Family & Divorce

Regardless of custody and parenting time, divorce is bound to mess with your child care schedule. You may be forced to work extra hours to make ends meet…and when you’re not on the job, you can probably be found in mediation or court. If you don’t already have a nanny with plenty of time available to watch your children, you’ll want to find one sooner than later. Keep these strategies in mind as you begin…
The prospective husband’s attorney who drafted a couple’s prenuptial agreement was not disqualified from representing the husband in the couple’s divorce action, nor in the action to set aside the prenuptial agreement that had been joined for trial. So held the Appellate Division, Second Department, in its August 15, 2018 decision in Lombardi v. Lombardi. Moreover, it was held that an interim award of counsel fees to the wife was improper. In 2004 the…
  On June 12, 2018, the Court of Appeals in a 5-2 decision, affirmed the ruling discussed below. It is common in agreements, and often the case in judicial decisions, for the parent paying periodic child support to receive a credit against those payments for college room and board expenses paid by that parent. May parties agree that the credit exceed the amount allocated by the parties to the support of the particular child…
On May 21, 2018, the United States Supreme Court ruled that employers may require employees to enter arbitration agreements that waive their rights to seek class-action claims against the employer. The split, 5-4 decision was authored by Justice Neil Gorsuch, rejecting the position held by the National Labor Relations Board (NLRB) that any of these types of class-action waivers violated employees’ rights to engage in “concerted activities” with regard to terms and conditions of employment,…
In our last post on custody in Minnesota, we explored the various factors used to determine custody and parenting time. Now that you understand the basics, it’s time to delve into specifics regarding paternity, residency requirements, and parenting plans. How Paternity Impacts Custody While the Minnesota marriage rate remains higher than that in most states, it’s quickly dropping — in part because more couples opt for cohabitation. Whether parents live together or apart, children conceived…
In its July 25, 2018 decision in Crago v. Diegel, the Appellate Division, Second Department, affirmed a counsel fee award to a wife, the monied spouse in this divorce action. Supreme Court Kings County Justice Esther M. Morganstern had awarded the wife 55% of her total counsel fees. Upholding the award, the Second Department noted: In its determination of a counsel fee application, the trial court must consider the relative financial circumstances of the…
Every day I represent people who believe that they are never going to move on from their divorce. These incredibly strong people have a difficult time understanding that there is, in fact, a light at the end of the tunnel because the divorce has understandably become the primary focus of their everyday existence. One of the hardest parts of the divorce process is oftentimes not getting to the end, but, rather, coming to a question of what to…
Jerilyn Klein Bier writes “How Advisors Help HNW [High Net Worth] Clients ‘Collaborate’ On Divorce” in the current issue of Financial Advisor, a monthly publication for financial planners, registered investment advisors and independent broker-dealers, She begins with a quote from Danny DeVito, portraying a divorce attorney in The War of the Roses, “When a couple starts keeping score, there is no winning, it’s only degrees of losing.” Wealth managers “are having more success…
Time flies!  In February of this year, a breaking story emerged about a senior White House staffer who was struggling with a security clearance.  The staff person was Rob Porter and his problem was that he had been accused of the physical abuse of his former wife, Jennifer Willoughby.  Willoughby appeared in an interview with CNN’s Anderson Cooper.  On February 23, we wrote that every American with a teenage child should have their child watch…
A strong, concise business plan is crucial when starting a new business. Not only will it give you a roadmap for how you will grow your business in its early years, but it will also be useful for investors, who want to see that you have a well-thought-out venture that has a good chance of being viable and sustainable before they invest their money into it. Here is what you should include in your business…