The Material Change Threshold Test
There is a test that has to be applied to any Motion To Change, that if it's not satisfied will stop a Motion To Change in its tracks at...
top of page
STAY IN THE KNOW!
Get Notified when a new Post is Published.
David Brewster
- Feb 29
- 7 min
Does Spousal Support Increase with Increased Salary?
Short Answer....Sometimes. It's not automatic like child support, so entitlement for post separation adjustments with increased salary of...
107 views0 comments
David Brewster
- Feb 6
- 2 min
Claiming Hardship?
Notoriously hard to win these arguments, but it's not impossible. As in most things, you don't have to look much farther than the statues...
349 views0 comments
David Brewster
- Jan 26
- 2 min
Irving Younger's 10 Commandments Of Cross Examination
I wish I could take credit for this brilliance. You will use 1-9 for every cross examination, but the 10th will happen in truly special...
66 views0 comments
David Brewster
- Jan 8
- 6 min
Changing A Temp Order
In laymen's terms, some people refer to this as a Motion To Change (MTC), or Appealing a temp order. A MTC is for final orders, and while...
141 views0 comments
David Brewster
- Jan 1
- 7 min
Quality of Evidence and Hearsay
The thing that hangs up a lot of self rep litigants is the lack of evidence quality, or inadmissible hearsay. Best Evidence versus All...
189 views0 comments
David Brewster
- Dec 28, 2023
- 6 min
Recording Video/Audio... Is it OK?
Hint ... It's probably not a great idea. It's probably a really bad one actually. It's generally considered a REALLY bad idea for a...
253 views0 comments
David Brewster
- Dec 15, 2023
- 15 min
Relocation and Children's Views and Preferences - Case Analysis
This is a case analysis of a client of mine, who became a hybrid client between Lion and Mouse, and Feldstein Family Law Group so it...
387 views0 comments
David Brewster
- Dec 11, 2023
- 3 min
What's A Financial Disclosure?
The financial information you are obligated to disclose to the other side comes in two forms. The financial statment which is a snap shot...
283 views0 comments
David Brewster
- Dec 9, 2023
- 2 min
Do Teachers and Other Child Professionals have elevated Parenting Status/Expectations in the Courts?
While say being a teacher can’t be used against you in an argument saying you should be a better parent, it can however be used against...
31 views0 comments
David Brewster
- Dec 2, 2023
- 7 min
Gross Up Imputed Income
The What and Why To impute income to a person, means to say that the income is X despite their claims that their income is actually Y....
635 views0 comments
David Brewster
- Oct 31, 2023
- 0 min
8 views0 comments
David Brewster
- Oct 30, 2023
- 2 min
Listen To The Hard Advice
I read a chilling line in a costs decision recently... "Second, I cannot help but make the sad observation that between them, the parties...
15 views0 comments
David Brewster
- Sep 25, 2023
- 3 min
Good Counsel will Say-It-As-It-Is
I love to the point case law. This one demonstrates the difference that can be made to a case when someone switches from a lawyer that...
13 views0 comments
David Brewster
- Aug 21, 2023
- 2 min
Can You Force a Buyout On The Matrimonial Home?
There's been posts in the Facebook group about how to keep the matrimonial home. I did a post a while ago on the subject on what to...
68 views0 comments
David Brewster
- Jul 25, 2023
- 2 min
Can Family Testify For You?
You may be tempted to have family (like your parents) testify on your behalf at trial (or for a motion). Be careful, more often than not...
30 views0 comments
David Brewster
- Jul 24, 2023
- 4 min
Only Consent Orders at Case Conference?
It's been a little while since I've seen this, but it frustrates me every time I read someone say "only consent orders are possible at a...
8 views0 comments
David Brewster
- Jun 15, 2023
- 2 min
My Ex is a Narcissist
So first, be careful to not actually say your ex is a narcissist in your materials, for a few reasons: Narcissism Personality Disorder is...
19 views0 comments
David Brewster
- Apr 2, 2023
- 2 min
Relitigate? Is it a thing?
Wanting to relitigate old issues is a common trapping... not just for appeals but for motions to change. In an appeal, one may think it's...
8 views0 comments
David Brewster
- Feb 23, 2023
- 2 min
Compel a Non-Party for Disclosure
I’ve had some discussions lately with various people about how to go about obtaining documents from a person who is not a party to the...
12 views0 comments
bottom of page