Author Archives: Joshua R. Katz

The (Over)Use of Forensic Experts During Custody Determinations

The (Over)Use of Forensic Experts During Custody Determinations by Joshua Katz

{3:10 minutes to read} In a divorce proceeding, custody is determined by establishing what is in the best interest of the child. 

Often, it is challenging for a judge to apply this amorphous standard and determine which parent is better suited to make decisions on behalf of the child. 

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New York’s Recent Changes to Family Laws: What You Need to Know

New York’s Recent Changes to Family Laws: What You Need to Know by Joshua Katz

{4:20 minutes to read} Recently, New York has made fast-paced changes that affect family law practitioners. Attorneys and divorce professionals must take these important modifications into account. 

The Child Support Cap and Its Ramifications 

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Is Split Residential Custody in the Best Interests of Children?

Is Split Residential Custody in the Best Interests of Children? by Joshua Katz

{2:50 minutes to read} In recent years there has been a clear shift in custody cases toward “shared residential custody.” But is this necessarily a good trend?

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Filing a Joint Tax Return While Divorcing? Be Careful!

Filing a Joint Tax Return While Divorcing? Be Careful! by Joshua Katz

{3:40 minutes to read} Married couples usually elect to file joint tax returns to maximize exemptions and deductions. When couples are divorcing but are still legally married, they remain entitled to the same advantages by continuing to file jointly, and may be tempted to do so. In fact, an unreasonable refusal to file jointly could be considered wasteful dissipation!

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Should the Judge in Your Custody Trial See That Video?

Should the Judge in Your Custody Trial See That Video? by Joshua Katz

{3:00 minutes to read} Is it a good idea to present video recordings to a judge as evidence in a custody trial?

There is a famous saying that a picture is worth a thousand words. Consequently, many people think it would be advantageous to present an audio or even a video recording to the judge, portraying their spouse as a bad parent.

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How to Win a Custody Battle

How to Win a Custody Battle by Joshua Katz

{2:35 minutes to read} Winning a custody battle is all about your lawyer’s presentation to the judge.

Recently, I was talking to a wise judge who explained that deciding on a custody case is almost always an easy task. When there is one good parent and one bad parent, the decision is simple. When both parents are good parents, you cannot make a wrong decision; whatever the decision is, the children will be fine.

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When the Holiday Party Is Over

When the Holiday Party Is Over by Joshua Katz

{2:55 minutes to read} Chestnuts roasting on an open fire, festive trees with glowing lights and stockings hung by the chimney…

In contrast to all of these wonderful traditions, the holidays can greatly increase the stress on a troubled marriage. When there are incompatibility issues and you are spending more time in close quarters with your spouse and extended family, tempers often flare.

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True or False: Don’t Move out until AFTER the Divorce

True or False: Don’t Move Out Until AFTER the Divorce by Joshua Katz

{3:01 minutes to read} Call a truce or move to the couch in the den.

Do whatever you have to do to make it work, but do not move out of the house until you speak with a lawyer. Vacating the marital home and leaving the children with your spouse could adversely affect your parenting rights.

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7 Things Divorced Parents Need to Know About Relocating

7 Things Divorced Parents Need to Know About Relocating by Joshua Katz

{4:20 minutes to read} Under New York Law, a custodial parent cannot relocate to another state without consent from the other parent or a court order.  

Imagine you are a single parent who has been offered a great job in Denver. You might be ready to pack your bags – but, not so fast. Unless you have consent from the other parent, it will be up to the court to decide whether you can move. This may be true even if you have “sole custody” of the child(ren)!

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Major Changes in New York’s Domestic Relations Law Now Effective

Major Changes in New York’s Domestic Relations Law Now Effective by Joshua Katz

{2:16 minutes to read} On September 25, 2015, the governor signed into law a major change for Domestic Relations in New York State.

The new law codifies a maintenance formula for calculating how much spousal support should be paid in divorce actions, and for how long. It applies to any divorce action filed after October 25th of this year. New York has joined the national trend to codify a basic maintenance formula for judges. This simplifies the process – making maintenance calculations more predictable and consistent from court to court and judge to judge.

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