S4532 has been passed along to Governor Patterson for his signature on August 3, 2010. This bill provides for a rebuttable presumption of interim attorney's fees to the non-monied spouse in a matrimonial case or in proceedings to enforce a judgment therein. It also authorizes the court to order expert fees to be paid by one party to the other during the course of the case to enable the party to carry on or defend the action.
For more information and for your matrimonial needs, contact us at www.polizzotto.com
Friday, August 6, 2010
New Law on Maintenance in Divorce?
S8390 has been passed along to Governor Patterson for his signature on August 3, 2010. This measure would create numerical guidelines for calculating the presumptive amount of the temporary maintenance awards with deviation factors to be employed by the court in its discretion where the presumptive amount of the award is unjust or inappropriate.
The numerical guidelines proposed in this measure are similar to the recommendations of the American Academy of Matrimonial Lawyers based on their study of approaches in numerous jurisdictions across the country. The duration of the temporary award under this measure would be determined by considering the length of the marriage. However the temporary award would end upon the issuance of the final award or the death either party, whichever occurs first. The temporary maintenance guidelines would only result in an award when there is an income gap between the two parties such that the less-monied spouse's income is less than two thirds of the more-monied spouse's income. For instance, if the payor's annual income is $90,000 a year, the guidelines will only result in an award if the payee's annual income is less than $60,000, The numerical guideline is only applied to the payor's income up to $500,000 of her/his income, with a set of factors to be applied by the court to determine any additional amount of temporary maintenance on the payor's income above this $500,000 cap.
GUIDELINE AMOUNT: To determine the guideline amount, the court must compare two calculations of the spouses' annual incomes. For both of these calculations, any income of the payor's that exceeds $500,000 is not included. * 30% of the payor's income minus 20% of the payee's income, OR * 40% of the combined income of the two spouses. The payee's income is then subtracted from this figure. The court must select the lesser of these two figures as the guideline amount. If the payor has an annual income exceeding $500,000, the judge may adjust the amount. This proposal would provide consistency and predictability for temporary maintenance awards similar to the child support guidelines in the Child Support Standards Act. It would also help bring parties to the table and facilitate settlement of cases.
Contact us at http://www.polizzotto.com/ for you matrimonial needs and for more information as this law develops
The numerical guidelines proposed in this measure are similar to the recommendations of the American Academy of Matrimonial Lawyers based on their study of approaches in numerous jurisdictions across the country. The duration of the temporary award under this measure would be determined by considering the length of the marriage. However the temporary award would end upon the issuance of the final award or the death either party, whichever occurs first. The temporary maintenance guidelines would only result in an award when there is an income gap between the two parties such that the less-monied spouse's income is less than two thirds of the more-monied spouse's income. For instance, if the payor's annual income is $90,000 a year, the guidelines will only result in an award if the payee's annual income is less than $60,000, The numerical guideline is only applied to the payor's income up to $500,000 of her/his income, with a set of factors to be applied by the court to determine any additional amount of temporary maintenance on the payor's income above this $500,000 cap.
GUIDELINE AMOUNT: To determine the guideline amount, the court must compare two calculations of the spouses' annual incomes. For both of these calculations, any income of the payor's that exceeds $500,000 is not included. * 30% of the payor's income minus 20% of the payee's income, OR * 40% of the combined income of the two spouses. The payee's income is then subtracted from this figure. The court must select the lesser of these two figures as the guideline amount. If the payor has an annual income exceeding $500,000, the judge may adjust the amount. This proposal would provide consistency and predictability for temporary maintenance awards similar to the child support guidelines in the Child Support Standards Act. It would also help bring parties to the table and facilitate settlement of cases.
Contact us at http://www.polizzotto.com/ for you matrimonial needs and for more information as this law develops
Irreconcilable Difference as a New Ground for Divorce?
S3890 has been passed along to Governor Patterson on August 3, 2010 which would approve Irreconcilable Differences as a ground for divorce in New York state. He has 10 days (exclusive of Sundays) within which to sign it.
The text of the proposed new law is as follows:
Section 170 of the domestic relations law is amended by adding a new subdivision 7 to read as follows:(7) THE RELATIONSHIP BETWEEN HUSBAND AND WIFE HAS BROKEN DOWN IRRE TRIEVABLY FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED THAT ONE PARTY HAS SO STATED UNDER OATH. EXCEPT UNDER EXIGENT CIRCUMSTANCES PLACED ON THE RECORD BY THE COURT, NO JUDGMENT OF DIVORCE SHALL BE GRANTED UNDER THIS SUBDIVISION UNLESS AND UNTIL THE ECONOMIC ISSUES OF EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, THE PAYMENT OR WAIVER OF SPOUSAL SUPPORT, THE PAYMENT OF CHILD SUPPORT, THE PAYMENT OF COUNSEL AND EXPERTS' FEES AND EXPENSES AS WELL AS THE CUSTODY AND VISITATION WITH THE INFANT CHILDREN OF THE MARRIAGE HAVE BEEN RESOLVED BY THE PARTIES, OR DETERMINED BY THE COURT AND INCORPORATED INTO THE JUDGMENT OF DIVORCE. S 2. This act shall take effect immediately.
For all of your matrimonial needs, contact us at http://www.polizzotto.com/
The text of the proposed new law is as follows:
Section 170 of the domestic relations law is amended by adding a new subdivision 7 to read as follows:(7) THE RELATIONSHIP BETWEEN HUSBAND AND WIFE HAS BROKEN DOWN IRRE TRIEVABLY FOR A PERIOD OF AT LEAST SIX MONTHS, PROVIDED THAT ONE PARTY HAS SO STATED UNDER OATH. EXCEPT UNDER EXIGENT CIRCUMSTANCES PLACED ON THE RECORD BY THE COURT, NO JUDGMENT OF DIVORCE SHALL BE GRANTED UNDER THIS SUBDIVISION UNLESS AND UNTIL THE ECONOMIC ISSUES OF EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, THE PAYMENT OR WAIVER OF SPOUSAL SUPPORT, THE PAYMENT OF CHILD SUPPORT, THE PAYMENT OF COUNSEL AND EXPERTS' FEES AND EXPENSES AS WELL AS THE CUSTODY AND VISITATION WITH THE INFANT CHILDREN OF THE MARRIAGE HAVE BEEN RESOLVED BY THE PARTIES, OR DETERMINED BY THE COURT AND INCORPORATED INTO THE JUDGMENT OF DIVORCE. S 2. This act shall take effect immediately.
For all of your matrimonial needs, contact us at http://www.polizzotto.com/
Sunday, July 25, 2010
Pitfalls of Do-It-Yourself-Prenups
Why Hire a Lawyer to Draft Your Prenuptial Agreement?
A prenuptial agreement can be a useful tool to protect monetary assets and other personal property in the event of a divorce. However, if they are not filed or executed correctly, you may lose a significant amount of the assets intended for your children.
The law firm of Polizzotto and Polizzotto, LLC, assists clients in Brooklyn, New York City, Long Island, and surrounding areas in drafting and negotiating prenuptial agreements. Our experienced attorneys help ensure your interests are protected before, during, and after a marriage, if necessary. Contact us today for a free consultation.
Protect Your Assets for Your Children
Whether you own a small business or have a large inheritance, it may important that these assets remain in the family, especially if you have children from a previous marriage. Also specific pieces of personal property can be protected; you can ensure a grandmothers wedding ring, an heirloom china set, or antique furniture stays with specific children. Having an attorney draft the prenuptial document can reduce your worries about the provisions and the possibility of the document being declared invalid.
Reduce the Likelihood of Expensive Litigation
A do-it-yourself prenuptial agreement may be quicker and cheaper in the short term, but it could result in long, expensive court battles in the future. If your assets are worth protecting, then it is worth your time and expense to hire an attorney.
Before settling for a do-it-yourself prenuptial agreement, talk to a lawyer at our firm. Our principle attorney,Alfred Polizzotto III, is an experienced lawyer and certified financial planner. He will discuss with you the value of your assets and the importance of protecting them for your children, sisters and brothers, or business partner.
Grounds for Divorce - FAQ
How long must I reside in New York before I can begin my divorce action?
An action for divorce may be maintained only when:
- The husband and wife were married in New York, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately before the commencement of the action, or
- The parties have resided in New York as husband and wife, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the action, or
- The grounds for divorce occurred in New York, and either party has been a resident of New York for a continuous period of at least one year immediately before the beginning of the action, or
- The grounds for divorce occurred in New York, and both parties are residents of New York at the time of the commencement of the action, or
- Either spouse has been a resident of New York for a continuous period of at least two years immediately preceding the commencement of the action.
Contact the offices of Polizzotto & Polizzotto, LLC at www.polizzotto.com for more information
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