Research on Marital Property in New York

Author: LegalEase Solutions RESEARCH FINDINGS  How is “marital property” defined under New York law? What factors are considered in determining what is marital property?  How is marital property distributed in a divorce action?  STATUTORY AUTHORITY  According to Domestic Relations Law (“DRL”) § 236, “marital property” is defined as: [A]ll property acquired by either or both … Continue reading “Research on Marital Property in New York”

Author: LegalEase Solutions Shorts Questions Is a party’s self-serving testimony alone sufficient to permit a finding of physical disability when facts can be proven by medical and occupational evidence and none is offered? Short Answers When a party is claiming a physical disability that cannot be easily viewed or verified by a lay person the … Continue reading “”

Spousal support pendente lite

Author: LegalEase Solutions QUESTION PRESENTED Is temporary spousal support available to wife while the trial court’s finding that it lacks personal jurisdiction over respondent (husband) is pending on appeal in the appellate court?  SHORT ANSWER A husband has equitable as well as statutory duty under California law to provide support to a spouse during the … Continue reading “Spousal support pendente lite”

Imputed Income

Author: LegalEase Solutions QUESTIONS PRESENTED Whether boyfriend can be imputed income based on his earnings? Whether mother be allowed to reduce her imputed gross income on the ground that the parties’ agreement to enroll the child in a private school is an extraordinary expense?  SHORT ANSWERS The Michigan Child Support Guideline permits courts to impute … Continue reading “Imputed Income”

Parenting Time

Author: LegalEase Solutions QUESTION PRESENTED Whether a change in parenting time constitutes a change in the custodial environment, and whether the burden on the parent seeking to change parenting time is a preponderance of the evidence? SUMMARY The focus of parenting time is to ‘foster a strong relationship’ between the child and the child’s parents. … Continue reading “Parenting Time”

Divisibility of Irrevocable Trust by Court Order in Divorce Proceedings

Author: LegalEase Solutions  Short Summary Little to no support was found with respect to a court splitting the suits (assets) of an irrevocable trust through a court order in a divorce proceeding. There is support however for finding spouses or beneficiaries as “creditors” of such a trust and/or reaching the trust assets for alimony support … Continue reading “Divisibility of Irrevocable Trust by Court Order in Divorce Proceedings”