New York Matrimonial Case Law Update

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