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New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available online in the print edition at the Bookbaby Bookstore and other bookstores. It is now available in Kindle ebook editions and epub ebook editions in our website bookstore. It is also available at Amazon Kindle, Barnes & Noble and Goodreads.

The New York Matrimonial Trial Handbook was reviewed in the New York Law Journal. Click here to read the review.

The New York Matrimonial Trial Handbook was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is a “how to” book for lawyers. This 836 page handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The handbook deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. Table of Contents

Wednesday, October 08, 2014

Family Court Act §451(1) amended


          Family Court Act §451(1) , which was amended, effective December 22, 2014,  provides that an application to modify an order of child support must be accompanied by "an affidavit and other evidentiary material sufficient to establish a prima facie case for the relief requested" in order to entitle the petitioner to a hearing on any material issues of fact.  No hearing is required if an affidavit has not been submitted even if material issues are present in the case.  The amendment removed the requirement of filing an affidavit with the petition by removing word “modify” from subdivision 1 and adding  a new subdivision 2, which provides: “ A proceeding to modify an order of support shall  be  commenced  by    the filing of a petition which shall allege facts sufficient to meet one  or more of the grounds enumerated in subdivision three of this section. Former subdivision  2 has been renumbered subdivision 3. See Laws of 2014, Ch 373, effective December 22, 2014.

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