Inadequate Judicial Response to Emotional Abuse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.
Divorce and the Undocumented Spouse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
NY Divorce and UK Pension Rights
August 01, 2017
What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.
Home Insurance May Cover Jealous Husband's Attack on Third Party
August 01, 2017
A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What <I>is</I> unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance.
The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE
July 02, 2017
The case of <I>Lewis v. Shulkin</I>, heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits.
Forensic Accounting: When Do You Need It?
July 02, 2017
Most matrimonial attorneys have heard a client, typically the "out-spouse" in a marriage with a business interest, say, "The books are cooked," or "Personal expenses are being paid by the business," or "The accounting records are fiction." Failing to probe these issues may cost your client a lot of money when the asset division takes place, and may leave him or her dissatisfied with your representation.
NJ's New Child Support Statute
July 02, 2017
<b><I>Considering the Disabled Child</I></b><p>New Jersey's new child support statute, titled Termination of Obligation to Pay Child Support, became effective on Feb. 1. Under this statute, a child support obligation terminates "by operation of law" when the child turns 19, which termination can be extended until the child turns 23 under certain circumstances and using certain procedures. But what about children with special needs?
Case Notes
July 02, 2017
Discussion of two key cases.
Cayman Court Facilitates Chapter 11 Restructuring of Parent Company
July 01, 2017
the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.
Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce
June 02, 2017
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.
