scllaw

The Indirect Contribution of a ‘Restrained Lifestyle’

Wed, 01 Jan 2020 05:00:00 GMT

The Indirect Contribution of a ‘Restrained Lifestyle’

Written By: Jeffrey L. Catterson

The Sulfolk Lawyer VOL. 35, NO. 1 - January 2020 www.scba.org

One of the fundamental elements of the Domestic Relations Law (“DRL”) a matrimonial attorney learns out of the gates is that equitable distribution does not necessarily mean an equal distribution of marital assets and liabilities. The character of the asset or liability and each spouse’s role, both directly and indirectly, in the accumulation of that asset or liability will play an integral part in the percentage of equitable distribution a court will ultimately award the parties. This is especially so when dealing with the distribution of business interests. Read Article

Imputed Income: More Than Meets the Eye

Fri, 01 Nov 2019 16:30:57 GMT

Imputed Income: More Than Meets the Eye
Written By: Jeffrey L. Catterson

The Sulfolk Lawyer VOL. 34, NO. 6 - NOVEMBER 2019 www.scba.org

One of the first questions we hear from a prospective client is “How much am I going to have to pay in support” or “How much is he/she going to pay me?” While we have statutory formulas for the court to utilize to calculate maintenance and child support obligations/entitlements, before the court can employ these calculations it must first determine the appropriate incomes for the parties. READ MORE

Issuing an Initial Custody Order Where the Children Reside Outside New York State

Sun, 01 Sep 2019 16:39:25 GMT

Issuing an Initial Custody Order Where the Children Reside Outside New York State
Written By: Jeffrey L. Catterson

The Sulfolk Lawyer VOL. 34, NO. 1 - SEPTEMBER 2019 . www.scba.org

If a parent moves out of New York state and is now residing in another state with the children, can a New York court still issue an initial custody and parenting time order? The simple answer is yes. So long as a parent still resides in New York state and the children have not resided in another state for six consecutive months, New York state should take jurisdiction to issue an initial custody order.

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Debts Incurred During a Marriage Are Not Always a Marital Debt

Fri, 01 Feb 2019 17:48:47 GMT

Debts Incurred During a Marriage Are Not Always a Marital Debt
Written By: Jeffrey L. Catterson

The Sulfolk Lawyer Vol. 33, No. 6 – FEBRUARY 2019 www.scba.org

By her October 1, 2018 decision in MF v. SF, (NYLJ October 16, 2018), Suffolk County Supreme Court Justice Carol Mackenzie determined that any potential liability stemming from a medical malpractice action against the Plaintiff/Husband did not constitute a marital debt. READ MORE

The Business of Percentages

Thu, 01 Nov 2018 17:00:24 GMT

The Business of Percentages
Written By: Jeffrey L. Catterson

The Sulfolk Lawyer Vol. 33, No. 3 – November 2018 www.scba.org

The challenge we are often faced with after obtaining business valuations is advising our clients what percentage the trial court will likely award a non-titled spouse in the titled spouse's marital business interests. READ MORE