July 16th, 2009 at 09:01pm
Under Divorce Law
It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while the trial court retains general jurisdiction over the cause. Where the court had evidence before it of the financial resources of both parties when ruling on the issue of attorney fees and where no hearing had been requested, the trial court’s failure to conduct a hearing on the propriety of the award of attorney fees was not error. The award of attorney fees is based on a showing of the inability of one spouse to pay and the ability of the other spouse to do so. The court may order either spouse to pay a reasonable amount for the costs and attorney fees necessarily incurred by the other spouse. The granting of attorney fees is improper where no evidence is heard as to the items of service which were performed, the basis of the amount requested, or the reasonableness of such fees.
Where petition for fees was submitted prior to entry of a judgment dispositive of the merits of the action, and where the clear import of the language of subsection (a) of this section was that the court may order attorney fees to be paid by either party to either attorney, the provision was given its clear meaning and the trial court properly entered judgment in favor of a firm against its own client. The general rule concerning awards of attorney fees in a divorce suit is that the party seeking such relief must show financial inability to pay and the ability of the other spouse to do so. The fees allowed in dissolution proceeding should be fair to all the parties involved: the attorney to be compensated, the client, and the person required to make the payment.
The amount awarded should be fair compensation for those services which were reasonable and necessary to the action. The propriety of an award of attorney fees depends on the particular facts of each case; in determining whether a party is unable to pay attorney fees the assets of that party must be weighed in light of the parties’ standard of living. To justify the allowance of attorney fees, the party seeking relief must show financial inability to pay and the ability of the other spouse to do so. The party seeking to recover attorney fees must show financial inability to pay and the ability of the other spouse to do so; the decision in regard to fees then rests within the sound discretion of the trial court. Attorney fees in a dissolution of marriage proceeding are the primary obligation of the party for whom the services are rendered. The allowance of attorney fees to an opposing party is justified where the party seeking relief demonstrates financial inability to pay and the ability of the other spouse to do so. Although the trial court is permitted wide discretion in awarding attorney fees, that discretion is not unbounded. The allowance of attorney fees for appeal rests within the sound discretion of the trial court, which allowance will not be disturbed on review in the absence of a clear showing of abuse; fees may be allowed only upon findings of inability to pay by the petitioning spouse, and that the other spouse is able to pay.
The well-established principle that the amount of attorney fees rests in the sound discretion of the trial judge, and will not be interfered with unless abused, applies to support awards. The allowance of attorney fees in a divorce proceeding is not automatic, but depends on a showing that one spouse is financially unable to pay the fees, while the other is able to do so. The decisions whether to grant periodic alimony, attorney fees, and suit money rest in the sound discretion of the circuit court. The matter of fixing attorney fees is one of the few areas in which a trial judge may rely on the pleadings, affidavits on file and on his own experience. Former section 15 of the Divorce Act authorized the trial court to order the payment of such attorney fees as may seem equitable, regardless of the disposition of the case. The awarding of attorney fees rests in the sound discretion of the trial court and will not be interfered with unless such discretion is clearly abused.
Ability to Pay
In General The trial court did not err in requiring ex-wife to pay a majority of her attorney fees. For purposes of determining an award of attorney fees, financial inability exists where the forced payment of available funds would strip a person of his or her means of support and undermine his or her economic stability. The party seeking attorney fees must show an inability to pay, and the ability of the other spouse to pay fees. Before one spouse may recover attorney fees from the other, the spouse seeking fees must demonstrate that he or she is financially unable to pay and that the other spouse has the ability to pay; a mere showing that the other spouse has a greater ability to pay attorney fees is not sufficient to justify an award of fees under this section.
Former Law
Under former Rev.Stat., ch. 40, para. 16 in order to justify allowance of attorney’s fees in a divorce case, the party seeking the relief needed to show financial inability to pay and the ability of the other spouse to do so; however, financial inability was not synonymous with destitution for the income and assets of both parties were considered, and if use of the available funds of the party seeking the attorney’s fees would strip the person of the means of his support and undermine his economic stability, financial inability to pay such fees was shown.
It must be shown that the party seeking this relief is financially unable to pay and that the party seeking this relief is financially unable to pay and that the other party is able to do so; however, when a party does not request a hearing on his ability to pay or his opponent’s inability to pay, the right to such a hearing is waived and the court may base its decision on the financial conditions of the parties as shown by the record.
Installment Order
Few can afford the expenses of divorce without incurring debt, which must be paid by someone; a party who does not have the present ability to pay his own attorney fees can nevertheless be ordered to pay his own attorney, although enforcement might have to be accomplished by an installment order.
Not Shown
Even though respondent had greater earning capacity he could not pay the bulk of petitioner’s attorney’s fees and continue to pay his own monthly expenses and attorney fees.
New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases.
Divorce Lawyers New York
By Law Article
July 16th, 2009 at 09:02am
Under Divorce Law
The following items have been handed down by the marital and family law judges. The details of the cases have been summarized for easier statements of the rulings:
Res Judicata
The original decree awarding child support payments are res judicata so long as there is no change in the circumstances underlying the decree.
Retroactivity
A circuit court is not statutorily barred from imposing a retroactive child support obligation upon a respondent in an ongoing child support proceeding who, contrary to the court’s directive, has failed to inform the court of his having resumed employment. In this case no award of support was made in the original judgment, therefore, any subsequent award of support would constitute a modification of the previous judgment, thereby bringing the case within the purview of subsection (a) which prohibits the award of retroactive support, hence, the trial court properly denied plaintiff’s request for retroactive child support. It was proper under former section 18 of the Divorce Act, for the trial court to direct the father of a child to reimburse the mother for moneys expended after their divorce for their child’s support during his infancy even though in the original proceeding there was no order made relative to the obligation to provide child support. Where notification of alimony and support payments was proper, the trial court did not err in refusing to make the modification order retroactive to the date o which the petition to modify was filed rather than to the date on which the defendant’s monthly income was decreased.
Same Day Modifications
The trial court had discretionary power to insert an amendment in a child support agreement incorporated in the divorce decree, on the same day as the decree was issued, that deemed the support order temporary for a six-month term, even though the court inserted the amendment without prior notice to the parties and contrary to their express wishes.
Security
Where respondent had provided for the needs of his children since the separation, and there was no indication that he would not continue to do so in the future, respondent’s estate would be liable for future support “to the extent just and appropriate under the circumstances” should he otherwise fail to provide for them, there was no reason to believe that respondent, or his estate, would not be able to provide the support mandated, and respondent had ample assets apart from the pension and profit-sharing plan which provided all the necessary support, the trial court did not abuse its discretion in failing to require that respondent furnish security for his support obligations.
Social Security Benefits
Because social security dependent disability benefits are earned by the non-custodial parent, made on behalf of such parent, and, in fact, paid at least in part with contributions from the non-custodial parent’s own earnings, payment of social security dependent disability benefits satisfies a non-custodial parent’s child support obligation.
New York City divorce and family law firm handling divorce and family law cases throughout New York City and the surrounding areas. Results driven law firm with experience and skill to handle the most difficult cases.
Divorce Lawyers New York
By Law Article
July 15th, 2009 at 05:38pm
Under Administrative Law
State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.
Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.
Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.
Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster. Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.
Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.
Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.
Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.
Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.
Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.
Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.
Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.
By Law Article
July 14th, 2009 at 04:37am
Under Environmental Law
The state of New York offers a large selection of reputable law schools, with nearly two dozens in the ranks, from the renowned Columbia School of Law to the more affordable state university. Following is a brief alphabetical overview of some of the possibilities.
Located in the state capital, Albany Law School was founded in 1851 and is the nation’s oldest independent law school. The school is located near the Court of Appeals and other government agencies affording the student with vast opportunities such as internships and the ability to see law in action is a wonderful supplement to the extensive classroom training. The cost of tuition for the 2008-2009 academic year is $38,900.
The Brooklyn Law School first opened their doors in 1901. Back then, the school was located in the basement of a business school on Ryerson Street. That first year saw thirteen first year students and five-second year students pass though their doors.
The school was known from the start as an equal opportunity educational facilities blind to race or ethnic background, welcoming African-American students as early as 1909. In the heart of Brooklyn, the law school is in the very beat of the world’s cultural and legal center of the world. Tuition for the 2008-2009 academic year is listed as $42,350. For more information please go to their website.
Originally founded in 1754 under the name of King’s College, what is now known as Columbia University was founded in 1754 as King’s College. After a brief respite during the Revolution the school reopened in 1784 under its present name of Columbia. The law school offers a diverse choice of studies with many focused courses available, such as business law, environmental law and the lesser available courses like gender studies and clinics in action.
The law school list’s its current tuition at $44,124 for the full academic year. For more detailed information you can visit their website.
Cornell University does not hold the distinction of a top ten law school but it does offer an outstanding education facility that limits its enrollment to a maximum of 180 students per year. This is less than a third of what are accepted into Harvard and afford each student a highly personalized education.
Cornell Law admitted its first class of, mainly male, law students in 1887 and offered a new age from of teaching, with clerk-ships and on the job training at many of the legal offices in the city. Tuition is listed as $46,670.
There are many other fine choices such as New York University, Fordham University and the lesser known Cardozo School of Law at Yeshiva University which continues to expand and impress each year.
By Law Article
July 13th, 2009 at 08:56am
Under Construction Law
State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.
Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.
Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.
Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster. Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.
Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.
Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.
Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.
Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.
Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.
Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.
Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.
By Law Article
July 13th, 2009 at 07:07am
Under Labor Law
State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.
Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.
Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.
Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster. Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.
Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.
Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.
Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.
Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.
Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.
Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.
Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.
By Law Article
July 13th, 2009 at 01:06am
Under Labor Law
State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.
Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.
Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.
Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster. Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.
Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.
Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.
Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.
Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.
Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.
Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.
Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.
By Law Article