How to Find a New Nanny When You’re Going Through a Divorce
Attorney-Draftsman of Prenuptial Agreement Not Disqualified; No Interim Counsel Fee
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…
Uncapped Room and Board Credit Violates Public Policy
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…
Supreme Court Approves Use of Class-Action Waivers by Employers in Arbitration Agreements
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,…
Custody in Minnesota: A Review of Critical Basic Ideas — Part 2
Awarding Counsel Fees to the Monied Spouse: Conflict in the Departments
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…
Who do I turn to once this divorce is over?
Helping High Net Worth Clients using Collaborative Divorce
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…
Coping with Abuse: A Second Jennifer Emerges
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…
How to Write an Effective Business Plan
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…