Daniel Clement, Author at Clement Law

Should You Retain A Divorce Lawyer, Do It Yourself or Hire an Online Service?

Every day I get at least one telephone call from a potential client “price shopping” for a divorce attorney. I am not surprised by this; it is not uncommon to see advertisements for divorce lawyers in the subway, on roadside billboards and in newspapers all boasting about their low flat fees. The question is do…

Your Pre-Nup May Be A Ticking Time Bomb

Your New York pre-nup may be a ticking time bomb. Because of last year’s changes to the tax law, a divorce could be much more costly than you bargained for in your prenuptial agreement. The good news is that you still have time to disarm the bomb. Historically, maintenance in New York (alimony everywhere else)…

Wives in New York Paying Maintenance and Child Support

The times they are a changing. It is now increasingly common to hear ex-wives complain about the amount of spousal maintenance and child support they are paying to the ex-husbands. For years, men were ordered to both pay both spousal maintenance and child support as part of their New York divorce. But, the pendulum has…

Statement of Net Worth In New York Divorces: Mandatory Financial Disclosure

Twice in the last month, the tabloids made much ado about well-known divorcing couples demanding financial disclosure early on in their divorces. In both the Rudy Giuliani and Donald Trump, Jr. divorces, both husbands demanded that their soon to be ex-wives produce a Statement of Net Worth causing the press to sound the alarm that…

Social Media in New York Divorce: Just Stay Off!!

Everything you put on Facebook or other social media may be used as evidence against you in a divorce in New York. We have long known that the posts that are actually published or made public could be discovered and used against you, but New York’s Court of Appeals just ruled that even private postings…

New York Maintenance and The Tax Reform Bill: Alimony Will Not Be Deductible After 2018

The clock is ticking; 2018 will be the last year maintenance in New York (alimony virtually everywhere else will be deductible. The recently enacted tax bill eliminates the tax deduction for the payment of alimony. Historically, maintenance has been deductible to the paying spouse and includable as income to the recipient spouse. Child support, on…

New York Prenups: Not Just Protection From Gold-Diggers

Eighteen years, eighteen years She got one of yo kids got you for 18 years I know somebody paying child support for one of his kids His baby momma's car and crib is bigger than his You will see him on TV, Any Given Sunday Win the Superbowl and drive off in a Hyundai She…

Tax Bill To Make Divorce More Expensive: Maintenance Not Tax Deductible

Hard to believe, divorce in New York may get even more expensive. The tax bill proposed in the House of Representatives, last week, seeks to eliminate the deduction for alimony payments. The new tax law attempts to eliminate what has been called a “divorce subsidy.” Under the existing law, the party paying alimony may deduct…

Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child. A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision…

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About: Daniel Clement

Recent Posts by Daniel Clement

Should You Retain A Divorce Lawyer, Do It Yourself or Hire an Online Service?

Your Pre-Nup May Be A Ticking Time Bomb

Wives in New York Paying Maintenance and Child Support

Statement of Net Worth In New York Divorces: Mandatory Financial Disclosure

Social Media in New York Divorce: Just Stay Off!!

New York Maintenance and The Tax Reform Bill: Alimony Will Not Be Deductible After 2018

New York Prenups: Not Just Protection From Gold-Diggers

Tax Bill To Make Divorce More Expensive: Maintenance Not Tax Deductible

Same-Sex Couples Presumed Legitimate Parents of Children

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