The Law Firm of Joel R. Brandes, P.C.
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Recent Decisions & Articles
Recent Decisions, Legislation and Court Rules
New York Law Journal Articles by Joel R. Brandes
Articles Published in NYSBA Family Law Review
Bits and Bytes™ Issues - New York Divorce and Family Law Newsletter
Table of Contents of this website
Joel R. Brandes Letters to the Editor
Recent International Child Abduction Cases
Books by Joel R. Brandes
Adoption Information Articles
Child Abuse & Prevention Articles
Common Law Marriage Articles
Child Visitation Supervisors
Domestic Violence Articles
Engagement gifts Articles
Family Court Proceedings Articles
Grandparent and Non-Parent Visitation Articles
Professional Conduct Articles
Income Tax and Capital Gains Tax Articles
Spousal Support Articles
Divorce Information
Antenuptial, Prenuptial, Nuptial and Post Nuptial Agreements
Child Custody, Visitation (Parental Access) & Parental Alienation
Child Support
Counsel Fee Awards
Degrees & Licenses
Emergency Court Applications
Enforcement of Judgments & Orders
Equitable Distribution of Marital Property
Equitable Distribution Law for Trial Counsel
Equitable Distribution Decisions Chart to January 1, 2023
Exclusive Occupancy of Marital Home
Frequently Asked Questions About Marriage, Divorce, Separation and Custody
Grounds for Divorce
Legal Fees, Liens & Sanctions
Litigation & Procedure
Maintenance Awards until 2016
Maintenance Awards on or after January 22, 2016
Maintenance, Special Relief & Spousal Support
Maintenance and Child Support New York Court System Tools
Marital Property, Separate Property and Property Distribution
Motion Practice
Modification of Maintenance and Child Support Orders and Judgments
Orders of Protection
Qualified Domestic Relations Orders
Retirement Benefits
Right to Counsel in Matrimonial Action
Role of the Attorney for the Child
Special Relief (life, health, accident, medical and dental insurance)
Social Security Benefits for Divorced Spouses
Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
Trial and Trial Testimony
Trial and Trial Testimony 2023 Update
Trial of a Divorce and Custody Action Website
Trial Evidence for Divorce and Family Law
Uniform Child Custody Jurisdiction & Enforcement Act Overview
Valuation Aids
Appellate Practice
Important Practice Updates from the Appellate Divisions
Instructions for taking an Appeal to the Appellate Division
Taking an Appeal from Supreme Court under NYCSEF
Who is served with the notice of appeal?
Registration and Consent to Efiling by Respondents
Preserving the Right to Appeal
Appellate Division is Single Statewide Court
Appeals to the Appellate Division as of Right from the Supreme Court
Permissible Appellant—“Aggrieved party” and Mootness doctrine
Permissible Appellant - Appealable Judgment or Order
Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
Appeals : Fundamental and Harmless Error
Appeals : Matrimonial Presumptions and the Burden of Proof
Appeals : Stare Decisis, Precedent and Dicta
Appeals : Understanding the Support Magistrate Objection Process
Appeals to the Appellate Division from Family Court
Perfecting the Appeal to the Appellate Division - Methods
Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
Method of Settlement of the Transcript
Appeals to Appellate Division from Supreme Court by permission
Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
Form of Briefs and Appendices - CPLR
What must be in the Reproduced Full Record
What is the Judgment-roll?
What must be in the Appendix.
What must be in Briefs
Time, number and manner of filing of records, appendices and briefs
Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
Extension of time to perfect appeal
Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
First Department Requirement of note of issue
Stay of Enforcement of Order or Judgment Pending Appeal
Practice in the Appellate Division: What Laws Govern
Practice Rules of the Appellate Divison: Joint & Local Rules
Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
Practice in the Appellate Division, First Department, Frequently asked questions
Practice in the Appellate Divison: Motions in the First Department
Practice in the Appellate Divison: Motions in the Second Department
Practice in the Appellate Division: Motions in the Third Department
Practice In The Appellate Division:Motions in the Fourth Department
Instructions for Taking an Appeal Frequently Asked Questions
Instructions for Perfecting an Appeal to the Appellate Division
Instructions to Perfect an Appeal in the Third Department
Instructions to perfect an appeal in the Fourth Department
Appellate Division Fourth Department Q & A
Universal E-filing in the Fourth Department
Standards of Appellate Review in Matrimonial Actions
Standards of Appellate Review of Custody Determinations
Standards of Appellate Review of Custody Determinations - Changed Circumstances during pendency of appeal
Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
Mandatory Electronic filing (e-filing): First Department
Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
Electronic filing (e-filing): First Department New and Amended Local Rules
Electronic filing (e-filing): First Department Formatting Specifications
Electronic filing (e-filing): First Department Frequently Asked Questions
Electronic filing (e-filing): Second Department Technical Guidelines
Mandatory Electronic filing (e-filing): Second Department
Electronic filing (e-filing): First Department Motions Frequently Asked Questions
Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
Electronic filing (e-filing): Third Department Motion FAQs
Mandatory Electronic filing (e-filing): Fourth Department
Electronic filing (e-filing): Fourth Department Motion FAQS
Electronic filing Authorization in matrimonial actions
E-filing Rules and Forms of the Appellate Division
Joel R. Brandes Reported Appeals
Court of Appeals Rules of Practice
How to take an Appeal to the Court of Appeals
Appeals as of Right to the Court of Appeals
Motions for Leave to Appeal to the Court of Appeals
Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
Appealability and Reviewability in the Court of Appeals
What is a Final Determination appealable to Court of Appeals?
The "Necessarily Affects" Requirement of the Court of Appeals
Filing of record material and briefs in normal course appeals to the Court of Appeals
Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
Content and form of Briefs in Normal Course Appeals to the Court of Appeals
Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
Civil Motions in the Court of Appeals Frequently Asked Questions
Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
Court of Appeals Portal for uploading companion digital submissions
Court of Appeals Court Pass Public Access and Search
Trial of a Divorce and Custody Action
New York Court System Links for Lawyers
New York Court Rules
Electronic Filing in Supreme Court Rules and FAQ's
Removal of NYCSEF Consent 22 NYCRR 202.16-c
Sending Documents to the Court Using EDDS
Family Court Official Forms
New York Courts Case Search Page for E-filed Case Files
New York Court System Site Map
New York Court Websites and Decisions
International Child Abduction Laws and Information
Hague International Child Abduction Convention cases from 2011 to date.
Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
Who we are
Joel R. Brandes Curriculum vitae
Make an Appointment for a Consultation
Subscribe to Bits and Bytes™
Terms of Use Privacy Policy
Consultation Fee Payment
Income tax and Capital Gains Tax Articles
How does the Tax Cuts and Jobs Act of 2017 affect the Income Tax Aspects of Maintenance and Child Support Payments?
(information about how the Tax Cuts and Jobs Act of 2017 affects the dependency exemption and the income tax aspects of divorce and separation commencing January 1, 2018).
What are the income tax consequences of property transfers pursuant to a divorce?
How much are the taxes if we sell our house?
Home
Recent Decisions & Articles
Recent Decisions, Legislation and Court Rules
New York Law Journal Articles by Joel R. Brandes
Articles Published in NYSBA Family Law Review
Bits and Bytes™ Issues - New York Divorce and Family Law Newsletter
Table of Contents of this website
Joel R. Brandes Letters to the Editor
Recent International Child Abduction Cases
Books by Joel R. Brandes
Adoption Information Articles
Child Abuse & Prevention Articles
Common Law Marriage Articles
Child Visitation Supervisors
Domestic Violence Articles
Engagement gifts Articles
Family Court Proceedings Articles
Grandparent and Non-Parent Visitation Articles
Professional Conduct Articles
Income Tax and Capital Gains Tax Articles
Spousal Support Articles
Divorce Information
Antenuptial, Prenuptial, Nuptial and Post Nuptial Agreements
Child Custody, Visitation (Parental Access) & Parental Alienation
Child Support
Counsel Fee Awards
Degrees & Licenses
Emergency Court Applications
Enforcement of Judgments & Orders
Equitable Distribution of Marital Property
Equitable Distribution Law for Trial Counsel
Equitable Distribution Decisions Chart to January 1, 2023
Exclusive Occupancy of Marital Home
Frequently Asked Questions About Marriage, Divorce, Separation and Custody
Grounds for Divorce
Legal Fees, Liens & Sanctions
Litigation & Procedure
Maintenance Awards until 2016
Maintenance Awards on or after January 22, 2016
Maintenance, Special Relief & Spousal Support
Maintenance and Child Support New York Court System Tools
Marital Property, Separate Property and Property Distribution
Motion Practice
Modification of Maintenance and Child Support Orders and Judgments
Orders of Protection
Qualified Domestic Relations Orders
Retirement Benefits
Right to Counsel in Matrimonial Action
Role of the Attorney for the Child
Special Relief (life, health, accident, medical and dental insurance)
Social Security Benefits for Divorced Spouses
Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
Trial and Trial Testimony
Trial and Trial Testimony 2023 Update
Trial of a Divorce and Custody Action Website
Trial Evidence for Divorce and Family Law
Uniform Child Custody Jurisdiction & Enforcement Act Overview
Valuation Aids
Appellate Practice
Important Practice Updates from the Appellate Divisions
Instructions for taking an Appeal to the Appellate Division
Taking an Appeal from Supreme Court under NYCSEF
Who is served with the notice of appeal?
Registration and Consent to Efiling by Respondents
Preserving the Right to Appeal
Appellate Division is Single Statewide Court
Appeals to the Appellate Division as of Right from the Supreme Court
Permissible Appellant—“Aggrieved party” and Mootness doctrine
Permissible Appellant - Appealable Judgment or Order
Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
Appeals : Fundamental and Harmless Error
Appeals : Matrimonial Presumptions and the Burden of Proof
Appeals : Stare Decisis, Precedent and Dicta
Appeals : Understanding the Support Magistrate Objection Process
Appeals to the Appellate Division from Family Court
Perfecting the Appeal to the Appellate Division - Methods
Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
Method of Settlement of the Transcript
Appeals to Appellate Division from Supreme Court by permission
Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
Form of Briefs and Appendices - CPLR
What must be in the Reproduced Full Record
What is the Judgment-roll?
What must be in the Appendix.
What must be in Briefs
Time, number and manner of filing of records, appendices and briefs
Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
Extension of time to perfect appeal
Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
First Department Requirement of note of issue
Stay of Enforcement of Order or Judgment Pending Appeal
Practice in the Appellate Division: What Laws Govern
Practice Rules of the Appellate Divison: Joint & Local Rules
Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
Practice in the Appellate Division, First Department, Frequently asked questions
Practice in the Appellate Divison: Motions in the First Department
Practice in the Appellate Divison: Motions in the Second Department
Practice in the Appellate Division: Motions in the Third Department
Practice In The Appellate Division:Motions in the Fourth Department
Instructions for Taking an Appeal Frequently Asked Questions
Instructions for Perfecting an Appeal to the Appellate Division
Instructions to Perfect an Appeal in the Third Department
Instructions to perfect an appeal in the Fourth Department
Appellate Division Fourth Department Q & A
Universal E-filing in the Fourth Department
Standards of Appellate Review in Matrimonial Actions
Standards of Appellate Review of Custody Determinations
Standards of Appellate Review of Custody Determinations - Changed Circumstances during pendency of appeal
Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
Mandatory Electronic filing (e-filing): First Department
Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters
Electronic filing (e-filing): First Department New and Amended Local Rules
Electronic filing (e-filing): First Department Formatting Specifications
Electronic filing (e-filing): First Department Frequently Asked Questions
Electronic filing (e-filing): Second Department Technical Guidelines
Mandatory Electronic filing (e-filing): Second Department
Electronic filing (e-filing): First Department Motions Frequently Asked Questions
Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
Electronic filing (e-filing): Third Department Motion FAQs
Mandatory Electronic filing (e-filing): Fourth Department
Electronic filing (e-filing): Fourth Department Motion FAQS
Electronic filing Authorization in matrimonial actions
E-filing Rules and Forms of the Appellate Division
Joel R. Brandes Reported Appeals
Court of Appeals Rules of Practice
How to take an Appeal to the Court of Appeals
Appeals as of Right to the Court of Appeals
Motions for Leave to Appeal to the Court of Appeals
Guidelines for Preparing a Motion for Leave to Appeal to the Court of Appeal
Rule 500.11 Review Alternate Procedure for Selected Appeals to the Court of Appeals
Appealability and Reviewability in the Court of Appeals
What is a Final Determination appealable to Court of Appeals?
The "Necessarily Affects" Requirement of the Court of Appeals
Filing of record material and briefs in normal course appeals to the Court of Appeals
Contents of Records, Appendices and Exhibits in Normal Course Appeals to the Court of Appeals
Content and form of Briefs in Normal Course Appeals to the Court of Appeals
Frequently Asked Questions for Civil and Criminal Appeals to the Court of Appeals
Civil Motions in the Court of Appeals Frequently Asked Questions
Court-Pass - Court of Appeals Digital Filing Frequently Asked Questions
Court of Appeals Portal for uploading companion digital submissions
Court of Appeals Court Pass Public Access and Search
Trial of a Divorce and Custody Action
New York Court System Links for Lawyers
New York Court Rules
Electronic Filing in Supreme Court Rules and FAQ's
Removal of NYCSEF Consent 22 NYCRR 202.16-c
Sending Documents to the Court Using EDDS
Family Court Official Forms
New York Courts Case Search Page for E-filed Case Files
New York Court System Site Map
New York Court Websites and Decisions
International Child Abduction Laws and Information
Hague International Child Abduction Convention cases from 2011 to date.
Table of Reported and Unreported Hague Convention Cases from 1988 until 2010
Who we are
Joel R. Brandes Curriculum vitae
Make an Appointment for a Consultation
Subscribe to Bits and Bytes™
Terms of Use Privacy Policy
Consultation Fee Payment