Author Archives Weinstein

Courts make mistakes, and can correct them.

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on Courts make mistakes, and can correct them.

Although trial courts have discretion to determine amount and duration of spousal maintenance based upon the unique facts of each case, they do make errors.  In a recent case the husband had a net income of $5,213.92 each month.  After considering the factors required for spousal maintenance, the trial court ordered the husband to pay […]

Read More

Preparing for Divorce

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on Preparing for Divorce

Although no two divorces are exactly the same, there are a number of things that can be done to make the process more efficient. First, even before meeting with your attorney, organize your paperwork so that your attorney will have a more accurate idea of the financial issues:  make copies of tax returns, bank statements, […]

Read More

The O’Brien doctrine in NY Divorce Law

Posted by Weinstein in Blog, Business and Corporate Law, Divorce, Divorce Mediation & Collaborative Law, Estate Law, Family Law, Taxes with Comments Off on The O’Brien doctrine in NY Divorce Law

A recent Appellate Division decision highlights the ongoing saga of the O’Brien doctrine, which held that an educational degree obtained during the marriage has a monetary value which can, and at times should be divided between the parties. In McCaffrey v. McCaffrey, — A.D.3d –, — N.Y.S.2d — (App. Div. 3rd Dept. June 06, 2...

Read More

Commission Reviews New York’s Spousal Maintenance Law

Posted by Weinstein in Blog, Divorce, Family Law with Comments Off on Commission Reviews New York’s Spousal Maintenance Law

Alimony, known in New York as spousal maintenance, is an emotional and often hotly debated issue in divorces. In 2010 New York enacted guidelines for temporary maintenance awards, i.e. awards to be made while a divorce case is still pending. Unfortunately, although the law provided consistency to such awards, it did not provide any guidelines [&hel...

Read More

The U.S. Supreme Court overturns the Defense of Marriage Act (DOMA)

Posted by Weinstein in Blog, Divorce, Family Law, Uncategorized with Comments Off on The U.S. Supreme Court overturns the Defense of Marriage Act (DOMA)

The U.S. Supreme Court struck down section 3 of the federal Defense of Marriage Act (DOMA) which defined marriage as between a man and a woman. Under DOMA, same-sex couples legally married in a state or country that authorized same-sex marriage were not eligible for important federal benefits available to heterosexual couples. Such benefits include...

Read More

How Child Support is Calculated in NY

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on How Child Support is Calculated in NY

In New York State, child support is governed by the Child Support Standards Act, also known as the CSSA. The CSSA is found both in Domestic Relations Law Section 240 and Family Court Act 413. In New York, parents are responsible for the support of their children until they reach the age of 21. Child […]

Read More

Custody – Who Chooses the Child’s School?

Posted by Weinstein in Blog, Divorce, Divorce Mediation & Collaborative Law, Family Law with Comments Off on Custody – Who Chooses the Child’s School?

In Sequeira v. Sequeira, 2013 N.Y. App. Div. Lexis 2401 (1st Dept. April, 2013) the parties’ agreement provided the parents with joint legal custody, and equal input into all major decision about the child. When a dispute later arose and the parties disagreed as to a choice of school for their child, the Supreme Court […]

Read More
  • 150 White Plains Road, Suite 404 - Tarrytown, NY 10591
    Phone: 914.332.8824 Fax: 914.332.1744
    www.mweinstein.com

Michael Weinstein - Attorney at Law