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Blog Posts in 2006

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Tax Issues

Make sure you hire a divorce lawyer that knows about tax issues. To many lawyers are clueless when it comes to the details of many divorce settlements. Generally, I try to write every agreement to ...
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Marrying For a Green Card

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 ...
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Can I Set Aside My Agreement?

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 ...
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Enhanced Earnings: Am I entitled?

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 ...
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Am I Entitled to Interest?

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 ...
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The Basics of Any Agreement

Separation agreements, or stipulations of settlement and property settlement agreements in the context of Matrimonial Law in New York, generally referr to agreements made before parties decide to ...
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Failure to Provide?

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 ...
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Am I entitled to the Federal Tax Deduction for Child Support?

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 ...
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Enhanced Earning Degree

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 ...
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The law

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 ...
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Exclusive Occupancy of the Marital Residence

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 ...
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Failing to Abide by Orders

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 ...
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Can Custody be Change?

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 ...
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Uncontested Divorces

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 ...
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What Happen's If My Husband Was Granted A Divorce in Another State?

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 ...
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Enhanced Earnings, How Much Do I have to Give Up?

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 ...
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Can I Move?

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 ...
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How Do I Go About Discovery ?

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. ...
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What is Separate Property?

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 ...
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Do I owe Support if I am not the Biological Father?

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 ...
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Be Careful Before You Sign...

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 ...
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Does My QRDO Include Variable Supplement Benefits and a Cola Increase?

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 ...
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Are You Entitled to Attorneys Fees to Contest Your Pre Nup?

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 ...
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Father's Rights... Do they Exist?

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 ...
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I want more than half....

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 ...
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