Matrimonial Trial Institute II

Friday, December 14, 2012

- Location -
Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY 10001-3984
(212) 563-1800

Description

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

Can’t Attend in Person?

This program offers a simultaneous live webcast option allowing you to “attend” the program from the convenience of your office.
NOTE: Newly admitted attorneys (less than twenty-four months) must attend the program in person to receive New York MCLE credit.

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 details!

Part Two in our series on Matrimonial Trial Techniques and Strategies will cover proving your support case.

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 and pensions.

Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00-9:50
I. RECENT DECISIONS, DEVELOPING TRENDS AND NEW LEGISLATION

PROVING YOUR SUPPORT CASE

9:50-10:40
II. OVERVIEW OF MAINTENANCE AND CHILD SUPPORT STATUTE
A. DRL §236(B)(6) – Post Divorce Maintenance Factors
B. DRL §240(1-b) – Child Support Standards Act

10:40-10:55
COFFEE BREAK

10:55-11:45
III. INCOME AVAILABLE FOR SUPPORT
      A. Proving Income
            1. Burden of Proof
            2. Reported Income (W-2, Form 1099, K-1, Schedule C and Schedule E)
            3. Interest and Dividend Income (Schedule B)
            4. Non-Recurring Income (i.e., discretionary and/or performance bonuses)
            5. Perquisites as an “Add Back”
            6. Imputed Income
      B. Income vs. Cash Flow
      C. Avoiding the “Double Dip”
            1. Income Available for Maintenance
            2. Income Available for Child Support
            3. Burden of Proof

11:45-12:35 p.m.
IV. PROVING LIFESTYLE - Strategic Considerations
      A. Analyze Credit Card Records
      B. Analyze Bank Records for Withdrawals, Checks and Debits
      C. Analyze Expenses Paid through Business
      D. Deficit Spending – When Expenses Exceed Income

12:35-1:45
LUNCH (on your own)

1:45-3:00
V. OTHER CONSIDERATIONS
      A. Health of a Party
            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 Equitable Distribution
            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

3:00-3:15
COFFEE/SOFT DRINK BREAK

3:15-4:05
VI. COUNSEL FEES AND EXPERTS FEES
      A. DRL §237
      B. Hearing on Fees vs. Written Submissions
      C. Considerations
            1. Nature and Complexity of the Case
            2. Reasonableness of the Fees
            3. Ability to Pay
            4. Conduct of the Parties During the Litigation

4:05 p.m.
ADJOURNMENT

Program Faculty

Program Planning Committee (in alphabetical order)

Joan Casilio Adams, Esq.
J. Adams & Associates, PLLC
Williamsville
(Family Law Section CLE Committee Co-Chair)

Rosalia Baiamonte, Esq.
Gassman Baiamonte Betts, PC
Garden City

Henry S. Berman, Esq.
Berman Bavero Frucco & Gouz pc
White Plains
(Family Law Section CLE Committee Co-Chair)

Martin T. Johnson, Esq.
Johnson & Cohen, LLP
Pearl River
(Family Law Section CLE Committee Co-Chair)

Peter R. Stambleck, Esq.
Aronson Mayefsky & Sloan, LLP
New York City

Bruce J. Wagner, Esq.
McNamee, Lochner, Titus & Williams, P.C.
Albany
(Family Law Section CLE Committee Co-Chair)

Speakers (in alphabetical order)

Eleanor B. Alter, Esq.
Kasowitz Benson Torres & Friedman LLP
New York City

Susan L. Bender, Esq.
Bender Rosenthal Isaacs & Richter LLP
New York City

Samuel Joseph Ferrara, Esq.
Abrams, Fensterman, Fensterman, Eisman,
Fornato, Ferrara & Eininger, LLP
Lake Success

Eric A. Tepper, Esq.
Gordon, Tepper & DeCoursey, LLP
Glenville

Bruce J. Wagner, Esq.
McNamee, Lochner, Titus & Williams, P.C.
Albany

Adam John Wolff, Esq.
Kasowitz Genson Torres & Friedman LLP
New York City

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 to printing.

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 the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Directions

From Long Island: Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th Hotel is on East side of 7th Ave. From Connecticut: Merge onto I-95 S (Portions toll) (Crossing into NEW YORK). Keep LEFT to take I-278 W via EXIT 6B toward TRIBORO BR. Take the exit toward RANDALLS-WARDS IS MANHATTAN / FDR DRIVE. Stay STRAIGHT to go onto TRIBOROUGH BRIDGE (Portions toll). Merge onto FDR DR S. Take EXIT 8 toward I-495 / MIDTOWN TUN / E 34 ST. Stay STRAIGHT to go onto FDR DR SERVICE RD W. Turn RIGHT onto E 37TH ST. Turn LEFT onto PARK AVE. Turn RIGHT onto E 35TH ST. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From New Jersey: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / INCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From JFK: Start out going SOUTHEAST, Turn SLIGHT LEFT to take the ramp toward AIRPORT EXIT / OTHER TERMINALS. Stay STRAIGHT to go onto JFK EXPY. Merge onto I-678 N / VAN WYCK EXPY toward AIRPORT EXIT / RETURN TO TERMINALS / LONG TERM PARKING / RENTAL CAR RETURNS. Merge onto GRAND CENTRAL PKWY W via EXIT 10 on the LEFT toward LA GUARDIA AIRPORT / TRIBORO BR. Take the I-495 / LONG IS EXPWY exit- EXIT 10E-W- toward EASTERN LONG IS / MANHATTAN. Merge onto I-495 W via EXIT 10W on the LEFT (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From LaGuardia: Start out going NORTHEAST on LA GUARDIA RD. Turn SLIGHT LEFT toward TERMINAL A / MARINE AIR TERMINAL / RENTAL CAR RETURNS. Turn SLIGHT LEFT onto CENTRAL TERMINAL DR.Take the AIRPORT EXIT ramp. Merge onto GRAND CENTRAL PKWY W toward MANHATTAN. Take the BKLYN-QNS EXPWY exit- EXIT 4- toward STATEN ISLAND / I-278 W. Merge onto BROOKLYN QUEENS EXPY E. Merge onto I-278 W / BROOKLYN QUEENS EXPY. Take the L.I. EXPWY / I-495 exit- EXIT 35- toward MIDTOWN TUN / EASTERN L.I. / GREENPOINT AVE. Merge onto I-495 W via EXIT 35W on the LEFT toward MIDTOWN TUN / MANHATTAN (Portions toll). Take I-495 WEST to MIDTOWN TUNNEL. Go through toll and Enter LEFT TUBE in Midtown Tunnel. Exit Tunnel and stay in LANE. Go LEFT toward Downtown. Turn RIGHT onto E 35TH ST – go STRAIGHT to 7TH AVE. Turn LEFT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave. From Newark: Take the N.J. TURNPIKE ramp toward NEW YORK AND NORTH. Merge onto I-95 N / NEW JERSEY TURNPIKE N toward CARS / TRUCKS-BUSES (Portions toll). Keep RIGHT to take I-95 N / NEW JERSEY TURNPIKE N toward I-80 / EXITS 15E - 18E / US-46 / LINCOLN TUNNEL (Portions toll). Take EXIT 16E toward LINCOLN TUNNEL / NEW YORK CITY. Keep LEFT to take NJ-495 E toward LINCOLN TUNNEL (Portions toll) (Crossing into NEW YORK). NJ-495 E becomes I-495 E / LINCOLN TUNNEL. Take the exit on the LEFT toward I-495 E / 42 ST / RT-9A / ALL POINTS. Stay STRAIGHT to go onto DYER AVE. Turn RIGHT onto W 40TH ST. Turn RIGHT onto 9TH AVE. Turn LEFT onto W 38TH ST. Turn RIGHT onto 7TH AVE. Follow to 31st & 7th. Hotel is on East side of 7th Ave.

The last day to pre-register online was December 13, 2012.

Members, please login to get member discounts.

Pricing Information for Member


Seminar

NYC-Registration	$165.00

Pricing Information for Non Member


Seminar

NYC-Registration	$265.00

Pricing Information for Student Member


Seminar

NYC-Registration	$60.00

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 cobrien@nysba.org.