Renata Weissman, P.C.

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Judge Sunshine of the Brooklyn Supreme Court sent a sheriff to a husband's home with an ex parte order to seize his iPhone and computers after lawyers for the wife submitted evidence showing her husband had planted spyware on her iPhone just before filing for divorce. According to the wife's expert, it took the husband roughly 14 minutes to install 3 programs that would allow him to access emails, text messages, call history and logs, as well as other information, including her physical location via GPS tracking. Lesson for all of us is to be careful with our technology and how we store and access confidential information.

Governor Cuomo signed into law on Friday, September 25, 2015, the Maintenance Guidelines Legislation, which, among other things, provides a formulaic approach to the computation of spousal support/maintenance, does away with the asset concept of enhanced earnings capacity, and provides additional factors for the courts to consider in determining the financial issues attendant to the dissolution of a marriage. The temporary guidelines go into effect 30 days from signing with the rest of the bill going into effect in 120 days. Good news for many practitioners as it will make outcomes more predictable.

In yet another cautionary tale, a wife was ordered to turn over four years of Facebook posts to help the court determine the amount of time she spent with her child, as part of a custody dispute. As the time spent with the child is a relevant factor in custody, this court determined that the wife's detailed Facebook accounts of her travels were a relevant aid in discovery. http://www.newyorklawjournal.com/home/id=1202735637732