Table of Contents of Questions for Examination of Party or Witness
4-8. Direct Examination - Allocution - Questions with regard to Agreement or Stipulation 153
4-9. Direct Examination of Spouse - Questions to Establish Living Together after Signing Separation Agreement 154
4-10. Direct Examination of Spouse - Questions to Establish Reconciliation after Signing Separation Agreement 154
4-11.Direct Examination of Spouse - Questions to Establish to Establish Merger or Survival of Agreement into Divorce Judgment 155
Chapter 9. Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for a Divorce 201
9-1. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Cruel and Inhuman Treatment - Domestic Relations Law § 170(1) 201
9-2. Direct Examination of Party - Questions to Establish a Prima Facie Case for Divorce -Abandonment - Domestic Relations Law § 170(2) 202
9-3. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Abandonment - Constructive - Refusal to Have Sexual Relations- Domestic Relations Law §170(2) 203
9-4. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Confinement to Prison for Three Years - Domestic Relations Law §170(3) 204
9-5. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Adultery - Domestic Relations Law §170(4) 205
9-6. Questions to Private Investigator - Action for Divorce Based on Adultery 206
9-7. Questions to Nonparty Witness - Action for Divorce Based on Adultery 206
9-8. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to a Judgment of Separation for More than one year- Domestic Relations Law § 170(5) 208
9-9.Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to an Agreement of Separation for More than one year- Domestic Relations Law § 170(6) 209
9-10. Questions for Examination of Witness to Offer Agreement into Evidence 210
9-11. Direct Examination of Party - Questions to Establish A Prima Facie Case for a
Chapter 11. Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for Separation, Annulment, and Declaration of Nullity 223
11-1. Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Actual Abandonment - Domestic Relations Law §200(2) 223
11-2. Direct Examination of a party - Questions to Establish a Prima Facie Case - Action for Separation - Constructive Abandonment [Lock out] - Domestic Relations Law §200(2) 223
11-3. Direct Examination Of Party - Questions to Establish A Prima Facie Case for a Separation - Abandonment - Constructive - Domestic Relations Law § 200(2) 224
11-4. Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Non-Support - Domestic Relations Law §200(3) 225
11-6. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment - Declaration of Nullity of Void Marriage - Annulment of Bigamous Marriage - Domestic Relations Law §140(a) 227
11-7. Direct Examination of Plaintiff - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Party under Age of Consent - Domestic Relations Law §140(b) 229
11-9. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Domestic Relations Law §140(e) 231
11-10. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e) 232
11-11. Direct Examination of Witness - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e) 234
11-12. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud Misrepresentation of Paternity of a Child - Domestic Relations Law §140(e) 235
11-13. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Force or Duress - Domestic Relations Law §140(e) 237
11-14. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Incurable Mental Illness for Five Years - Domestic Relations Law §140(f) 238
Chapter 12. Direct Examination of Client – General Questions to Establish a Prima Facie Economic Case 24
12-1. Introductory Note, Requirement of Personal Knowledge and Background Information 240
12-2. Prior Marriages (Self) 242
12-3. History of Marriage (Self) 242
12-4. Children (Self) 243
12-5. Health, Education, Skills, Needs 244
12-6. Current residence (Self) 244
12-7. Assets (Self) 245
12-8. Business or Profession (Self) 249
12-9. Safe Deposit Box 250
22-10. Collections (Self) 250
12-11. Other Ventures (Self) 251
12-12. Other Assets (Self) 251
12-13. Assets (Spouse) 251
12-14. Business or Profession (Spouse) 256
12-15. Safe Deposit Box (Spouse) 257
12-16. Collections (Spouse) 257
12-17. Other Ventures (Spouse) 257
12-18. Other Assets (Spouse) 258
12-19. Marital Residence 258
12-20. Gross Income (Self) 258
12-21. Employment Benefits (Self) 259
12-22. Employment Contract/deferred Compensation (Self) 260
12-23. Other Income (Self) 260
12-24. Other Sources of Income 261
12-25. Royalty Income (Self) 261
12-26. Legal Settlements (Self) 262
12-27. Gambling, Award, Prize Income (Self) 262
12-28. Trusts (Self) 262
12-29. Guardian (Self) 262
12-30. Gross Income (Spouse) 263
12-31. Employment Benefits (Spouse) 263
12-32. Employment Contract/deferred Compensation (Spouse) 264
12-33. Other Income (Spouse) 264
12-34. Other Sources of Income (Spouse) 265
12-35. Royalty Income (Spouse) 266
12-36. Legal Settlements (Spouse) 266
12-37. Gambling, Award, Prize Income (Spouse) 266
12-38. Trusts (Spouse) 266
12-39. Guardian (Spouse) 267
12-40. Separate Property (Self) 267
12-41. Pre-separation Standard of Living 274
12-42. Contributions to Support (Self) 277
12-43. Liabilities (Self) 277
12-44. Accounts Payable (Self) 278
12-45. Notes Payable (Self) 278
12-46. Installment Accounts Payable (Security Agreements, Chattel Mortgages) (Self) 278
12-47. Brokers Margin Accounts (Self) 278
12-48. Mortgages Payable on Real Estate (Self) 279
12-49. Taxes Payable (Self) 279
12-50. Loans on Life Insurance Policies (Self) 279
12-51. Other Liabilities (Self) 280
12-52. Wage Deduction 280
12-53. Expenses 280
12-54. Contributions to Marital Property (Self) 283
12-55. Assets Transferred (Self) 284
12-56. Assets Transferred (Spouse) 284
12-57. Efforts to Obtain Employment (Self) 284
12-58. Interim Support Arrears and Violation of Automatic Orders (Self) 284
12-59. Need to Reside in Marital Home (Self) 288
12-60. Need for Education or Training and Plans for Future (Self) 288
12-61. Need for Childcare (Self) 288
12-62. Need for Nursery School, Private School, Religious School, College (Self) 288
12-63. Support Requests (Self) 289
12-64. Camp, Teen Tour, Summer Activities (Self): 289
12-65. Health Care for Child Not Covered by Insurance and Cash Medical Support (Self) 292
12-66. Counsel Fee Requirements (Self) 295
12-67. Accountant, Appraisal and Expert Fees (Self) 296
Chapter 13. Equitable Distribution Factors - Questions for Prima Facie Case 298
13-1. The Fourteen Equitable Distribution Factors - In General 298
13-2. The Fourteen Equitable Distribution Factors - Questions for Direct Examination of Client 298
Chapter 14. Cross - Examination of Spouse 305
14-1. Cross - Examination of Spouse Regarding Net Worth Affidavit 305
14-2. Questions for Cross Examination of Spouse - Does not remember 330
14-3. Questions for Cross Examination of Spouse - Gross Income 330
14-4. Questions for Cross Examination of Spouse - Expenses paid by Employer 332
14-5. Questions for Cross Examination of Spouse - Reimbursement by employer 334
14-6. Questions for Cross Examination of Spouse - Reimbursement by employer 334
14-7. Questions for Cross Examination of Spouse - Money for expenses, Breadwinner, Monied Spouse 336
14-8. Questions for Cross Examination of Spouse - Capital loss carry over 336
Chapter 15. Maintenance 339
Chapter 16. Post - Divorce Maintenance Awards - Domestic Relations Law § 236[B] [6] - Questions for Prima Facie Case 381
16-1. Direct Examination of client - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after October 12, 2010 until January 23, 2016. 381
16-2. Direct Examination of client in actions commenced on or after October 12, 2010, until January 23, 2016 - Gross Income and Additions 382
16-3. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Self-employment Deductions 383
16-4. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Imputed income 383
16-5. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Reduced resources or income 384
16-6. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Deductions from income 385
16-7. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Standard of living of the parties established during the marriage 386
16-8. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - The Twenty Factors for Maintenance 389
16-9. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6). 398
16-10. Post-divorce Maintenance Guidelines Awards. - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after January 23, 2016 - In General 398
16-11. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Gross Income and Additions 398
16-12. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Self-employment Deductions 400
16-13. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Imputed income 401
16-14. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Reduced resources or income 402
16-15. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Deductions from income 402
16-16. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Amount Calculation 404
16-17. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Obligation – Questions for Anticipated retirement 417
16-19. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Self-Support Reserve 418
16-20. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6) 419
Chapter 17. Examination of Employment Recruiter 420
17-1. Direct Examination of Employment Recruiter 420
Chapter 18. Examination of Employer 422
18-1. Direct Examination of Employer – Compensation and Bonus 422
18-2. Direct Examination of Employer - Stock Options 424
18-3. Direct Examination of Employer - Profit Sharing or Pension Plan 427
18-4. Direct Examination of Employer - Deferred Compensation Plan 431
18-5. Direct Examination of Employer - Reimbursement for Business Expenses, Credit Card Use, and Air Miles 431
18-6. Direct Examination of Employer - Accumulated Sick Days 433
18-7. Direct Examination of Employer - Accumulated Vacation Days 434
18-8. Direct Examination of Employer - Investment or Savings Plan 435
18-9. Direct Examination of Employer - Medical and Other Benefits 436
Chapter 20. Child Support - Domestic Relations Law §240 (1-b) - Questions for Prima Facie Case 464
20-1. Child Support - In General 464
20-2. Direct Examination of Client - Gross Income and Additional Income 465
20-3. Direct Examination of Client - Self-employment Deductions 467
20-4. Direct Examination of Client - Imputed income 467
20-5. Direct Examination of Client - Reduced resources or income 468
20-6. Direct Examination of Client - Deductions from income 469
20-7. Direct Examination of Client - Non-recurring payments from Extraordinary Sources 470
20-8. Basic Child Support Obligation - Unjust or Inappropriate - In General 472
20-9. Direct Examination of Client - Unjust or Inappropriate Factors 472
20-10. Direct Examination of Client - Add-on for Child Care for work or education that will lead to employment 476
20-11. Direct Examination of Client - Add-on for Cost of Childcare for seeking work 476
20-12. Direct Examination of Client - Add-on for Cost of Post-secondary, private, special or enriched education. 477
20-13. Direct Examination of Client - Add-on for Health Care Not Covered by Insurance and Cash Medical Support 478
20-14. Direct Examination of Client – Self-Support Reserve 483
Chapter 22. Exclusive Occupancy of the Martial Residence - Questions for Prima Facie Case 488
22-1. Direct Examination of Client This chapter contains questions which supplement the general questions to establish a prima facie economic case in chapter
Chapter 24. Counsel Fee Awards - Questions for Prima Facie Case 502
24-1. Direct Examination of Trial Counsel 502
24-2. Direct Examination of Law Firm Bookkeeper 509
Chapter 34. Examination of Real Estate Appraiser 619
34-1. Direct Examination - Qualification as Expert 619
34-2. Direct Examination of Real Estate Appraiser - Valuation of Real Estate 620
34-3. Direct Examination of Real Estate Appraiser - Annotated 623
34-4. Cross-Examination of Real Estate Appraiser 626
Chapter 35. Examination of Accountant - Valuation of Close Corporation 630
35-1. Direct Examination of Accountant - Qualification as Expert 630
35-2. Direct Examination - Valuation of Corporation 631
Chapter 36 Examination of Pension Expert 635
36-1. Direct Examination - Qualification as Expert 635
36-2. Direct Examination - Valuation of Pension 636
Chapter 40. Direct Examination of Party - Prima Facie Custody Case 689
40-1. Custody Jurisdiction 689
40-2. Children 691
40-3. History 692
40-4. Upbringing of child 692
40-5. Living accommodations 694
40-6. Employment 694
40-7. School 694
40-8. Grandparents and relatives 695
40-9. Typical day 695
40-10. Child’s friends 696
40-11. Religion, drug and medical 696
40-12. Daycare, babysitter 696
40-13. Other relationships 696
40-14. Interim background and pendente lite order and visitation 697
40-15. Inappropriate behavior/domestic violence 698
40-16. Love your child 698
Chapter 41. Examination of Psychiatrist and Psychologist 699
41-1. Direct Examination of Psychiatrist - Qualification as Expert 699
41-2. Direct Examination of Psychologist - Qualification as Expert 702
41-3. Questions for Direct Examination of Psychiatrist Appointed By Court 705
41-4. Questions for Direct Examination of Court Appointed Psychologist 708
Chapter 42. Cross examination of Psychiatrist and Psychologist 711
42-1. Questions for Cross Examination of Psychiatrist or Psychologist 711
42-2. Cross Examination of Court Appointed Psychiatrist Who Recommends Custody to Father 716
42-2 Cross Examination of Court Appointed Psychiatrist or Psychologist Regarding MMPI-2 Testing 726
42-3 Cross Examination of Psychologist - Failure to Follow APA Guidelines 732
Chapter 43. Redirect Examination of Psychiatrist 735
43-1 Redirect Examination of Court appointed psychiatrist 735
43-2 Redirect Examination of Psychiatrist for Mother 735
4-8. Direct Examination - Allocution - Questions with regard to Agreement or Stipulation 153
4-9. Direct Examination of Spouse - Questions to Establish Living Together after Signing Separation Agreement 154
4-10. Direct Examination of Spouse - Questions to Establish Reconciliation after Signing Separation Agreement 154
4-11.Direct Examination of Spouse - Questions to Establish to Establish Merger or Survival of Agreement into Divorce Judgment 155
Chapter 9. Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for a Divorce 201
9-1. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Cruel and Inhuman Treatment - Domestic Relations Law § 170(1) 201
9-2. Direct Examination of Party - Questions to Establish a Prima Facie Case for Divorce -Abandonment - Domestic Relations Law § 170(2) 202
9-3. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Abandonment - Constructive - Refusal to Have Sexual Relations- Domestic Relations Law §170(2) 203
9-4. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Confinement to Prison for Three Years - Domestic Relations Law §170(3) 204
9-5. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Adultery - Domestic Relations Law §170(4) 205
9-6. Questions to Private Investigator - Action for Divorce Based on Adultery 206
9-7. Questions to Nonparty Witness - Action for Divorce Based on Adultery 206
9-8. Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to a Judgment of Separation for More than one year- Domestic Relations Law § 170(5) 208
9-9.Direct Examination of Party - Questions to Establish A Prima Facie Case for a Divorce - Living apart Pursuant to an Agreement of Separation for More than one year- Domestic Relations Law § 170(6) 209
9-10. Questions for Examination of Witness to Offer Agreement into Evidence 210
9-11. Direct Examination of Party - Questions to Establish A Prima Facie Case for a
Chapter 11. Direct Examination of Party or Witness - Questions to Establish a Prima Facie Case for Separation, Annulment, and Declaration of Nullity 223
11-1. Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Actual Abandonment - Domestic Relations Law §200(2) 223
11-2. Direct Examination of a party - Questions to Establish a Prima Facie Case - Action for Separation - Constructive Abandonment [Lock out] - Domestic Relations Law §200(2) 223
11-3. Direct Examination Of Party - Questions to Establish A Prima Facie Case for a Separation - Abandonment - Constructive - Domestic Relations Law § 200(2) 224
11-4. Direct Examination of a Party - Questions to Establish a Prima Facie Case - Action for Separation - Non-Support - Domestic Relations Law §200(3) 225
11-6. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment - Declaration of Nullity of Void Marriage - Annulment of Bigamous Marriage - Domestic Relations Law §140(a) 227
11-7. Direct Examination of Plaintiff - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Party under Age of Consent - Domestic Relations Law §140(b) 229
11-9. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Domestic Relations Law §140(e) 231
11-10. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e) 232
11-11. Direct Examination of Witness - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud - Misrepresentation as to having children - Domestic Relations Law §140(e) 234
11-12. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Fraud Misrepresentation of Paternity of a Child - Domestic Relations Law §140(e) 235
11-13. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Consent By Force, Duress or Fraud - Force or Duress - Domestic Relations Law §140(e) 237
11-14. Direct Examination of Party - Questions to Establish a Prima Facie Case - Action for Annulment of Voidable Marriage - Incurable Mental Illness for Five Years - Domestic Relations Law §140(f) 238
Chapter 12. Direct Examination of Client – General Questions to Establish a Prima Facie Economic Case 24
12-1. Introductory Note, Requirement of Personal Knowledge and Background Information 240
12-2. Prior Marriages (Self) 242
12-3. History of Marriage (Self) 242
12-4. Children (Self) 243
12-5. Health, Education, Skills, Needs 244
12-6. Current residence (Self) 244
12-7. Assets (Self) 245
12-8. Business or Profession (Self) 249
12-9. Safe Deposit Box 250
22-10. Collections (Self) 250
12-11. Other Ventures (Self) 251
12-12. Other Assets (Self) 251
12-13. Assets (Spouse) 251
12-14. Business or Profession (Spouse) 256
12-15. Safe Deposit Box (Spouse) 257
12-16. Collections (Spouse) 257
12-17. Other Ventures (Spouse) 257
12-18. Other Assets (Spouse) 258
12-19. Marital Residence 258
12-20. Gross Income (Self) 258
12-21. Employment Benefits (Self) 259
12-22. Employment Contract/deferred Compensation (Self) 260
12-23. Other Income (Self) 260
12-24. Other Sources of Income 261
12-25. Royalty Income (Self) 261
12-26. Legal Settlements (Self) 262
12-27. Gambling, Award, Prize Income (Self) 262
12-28. Trusts (Self) 262
12-29. Guardian (Self) 262
12-30. Gross Income (Spouse) 263
12-31. Employment Benefits (Spouse) 263
12-32. Employment Contract/deferred Compensation (Spouse) 264
12-33. Other Income (Spouse) 264
12-34. Other Sources of Income (Spouse) 265
12-35. Royalty Income (Spouse) 266
12-36. Legal Settlements (Spouse) 266
12-37. Gambling, Award, Prize Income (Spouse) 266
12-38. Trusts (Spouse) 266
12-39. Guardian (Spouse) 267
12-40. Separate Property (Self) 267
12-41. Pre-separation Standard of Living 274
12-42. Contributions to Support (Self) 277
12-43. Liabilities (Self) 277
12-44. Accounts Payable (Self) 278
12-45. Notes Payable (Self) 278
12-46. Installment Accounts Payable (Security Agreements, Chattel Mortgages) (Self) 278
12-47. Brokers Margin Accounts (Self) 278
12-48. Mortgages Payable on Real Estate (Self) 279
12-49. Taxes Payable (Self) 279
12-50. Loans on Life Insurance Policies (Self) 279
12-51. Other Liabilities (Self) 280
12-52. Wage Deduction 280
12-53. Expenses 280
12-54. Contributions to Marital Property (Self) 283
12-55. Assets Transferred (Self) 284
12-56. Assets Transferred (Spouse) 284
12-57. Efforts to Obtain Employment (Self) 284
12-58. Interim Support Arrears and Violation of Automatic Orders (Self) 284
12-59. Need to Reside in Marital Home (Self) 288
12-60. Need for Education or Training and Plans for Future (Self) 288
12-61. Need for Childcare (Self) 288
12-62. Need for Nursery School, Private School, Religious School, College (Self) 288
12-63. Support Requests (Self) 289
12-64. Camp, Teen Tour, Summer Activities (Self): 289
12-65. Health Care for Child Not Covered by Insurance and Cash Medical Support (Self) 292
12-66. Counsel Fee Requirements (Self) 295
12-67. Accountant, Appraisal and Expert Fees (Self) 296
Chapter 13. Equitable Distribution Factors - Questions for Prima Facie Case 298
13-1. The Fourteen Equitable Distribution Factors - In General 298
13-2. The Fourteen Equitable Distribution Factors - Questions for Direct Examination of Client 298
Chapter 14. Cross - Examination of Spouse 305
14-1. Cross - Examination of Spouse Regarding Net Worth Affidavit 305
14-2. Questions for Cross Examination of Spouse - Does not remember 330
14-3. Questions for Cross Examination of Spouse - Gross Income 330
14-4. Questions for Cross Examination of Spouse - Expenses paid by Employer 332
14-5. Questions for Cross Examination of Spouse - Reimbursement by employer 334
14-6. Questions for Cross Examination of Spouse - Reimbursement by employer 334
14-7. Questions for Cross Examination of Spouse - Money for expenses, Breadwinner, Monied Spouse 336
14-8. Questions for Cross Examination of Spouse - Capital loss carry over 336
Chapter 15. Maintenance 339
Chapter 16. Post - Divorce Maintenance Awards - Domestic Relations Law § 236[B] [6] - Questions for Prima Facie Case 381
16-1. Direct Examination of client - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after October 12, 2010 until January 23, 2016. 381
16-2. Direct Examination of client in actions commenced on or after October 12, 2010, until January 23, 2016 - Gross Income and Additions 382
16-3. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Self-employment Deductions 383
16-4. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Imputed income 383
16-5. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Reduced resources or income 384
16-6. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Deductions from income 385
16-7. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Standard of living of the parties established during the marriage 386
16-8. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - The Twenty Factors for Maintenance 389
16-9. Direct Examination of Client - Actions commenced on or after October 12, 2010, until January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6). 398
16-10. Post-divorce Maintenance Guidelines Awards. - Questions to Establish Prima Facie Case for Maintenance - Actions commenced on or after January 23, 2016 - In General 398
16-11. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Gross Income and Additions 398
16-12. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Self-employment Deductions 400
16-13. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Imputed income 401
16-14. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Reduced resources or income 402
16-15. Direct Examination of Client - Actions commenced on or after January 23, 2016 -Deductions from income 402
16-16. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Amount Calculation 404
16-17. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Post - divorce Maintenance Guideline Obligation – Questions for Anticipated retirement 417
16-19. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Self-Support Reserve 418
16-20. Direct Examination of Client - Actions commenced on or after January 23, 2016 - Effect of a barrier to remarriage - Domestic Relations Law §253 (6) 419
Chapter 17. Examination of Employment Recruiter 420
17-1. Direct Examination of Employment Recruiter 420
Chapter 18. Examination of Employer 422
18-1. Direct Examination of Employer – Compensation and Bonus 422
18-2. Direct Examination of Employer - Stock Options 424
18-3. Direct Examination of Employer - Profit Sharing or Pension Plan 427
18-4. Direct Examination of Employer - Deferred Compensation Plan 431
18-5. Direct Examination of Employer - Reimbursement for Business Expenses, Credit Card Use, and Air Miles 431
18-6. Direct Examination of Employer - Accumulated Sick Days 433
18-7. Direct Examination of Employer - Accumulated Vacation Days 434
18-8. Direct Examination of Employer - Investment or Savings Plan 435
18-9. Direct Examination of Employer - Medical and Other Benefits 436
Chapter 20. Child Support - Domestic Relations Law §240 (1-b) - Questions for Prima Facie Case 464
20-1. Child Support - In General 464
20-2. Direct Examination of Client - Gross Income and Additional Income 465
20-3. Direct Examination of Client - Self-employment Deductions 467
20-4. Direct Examination of Client - Imputed income 467
20-5. Direct Examination of Client - Reduced resources or income 468
20-6. Direct Examination of Client - Deductions from income 469
20-7. Direct Examination of Client - Non-recurring payments from Extraordinary Sources 470
20-8. Basic Child Support Obligation - Unjust or Inappropriate - In General 472
20-9. Direct Examination of Client - Unjust or Inappropriate Factors 472
20-10. Direct Examination of Client - Add-on for Child Care for work or education that will lead to employment 476
20-11. Direct Examination of Client - Add-on for Cost of Childcare for seeking work 476
20-12. Direct Examination of Client - Add-on for Cost of Post-secondary, private, special or enriched education. 477
20-13. Direct Examination of Client - Add-on for Health Care Not Covered by Insurance and Cash Medical Support 478
20-14. Direct Examination of Client – Self-Support Reserve 483
Chapter 22. Exclusive Occupancy of the Martial Residence - Questions for Prima Facie Case 488
22-1. Direct Examination of Client This chapter contains questions which supplement the general questions to establish a prima facie economic case in chapter
Chapter 24. Counsel Fee Awards - Questions for Prima Facie Case 502
24-1. Direct Examination of Trial Counsel 502
24-2. Direct Examination of Law Firm Bookkeeper 509
Chapter 34. Examination of Real Estate Appraiser 619
34-1. Direct Examination - Qualification as Expert 619
34-2. Direct Examination of Real Estate Appraiser - Valuation of Real Estate 620
34-3. Direct Examination of Real Estate Appraiser - Annotated 623
34-4. Cross-Examination of Real Estate Appraiser 626
Chapter 35. Examination of Accountant - Valuation of Close Corporation 630
35-1. Direct Examination of Accountant - Qualification as Expert 630
35-2. Direct Examination - Valuation of Corporation 631
Chapter 36 Examination of Pension Expert 635
36-1. Direct Examination - Qualification as Expert 635
36-2. Direct Examination - Valuation of Pension 636
Chapter 40. Direct Examination of Party - Prima Facie Custody Case 689
40-1. Custody Jurisdiction 689
40-2. Children 691
40-3. History 692
40-4. Upbringing of child 692
40-5. Living accommodations 694
40-6. Employment 694
40-7. School 694
40-8. Grandparents and relatives 695
40-9. Typical day 695
40-10. Child’s friends 696
40-11. Religion, drug and medical 696
40-12. Daycare, babysitter 696
40-13. Other relationships 696
40-14. Interim background and pendente lite order and visitation 697
40-15. Inappropriate behavior/domestic violence 698
40-16. Love your child 698
Chapter 41. Examination of Psychiatrist and Psychologist 699
41-1. Direct Examination of Psychiatrist - Qualification as Expert 699
41-2. Direct Examination of Psychologist - Qualification as Expert 702
41-3. Questions for Direct Examination of Psychiatrist Appointed By Court 705
41-4. Questions for Direct Examination of Court Appointed Psychologist 708
Chapter 42. Cross examination of Psychiatrist and Psychologist 711
42-1. Questions for Cross Examination of Psychiatrist or Psychologist 711
42-2. Cross Examination of Court Appointed Psychiatrist Who Recommends Custody to Father 716
42-2 Cross Examination of Court Appointed Psychiatrist or Psychologist Regarding MMPI-2 Testing 726
42-3 Cross Examination of Psychologist - Failure to Follow APA Guidelines 732
Chapter 43. Redirect Examination of Psychiatrist 735
43-1 Redirect Examination of Court appointed psychiatrist 735
43-2 Redirect Examination of Psychiatrist for Mother 735
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It 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 New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
|
Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
|