Part Two of a Two-Part Article. The first part of this article discussed the initial steps, documents and forms for transferring securities in the course of the equitable distribution of assets involved in matrimonial litigation. This conclusion addresses deferred compensation plans and provides forms for the completion of the transfer.
Credibility -- with Client and Adversary
Most experienced and highly respected matrimonial lawyers will agree that the single most important ingredient to bring any case to a successful conclusion is credibility. But, simple as it sounds, credibility is not achieved overnight. For a lawyer, it takes years of honest candor to develop. For a client, it is simply being fair and honest. It is what makes a weak case strong, and the lack of it makes a strong case weak.
Tax Tips
Generally, spouses are jointly and severally liable for the tax, interest, and penalties on a joint return. This is so even if they have their own written agreement in which one spouse assumes liability. However, one spouse may be entitled to relief on innocent spouse rules (Code Sec. 6015). Recent court decisions help to clarify certain innocent spouse relief issues. In general, courts have been taxpayer-friendly.
Once Again, Timing (and Honesty?) Is Everything
In May 1998, when Luke Weinstein got divorced, his stock in the small computer company, Product Technologies Inc. (PTI), was only worth $40,000 -- according to his financial affidavit for his divorce settlement. Five months later, his stock in the company that pioneered "smart card" technology, was purchased for $1,449,000 -- 36 times the value his financial expert calculated. In an effort to get what she considers her fair share of this windfall, his wife, Nancy, sued to open the divorce settlement on grounds of fraud.
