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Matrimonial Trial Institute II

- Location -
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400

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

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)

Lawrence Jay Braunstein, Esq.
Braunstein & Zuckerman, Esqs.
White Plains

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

Michael P. Friedman, Esq.
Friedman & Molinsek PC
Delmar

Jennifer Powers Rutkey, 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

The last day to pre-register online was December 6, 2012.

Members, please login to get member discounts.

Seminar
ALB-Registration	$165.00

Seminar
ALB-Registration	$265.00

Seminar
ALB-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.