Blog Posts in September, 2006
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?" »
Posted on Sep 16, 2006 By Brian Perskin
The 7 Most Costly Mistakes Each year there are nearly 1 million divorces in the United States, or about 50% of all marriages (2002 United States Census Bureau statistics). The real tragedy, however, ...
Continue reading "Seven Fatal Mistakes in Settlement" »
Posted on Sep 16, 2006 By Brian Perskin
The best advice I can give to some clients is to settle their divorce case early, if they are fully informed of all the facts of their case. What do I mean? Lets say that your husband is feeling ...
Continue reading "Settle Early" »
Posted on Sep 13, 2006 By Brian Perskin
I recently was in Court, arguing my contempt motion in New York Supreme Court and a wealthy business man who owns a number of bakerys and he told the Judge he makes no money..... He has not paid any ...
Continue reading "Failure to Pay Any Support" »
Posted on Sep 6, 2006 By Brian Perskin
Last week, New York Judge Jacqueline Silbermann sent a strong message to abusive spouses. In the case of DeSilva v. DeSilva, she ruled, in a divorce , that a wife was entitled to one hundred percent ...
Continue reading "Financial Penalty For Spousal Abuse" »
Posted on Sep 6, 2006 By Brian Perskin
In New York State, Judges can force the sale of the marital residence or any property that is deemed to be marital. It is a common misconception among litigants in a divorce case in New York that a ...
Continue reading "Can the Judge Force me to Sell My House?" »
Posted on Sep 2, 2006 By Brian Perskin
When negotiating a child support agreement, it is important for you to take into consideration the applicable tax laws. The IRS only allows the custodial parent to take the deduction unless the ...
Continue reading "Tax Deductions" »
Posted on Sep 1, 2006 By Brian Perskin
New York State Law requires that all litigants in a divorce case must comply with financial discovery. Howver, many people either withhold information or many times lie about the extent of their ...
Continue reading "How do I find out how much money my husband has?" »
Posted on Sep 1, 2006 By Brian Perskin
You would be surprised how many people actually either out right lie to the Court or misrepresent the truth. For the most part Judges know when a person is lying and when they find out, it will feel ...
Continue reading "Never Lie to a Judge" »