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The New York Legislature recently passed a bill essentially providing for a complete overhaul of the law in the State of New York pertaining to maintenance under Domestic Relations Law ‘ 236 and spousal support under Family Court Act ‘ 412. The legislation was signed into law by Governor Cuomo late last month. The new legislation provides, among other things, for: 1) modification of the current temporary maintenance statute; 2) the determination of the amount of post-divorce maintenance and spousal support based on specific formulas set forth in the statutes; 3) proposed guidelines for the duration of post-divorce maintenance awards based on the duration of the marriage; and 4) the elimination for purposes of equitable distribution of the enhanced earning capacity attributable to advanced degree and professional licenses and degrees for purposes of equitable distribution.
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Federal Tax Errors That Attorneys Make
By Matthew A. Feigin
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
Bisbing: The Relocation Question Wasn’t Necessarily the Intriguing One
By Laurence J. Cutler and Alyssa M. Clemente
Part Two of a Two-Part Article
According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
Drafting Divorce Settlement Agreements
By David Bliven
Best Practices
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
By ljnstaff
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.
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