Matrimonial Trial Institute II
Friday, November 16, 2012
- Location -
Best Western Plus Carrier Circle
6555 Old Collamer Road S.
East Syracuse, NY 13057
PROVING YOUR SUPPORT CASE
Part Two of our “Trial Academy for
Matrimonial Lawyers” series - The most ambitious CLE series ever
undertaken by the Association’s Family Law Section!
Part III will be offered in 2013.
Here are some of the evaluations of Part One in the
series this past spring:
“This program was
really excellent. "
“Very informative, covered a lot of ground, and I walked
away with a lot of useful tips.”
“Program was very well planned.”
Co-sponsored by the Family Law
Section and the Committee on Continuing Legal Education of the New York
State Bar Association
6.5 Total Credits: 2.5 Skills, 4.0 Law Practice Management/Professional
Skills for all attorneys
NEW! Electronic Online Course Materials Debut this Fall!
Click here for more
Part Two in our series on Matrimonial Trial
Techniques and Strategies will cover proving your support
The speakers will focus on:
Post-Divorce Maintenance Factors and the CSSA;
- Income Available for Support;
- Proving Lifestyle;
- The important considerations of a Party’s Health and the
Interplay between Support and Equitable Distribution;
- Counsel Fees and Expert Fees.
In the context of these areas, the experienced
matrimonial lawyers on the faculty will cover the latest important case
law, applicable statutory law and special court rules you need to know
to successfully advance your case at trial. Furthermore, and of special
importance, the presentations will address the practical application in
preparing for and conducting a trial and specifically, the trial skills
that may be involved with the issue at hand. For example, how does the
attorney present persuasive information on the law to the fact finder,
or how the attorney could best present an issue with additional devices
such as exhibits.
The program also features the useful review of
the latest cases and trends in matrimonial law.
Spring 2013's Part Three in the series will
tackle enhanced earning capacity, professional practices, and business
REGISTRATION (outside meeting room)
I. RECENT DECISIONS, DEVELOPING TRENDS AND NEW LEGISLATION
II. OVERVIEW OF MAINTENANCE AND CHILD SUPPORT STATUTE
§236(B)(6) – Post Divorce Maintenance Factors
DRL §240(1-b) – Child Support Standards Act
III. INCOME AVAILABLE FOR SUPPORT
1. Burden of Proof
2. Reported Income (W-2, Form 1099, K-1, Schedule C and Schedule
3. Interest and Dividend Income (Schedule B)
4. Non-Recurring Income (i.e., discretionary and/or performance
5. Perquisites as an “Add Back”
6. Imputed Income
B. Income vs. Cash Flow
C. Avoiding the “Double
1. Income Available for Maintenance
2. Income Available for Child Support
3. Burden of Proof
IV. PROVING LIFESTYLE - Strategic Considerations
Credit Card Records
B. Analyze Bank Records for
Withdrawals, Checks and Debits
C. Analyze Expenses Paid through
D. Deficit Spending
– When Expenses Exceed Income
LUNCH (on your own)
V. OTHER CONSIDERATIONS
A. Health of a
1. Testifying as to Own Disabilities and Limitations
2. Proving Disability through Medical Evidence/Testimony
(MRI’s, X-Rays, etc.)
3. Cf. Refuting Health
Claims (video, social media)
B. Child Support Considerations
1. Deviation from Guidelines (Upward or Downward)
2. High Income Earners
3. Statutory and Other “Add Ons”
C. Interplay Between Support and
1. Equitable Distribution and/or Distributive Award
2. Interest Component
3. Tax Effect of Maintenance
4. Child Support Award
5. Cash Flow Chart of Proposed Financial and Support Package
COFFEE/SOFT DRINK BREAK
VI. COUNSEL FEES AND EXPERTS FEES
B. Hearing on Fees vs. Written
1. Nature and Complexity of the Case
2. Reasonableness of the Fees
3. Ability to Pay
4. Conduct of the Parties During the Litigation
Committee (in alphabetical order)
Joan Casilio Adams, Esq.
J. Adams & Associates,
(Family Law Section CLE
Gassman Baiamonte Betts, PC
Henry S. Berman,
Berman Bavero Frucco & Gouz pc
(Family Law Section CLE
Johnson & Cohen, LLP
(Family Law Section CLE
Aronson Mayefsky & Sloan,
New York City
Bruce J. Wagner,
McNamee, Lochner, Titus & Williams,
(Family Law Section CLE Committee Co-Chair)
Speakers (in alphabetical order)
Richard B. Alderman, Esq.
Alderman and Alderman
Michael P. Friedman, Esq.
Friedman & Molinsek PC
Jennifer Powers Rutkey, Esq.
Gordon, Tepper & DeCourse, LLP
Eric A. Tepper, Esq.
Gordon, Tepper &
Bruce J. Wagner, Esq.
McNamee, Lochner, Titus & Williams, P.C.
Steven Wiseman, Esq.
ELECTRONIC COURSE MATERIALS
New this fall!
All program materials will be distributed exclusively online in
searchable PDF format, allowing attendees more flexibility in storing
this information and allowing you to copy and paste relevant portions of
the materials for specific use in your practice. A CLE NotePad
© (paper) will be provided to all attendees at the live program
site. The CLE NotePad © includes lined pages for taking notes
on each topic, as well as any PowerPoint presentations submitted prior
Prior to a scheduled program date, all registrants will receive an
email message containing a hyperlink that when clicked will provide you
with access to the complete course materials in a searchable PDF format
which can be downloaded to your computer using the “Save As”
option under your “File” tab. Printing the complete
materials is not required for attending the program. Online materials
are updated periodically to reflect last minute submissions from program
faculty, guaranteeing that you will always have the latest version of
Traditional printed course books may be ordered at the program site
for a discounted price and will be shipped subsequent to the program
FROM I-90: Take Exit 35 to Carrier Circle. Exit Circle at 298 East
(Bridgeport). Take first left onto Old Collamer Road South. Holiday Inn
is ahead on the left. FROM 690: Take Exit 16N (Thompson Road North) to
Carrier Circle. Exit Circle at 298 East (Bridgeport). Take first left
onto Old Collamer Road South. Holiday Inn is ahead on left. FROM ROUTE
81: Take 690 East. Exit 16N (Thompson Road North) to Carrier Circle.
Exit Circle at 298 East (Bridgeport). Take first left onto Old Collamer
Road South. Holiday Inn is ahead on left.
The last day to pre-register online was November 15, 2012.
Members, please login to get member discounts.
Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please
contact Cindy O'Brien at 800-582-2452 or firstname.lastname@example.org.