New York Matrimonial Case Law Update

(190 Ratings)

Produced on: February 28, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Intermediate

For the New York Matrimonial and Family Law practitioner, attorneys Alisa Geffner and Carolyn Kersch provide a review of recent trends in the case law in 2016. Their program begins with an in-depth analysis of the landmark Court of Appeals case, In the Matter of Brooke S.B. v. Elizabeth (2016), which overturned a 25-year-old precedent and reevaluated the rights of non-biological “parents” to a child.  

Geffner and Kersch also discuss the developing case law of several areas including equitable distribution, child support, custody and visitation, and enforcement. They conduct an examination of the progress made by the courts in deciding cases that apply the Maintenance Guidelines legislation that was signed by Governor Cuomo on September 25, 2015. (See generally DRL § 236.) The statute sets forth a formula for courts to apply in determining the appropriate quantum of both temporary and permanent maintenance awards in matrimonial actions. For temporary maintenance awards, the legislation became effective as of October 26, 2015. For permanent maintenance awards, the legislation became effective on January 26, 2016.

Learning Objectives: 

  1. Understand the historical framework that preceded the landmark Court of Appeals case, In the Matter of Brooke S.B. v. Elizabeth A.C.C., 28 NY3d 1, 61 NE3d 488, 39 NYS3d 89 (2016), and representation of the client moving forward
  2. Acquire an in-depth understanding of the recent trend in case law on several areas in the Matrimonial and Family Law practice
  3. Obtain practical tips on applying new case law to your current cases

Faculty

Alisa J. Geffner

Geffner Kersch

Alisa J. Geffner is a founding partner of a boutique Matrimonial and Family Law firm located in Garden City, New York, Geffner Kersch, P.C. She is a graduate of Hofstra University School of Law and was admitted in March, 2003. She is a member of the New York State and Nassau County Bar Associations, and the current Vice Chair of the Attorneys/Accountants Committee of the Nassau County Bar Association. She is the Social Chair for The Chain, a networking group for which she plans events to help raise funds for local charities.

Ms. Geffner was selected as a “Rising Star” in 2015 and 2016 in the Super Lawyers Magazine and was selected as one of the 2016's Top Women in Law by Hofstra University School of Law, Center for Children, Families and the Law. She is also a recipient of Long Island Business News 40 under 40 award. 

During law school, Ms. Geffner participated in the Hofstra Child Advocacy Clinic as a law guardian for children involved in child abuse and neglect cases, for which she received a Citation of Excellence in the area of clinical law upon graduation. Further, she was a research assistant for Professor John Dewitt Gregory, a respected professor in the area of Matrimonial and Family Law. 

In June 2005, and January 2006, Ms. Geffner was a panelist for a workshop given to individuals experiencing a life transition, where she discussed issues related to divorce. She also lectured to students at New York Law School on drafting marital agreements in 2010 and 2011.  In May of 2013, she gave a lecture on “Separate Property Appreciation and Credits: The Marital Residence and Beyond” for the Nassau County Bar Association, Matrimonial Committee. In the Fall of 2014, Ms. Geffner taught a Family Law with Skills course as a Special Professor of Law at Hofstra University School of Law. Additionally, in January of 2015, she was a lecturer for the Nassau County Bar Association’s Bridge the Gap program on “Tales from the Matrimonial Bar.” In September of 2015, she was a panelist for a course provided by Lawline, “Unprecedented But Not Unanimous: An Analysis of Obergefell.” (The U.S. Supreme Court decision permitting same- sex marriage.) In October 2015, she spoke at a program, “The Crossroads Between Lawyers and Accountants,” on salient Matrimonial Law tax issues.

From September 2015 through December 2015, Ms. Geffner lectured on a series she co-created for the Nassau County Bar Association, Nassau Academy of Law, “How to Prepare Your Divorce Case from A-Z.” Most recently, in January of 2016, she taught a course for Lawline on “The Practitioner’s Guide to New York’s Reformed Maintenance Statute.” In May of 2016, Ms. Geffner was a lecturer for two programs for the Nassau County Bar Association: “After I Do: A Primer on Handling Matrimonial Cases” and “Obergefell: The Supreme Court Pronounces the Right for All to Marry.”

Carolyn D. Kersch

Geffner Kersch

Carolyn D. Kersch is a founding partner of a boutique Matrimonial and Family Law firm located in Garden City, New York, Geffner Kersch, P.C. She is a graduate of Hofstra University, cum laude, where she earned her Bachelor of Arts degree. Ms. Kersch received her Juris Doctor degree from Hofstra University School of Law in 2004, where she served as the Managing Editor of Articles for the Family Court Review. Since being admitted to the bar in January, 2005, Ms. Kersch practiced exclusively in the area of matrimonial and family law. Ms. Kersch was selected as a “Rising Star” in 2014, 2015 and 2016 in the Super Lawyers Magazine and was selected as one of the 2016 Top 10 Legal Eagles in Long Island Pulse Magazine. She was also selected as one of the 2016's Top Women in Law by Hofstra University School of Law, Center for Children, Families and the Law.

During law school, two of Ms. Kersch’ articles were published as follows:

  •  Unified Family Courts: A Saving Grace for Victims of Domestic Violence Living in Nations with Fragmented Court Systems, 42 Fam. Ct. Rev. 304 (2004) (chosen to be featured in theFamily Court Review's "Best of" Series)
  • Pro Se Divorce Litigants: Frustrating the Traditional Role of the Trial Court Judge and Court Personnel, 42 Fam. Ct. Rev. 655 (2004).

In the Fall of 2014, Ms. Kersch taught a Family Law with Skills course as a Special Professor of Law at Hofstra University School of Law. Additionally, in January of 2015, she was a lecturer for the Nassau County Bar Association’s Bridge the Gap program on “Tales from the Matrimonial Bar.” From September 2015 through December 2015, Ms. Kersch was a lecturer on a series she co-created for the Nassau County Bar Association, Nassau Academy of Law, “How to Prepare Your Divorce Case from A-Z.”In January, 2016, she taught a CLE for LawLine entitled The Practitioner’s Guide to New York’s Reformed Maintenance Statute (January 22, 2016). In May, 2016, Ms. Kersch taught two CLEs for the Nassau Academy of Law entitled After I Do: A Primer on Handling Matrimonial Cases, and Obergefell: The Supreme Court Pronounces the Right for All to Marry. 

Ms. Kersch is a member of the Matrimonial and Family Law committee of the New York State and Nassau County Bar Associations. She is the Social Chair for The Chain, a networking group for which she plans events to help raise funds for local charities.

Reviews

AE
Ashley Renee E.

Great course

AR
Angela R.

the maintenance portion was excellent

DM
Deanna M.

These attorneys were very knowledgable.

RR
Ruth R.

VERY HELPFUL AND WELL PRESENTED. I AM CURRENTLY HANDLING A CASE WHERE THE "ENHANCED EARNINGS" WOULD FACTOR IN. IT WILL BE INTERESTING TO SEE WHAT THE APPELLATE COURTS AND COURT OF APPEALS WILL DO WITH THIS ISSUE. I LIKE THAT THESE PRACTITIONERS STATED SOME PRACTITIONERS STILL USE "ENHANCED EARNINGS" AS A FACTOR - IT IS.

LG
Lorraine G.

Interesting topics and great job discussing the cases

GK
Gretchen K.

Very knowledgeable presenters. Easy to understand.

AR
Aubrey R.

Excellent

RB
Robyn B.

Having two women talk about these issues was very good...

MD
Marc D.

A very good presentation.

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$89

$ 89 Family & Matrimonial Law In Stock

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