Blog Posts in 2006
44 results found. Viewing page 1 of 2.
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Posted on Dec 22, 2006 By Brian Perskin
It is important to tell the truth when you apply for a green card. Many times people get married and have not seen their husband or wife for years. However, there comes a time that they need a divorce ...
Continue reading "Marrying For a Green Card" »
Posted on Dec 16, 2006 By Brian Perskin
Before you sign on the dotted line, make sure you agree with all the financial terms of your divorce agreement. Too many people, just want their divorce to end and they wind up agreeing to terms that ...
Continue reading "Can I Set Aside My Agreement?" »
Posted on Dec 12, 2006 By Linda King
Most lawyers know that law degrees, and medical degrees can be valued as part of a divorce in New York State. What many lawyers overlook is attempting to place a value on other forms of enhanced ...
Continue reading "Enhanced Earnings: Am I entitled?" »
Posted on Dec 12, 2006 By Brian Perskin
Many times people come to me and show me their judgement of divorce. In a judgement there are generally provisions for certain payments to be made, like child support, maintenance or distributive ...
Continue reading "Am I Entitled to Interest?" »
Posted on Nov 6, 2006 By Brian Perskin
It amazes me when litigants refuse to provide discovery during the pendancy of a divorce. An experienced New York Divorce Lawyer would never put up with his or her client failing to provide discovery ...
Continue reading "Failure to Provide?" »
Posted on Nov 1, 2006 By Brian Perskin
IRS regs clearly state that a non custodial parent is only entitled to take the child deduction if they have written permission to do so from the custodial parent. However, some Judges in New York are ...
Continue reading "Am I entitled to the Federal Tax Deduction for Child Support?" »
Posted on Nov 1, 2006 By Brian Perskin
In a recent decision, the appellate division in the Fourth Department, reduced an award of equitable distribuition from forty percent to twenty percent of the value of a degree earned during the ...
Continue reading "Enhanced Earning Degree" »
Posted on Oct 20, 2006 By Brian Perskin
Many people sign pre nups, however, most pre nups prepared by non lawyers or lawyers not familiar with matrimonial law prepare them wrong. Pre Marital or Post Marital Agreements The following case ...
Continue reading "The law" »
Posted on Oct 20, 2006 By Brian Perskin
Unless a petitioner can prove that it is unsafe to continue living together in the marital residence until the divorce is final, a judge will not kick one of the parties out of the house. Recently in ...
Continue reading "Exclusive Occupancy of the Marital Residence" »
Posted on Oct 18, 2006 By Brian Perskin
People enter agreements all the time in divorce cases in New York. An agreement is what it sounds like. Both sides agree to all the terms. It is amazing when one of the parties refuse to abide by the ...
Continue reading "Failing to Abide by Orders" »
Posted on Oct 18, 2006 By Brian Perskin
In New York, if two people agree in a written agreement or a child custody order is entered, it is not easy to change custody unless one parent has a good reason. People file petitions in family court ...
Continue reading "Can Custody be Change?" »
Posted on Oct 11, 2006 By Brian Perskin
People call me every day and ask me how much do I charge for an uncontested divorce in New York. I tell everybody the same thing. It depends on your case. Many people think their divorce is ...
Continue reading "Uncontested Divorces" »
Posted on Oct 5, 2006 By Brian Perskin
In some cases, people to travel to other states to get a divorce. Sometimes, it is more difficult and expensive to obtain a divorce in New York. Some people do this because all or some of the property ...
Continue reading "What Happen's If My Husband Was Granted A Divorce in Another State?" »
Posted on Oct 3, 2006 By Brian Perskin
All property acquired during the course of a marriage is considered marital property. What many people do not realize is any license or degree obtained during the marriage can be valued and divided ...
Continue reading "Enhanced Earnings, How Much Do I have to Give Up?" »
Posted on Sep 28, 2006 By Brian Perskin
This is the first in a series of cases I will post for my readers to get a sense of what they need to prove if they want to relocate or fight a relocation. You should know that when either preparing ...
Continue reading "Can I Move?" »
Posted on Sep 26, 2006 By Brian Perskin
If you are involved in Divorce in New York and your future ex spouse is attempting to hide assets, the discovery process is the way for you and your lawyer to find out what he is actually hiding. ...
Continue reading "How Do I Go About Discovery ?" »
Posted on Sep 26, 2006 By Brian Perskin
Many times individuals enter marriage with their own separate property. The Divorce laws in New York allow for indivuals getting divorced to keep their separate property. However, it is difficult in ...
Continue reading "What is Separate Property?" »
Posted on Sep 22, 2006 By Brian Perskin
Most people and in fact many lawyers are amazed that a man who holds himself out as a childs father, either by fraud or mistake can be held accountable for child support. The theory in New York is ...
Continue reading "Do I owe Support if I am not the Biological Father?" »
Posted on Sep 22, 2006 By Brian Preskin
All too often, women come into my office and tell me their wonderful future husband is requesting a pre nuptial agreement be signed before the marriage. Many pre nuptial agreements are fair and strait ...
Continue reading "Be Careful Before You Sign..." »
Posted on Sep 20, 2006 By Brian Perskin
New York City Pensions issued from the Police, Fire, Sanitation and Other City agencies generally have a provision for a variable supplement fund and a Cost of Living Allowance (COLA). Many lawyers ...
Continue reading "Does My QRDO Include Variable Supplement Benefits and a Cola Increase?" »
Posted on Sep 20, 2006 By Brian Perskin
In 1996 Four Days before the Kessler's married, the future Mrs. Kessler, executed a prenuptial agreement waiving all of her rights to her husbands property, including the right to get attorneys fees ...
Continue reading "Are You Entitled to Attorneys Fees to Contest Your Pre Nup?" »
Posted on Sep 19, 2006 By Brian Perskin
Many women feel that they can prevent the father of their children from seeing thier child or children. The women feel that the father is a bum, that he will not properly supervise them, that he will ...
Continue reading "Father's Rights... Do they Exist?" »
Posted on Sep 19, 2006 By Brian Perskin
cannot tell you how many times a client or potential client comes to my office and says they are entitled to more than half of all of the assets. Sometimes a client will tell me that they want to give ...
Continue reading "I want more than half...." »
Posted on Sep 16, 2006 By Brian Perskin
A matrimonial commission established by the state's chief judge, Judith Kaye, has recommended that New York join with the rest of the nation and enact a no-fault divorce law. In my opinion forcing ...
Continue reading "Is New York State Ready for No Fault Divorce?" »
Posted on Sep 16, 2006 By Brian Perskin
What is SPECIAL RELIEF? It is relief that the court may grant a party directing his/her spouse to provide insurance for the benefit of his/her spouse or his/her children. When is special Relief ...
Continue reading "Can the Judge Require Life Insurance?" »
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