Recent Blog Posts

Are You Looking For a Winning Divorce Strategy?

Brian Perskin — Thu, 24 Nov 2011 13:20:00 GMT

A winning divorce strategy requires careful planning, strategy and implementation with the assistance of an experienced attorney and the co-operation of the spouse in order to ensure that the strategy is implemented effectively and that the usual pitfalls are avoided.

In order to have a winning divorce strategy there are several factors that you need to have in place.

These include:

1. An experienced attorney

Your family law attorney needs to have extensive experience with divorce law, implementing effective strategies and dealing with a wide variety of cases.
An experienced and intelligent divorce attorney knows that no two cases are the same and will thus be able to treat your case on an individual basis and guide to towards a strategy that is specifically suited to your particular circumstances and facts.

No two cases are ever the same and a divorce attorney must realize this and treat the facts of your particular case with care and consideration. There is no one size fits all approach to divorce and divorce strategy, and it is critical to ensure that the attorney that you engage reflects this mentality.

2. An attorney that knows the other players

When creating and structuring a divorce strategy it is of course important to know and understand the facts of an individual case, but it is also essential that the attorney that you hire also knows the other players.
This means that they should know who the other party's attorney is and their method of operating when it comes to family law matters. Knowledge is power, particularly in the sensitive area of Divorce, which has long term consequences for all the parties involved, including children

3. Have a clear and detailed financial road map

Establishing a financial road map means several things. First and foremost it is imperative that you have a clear and detailed evaluation of your current financial status. from there, it is the role of your attorney to maximize your potential settlement amount, utilizing the facts at hand and possibly through the hiring of external professionals and evaluators to add credibility to your case.

4. Avoid the typical pitfalls

the most common of all divorce pitfalls is the emotional element. people who are going through the traumatic divorce process quite often jeopardize their case by allowing their emotions to dictate their actions.

This is why it is essential to hire an experienced, intelligent and aggressive divorce attorney who can take the emotions out of the strategy, guide you through the process in a practical manner and get you the best possible outcome for your case.

To get your divorce strategy strated, contact the Law Offices of brian D Perskin Today!

3 Biggest Mistakes that People Make When Getting a Divorce

Brian Perskin — Thu, 17 Nov 2011 15:45:00 GMT

Going through a divorce is a difficult process that takes a toll on an individual on many levels – including emotional, financial and physical.

However it is important that while you are going through the divorce process you remain in control and avoid making some of the biggest mistakes that can have long term consequences for both you and your family.

Mistake 1:

Not changing passwords to emails and other sensitive information.

One of the biggest mistakes that people can make when going through a divorce is forgetting to change the passwords to their email or social media accounts, thus giving the other party access to sensitive and private information that can later be used against them.

Remember that emails and other communication is admissible in court and is quite often used. Leaving emails open and exposing your highly sensitive information to your soon to be ex spouse can be devastating to the outcome of your divorce settlement. Always ensure that you change all passwords – including email, phone, social media sites that you belong to and anything else that the other party can use against you.

Mistake 2:

Making unreasonable motions that frustrate Judges

In many cases, people who are going through a divorce are fueled with anger and are overcome by their emotions. This can lead them to be spiteful and make motions before a court that are unreasonable, futile and only serve to frustrate the Judges and the other parties involved. Examples that I have seen over the years are making motions for pick up time to be moved by one hour or reducing the vacation time with the child by a day or two.

Such motions are not only a waste of the Court's time, but highly expensive and will ruin the way that the Judge views you and your case – which can have a negative impact on the final ruling in the divorce settlement.

Mistake 3:

Emotional Issues

One of the biggest mistakes that people make when going through a divorce is becoming driven by their emotions and not thinking rationally. They use up their attorney's time to discuss their emotional problems and this is expensive and ineffective.

It is the role of your attorney to take action and put in a divorce strategy for you that will ensure that you get the best outcome, in spite of how you are feeling at the present time. For a winning divorce strategy and intelligent, yet aggressive representation, contact the Law Offices of Brian D Perskin.

Finding a Divorce Attorney that Knows How to Challenge Business Evaluation Reports

Brian Perskin — Wed, 09 Nov 2011 21:25:00 GMT

When you are dealing with business evaluations in a divorce case it is crucial to hire an attorney that knows how to interpret these business evaluations and how to ask the right questions and examine them in detail.

Quite often business evaluations are based on historical information and do not take into account the current economic climate, the type of business or industry that you are in and the future predictions about the state of the economy and your particular industry.

This is why is highly essential that the divorce attorney that you hire is experienced both in economics, finance and has extensive experience in reading and evaluating business valuations.

Business valuations are prepared by experts, but these experts may not have access to all the particulars that relate to the business that you are in and the details about your specific business and industry. Quite often they make generalized evaluations that are not in your best interest and can be costly in your divorce.

Always ensure that a thorough evaluation has been made by your attorney when it comes to evaluating the business valuation reports prepared by professional. Your attorney knows your case, your financial situation and should have the extensive experience behind them to interpret and question these reports so that they provide a true and fair valuation of your business and the market value.

For an attorney with the skills, knowledge and expertise in examining business valuations and providing you with top advice on how to move forward with your divorce, contact the Law Offices of Brian D Perskin.

Reasonable Alimony Expectations in New York

Brian Perskin — Wed, 02 Nov 2011 20:20:00 GMT

When applying for alimony or spousal support, this is not a ticket for free income for the rest of your life. There are a number of factors that are taken into account with regard to alimony payments and the Court system in New York will expect the spouse receiving the spousal support or alimony to find other means of supplementing their income.

It is important to realize that alimony payments in New York do not last forever and the rule of thumb is that they last for approximately half of the time that the two parties were married. This is just a generalized estimate, but something that needs to be taken into account when considering alimony and the expectations that people have around spousal support.

Spousal support is in place to help the non monied spouse get back on their feet and to get an equitable amount of income dependent on the time that they were married to the spouse who was the main earner in the relationship.

However, quite often people have unrealistic expectations about the amount of alimony that they should receive and the length that it should be paid. These expectations need to be kept in check, because the New York Court System will expect the spouse who is receiving the spousal support payments to find work at some point.

It may take time – especially if one spouse is raising small children and unable to work, but it is reasonable to expect that at some point in the future the spouse who is receiving alimony will eventually find alternative means to support themselves and their family.

For more advice on alimony in New York and determining reasonable alimony and spousal support payments, contact the Offices of Brian D Perskin.

Dealing with Alimony and Divorce

Brian Perskin — Sat, 15 Oct 2011 17:00:00 GMT

Dealing with alimony and divorce is a hot topic and there are differing views on how to alimony or spousal maintenance is to be determined and what is actually fair and equitable in each situation. It is crucial to remember that every divorce case is different and you must not expect to receive the same alimony that you heard somebody else received.

This is because alimony, along with other divorce issues is based on the facts of each individual case and it is also important to remember that there is only so much that you can expect to get from one person's paycheck. It is also largely unfair to expect one party of the divorce to support the other indefinitely.

When it comes to divorce and alimony there is both the short and long term view that needs to be considered. In the short term, the spouse with the money may be expected to pay a higher a money initially, but this is reduced over time and Courts in New York expect the other spouse to find work and the means to support themselves over the long term.

The way that alimony is determined as a rule of thumb is that the spousal support payments will last approximately half of the time that the couple were married, and the payments that are to be made will be at a reducing rate. Thus, there is some short term pain for the spouse that is to be making the payments, but this is by no means a long term solution.

Judges in New York do expect the spouse that is receiving the alimony to take the appropriate steps in finding works and the means to support themselves financially.

Find out more about divorce and alimony and how to create a Winning Divorce Strategy with an experienced and highly professional New York Divorce Attorney that understands that each case is to be treated with attention to the particular facts.

An Experienced Divorce Lawyer Can Improve Your Divorce Strategy

Law Offices of Brian D. Perskin — Mon, 10 Oct 2011 18:15:00 GMT

An experienced divorce lawyer can help your prepare for your divorce in several ways. Someone who knows the system should know how to get things done. There is so much about the practice of law that is not covered in law school. Furthermore, there is a lot about family law that lawyers would not learn by practicing in other areas. Finally, New York family law is different from family law in other jurisdictions – so someone who is experienced in family law in another state may not necessarily know the New York system.

Consider all the details that can make a lawyer more efficient.

Knowing what forms are required
Knowing what documents to request from the other side
Knowing where to find forms
Knowing how to submit forms
Knowing the deadlines for filing cases

There is much more to the practice of law than understanding how judges are likely to interpret statutes and case law. A lawyer who knows the people in the system has an edge in winning cases.

Consider how experience working with various players in the system can create an advantage:

Knowing other lawyers means knowing what strategies they are likely to use, knowing if how to interpret their offers, and being able to recommend the best counter strategies to their tactics. Also, knowing how to prepare clients emotionally for how the other side might aggravate the situation.
Knowing judges means knowing how they are likely to interpret arguments. This can help a lawyer craft the most effective arguments by focusing on topics that are likely to sway the judge and preparing for what the judge may perceive as weaknesses in the case.
Knowing professionals that provide counselling and other forms of support can help a lawyer make good recommendations. In some cases, clients may not know to ask for services that could help them. An experienced lawyer can advise clients of their options. For example, in some cases, children may benefit from seeing a therapist with training and experience working with children who are in the middle of a custody dispute or a divorce. This can be very important if physical or emotional abuse is an issue in the case. In other cases, a financial specialist may help clients protect their rights. For example, a tax lawyer might save them a lot of money by helping craft a strategy so they can thrive financially after their divorce.

An experienced divorce lawyer has likely seen similar cases to what you are going through. This means being able to provide better advice for your situation and being able to provide that advice in a more effective manner.

Business and Asset Evaluation and Your Divorce Strategy

The Law Offices of Brian D. Perskin — Tue, 04 Oct 2011 23:20:00 GMT

Under New York law, property is divided among divorcing spouses and one spouse may be ordered to pay the other maintenance after a divorce. To determine how to make these financial orders, the court needs to know more about the financial assets of the couple. Information about financial assets can also be helpful during a medication or negotiation. If one or both spouses own a business, the accounting can become very complex to the point a business and asset evaluation may be needed.

A business and asset evaluation is prepared by an expert. However, many of the figures can be biased and subject to interpretation. Therefore, it is important to have a lawyer who will look the business asset evaluation carefully. If some assumptions and figures seem off or are biased against their client, a lawyer should object.

Especially for large business, finances can be very complicated. There can be a huge range of ways figures can be calculated. For example, if assessing the value of the business, should you look at how much the business is worth today based on its market value? Based on competitors? Should you look at the average value of the business over the last year? The last two years? Should you look if there were tactics used to hide money such as diverting funds to other corporations? A lawyer should be aware of the tricks that can be used and watch for them.

Even if the other side isn't playing dirty, they can still reach conclusions that may not be favorable to you.

The business may have been set up to make income appear low for tax purposes. The accountants may provide figures of earnings in good faith thinking that these are the figure they use regularly. However, a client who wants to show the business is of higher value might challenge the approach used to make these financial calculations.

In another example, standard practice may be to consider the value of a business as being three times the size of its annual sales. This approximation may not be valid for the type of business being evaluated. It may also not properly reflect the current economic climate.

To protect your financial interests, it is important to have a experienced and aggresive lawyer on your side. How can an experienced lawyer help you optimize your divorce strategy when it comes to business and asset evaluations?

First, an experienced lawyer knows what experts to recommend. There are many experts who can conduct business and asset evaluations. Your lawyer should know which ones are reputable and will find the information you need to know.

Also, an experienced lawyer knows what questions to ask in the event the business and asset evalution is not favorable to your interests.

Finally, an experienced lawyer can communicate the results of the business asset evaluation to you without jargon. This can be very helpful to understand where you stand in your case.

When it comes to business asset division and business and asset evaluations, be sure you obtain the services of a business division lawyer. The critical part is obtaining the services of a lawyer that can actually understand and evaluate that report.

A Well-Connected Lawyer and Your Divorce Strategy

Law Offices of Brian D. Perskin — Sat, 01 Oct 2011 22:50:00 GMT

During your divorce you are up against both your spouse and your spouse's lawyer. When many people are going through divorce, they realize they didn't really know the person they were married to. Others know their ex all too well and may think they can anticipate what they will do. However, the reality is in many cases the spouse is making decisions and planning tactics based on the advice of their lawyer.

Since much of your spouse's strategy will come from their lawyer, it is very helpful to have someone on your side who either has information about your spouse's lawyer or at least enough experience to know what type of lawyer you are dealing with.

Your spouse's lawyer many be an unknown entity to you. You don't know what they are thinking or what tactics they will try. This is one reason why it is very common for clients to hate their spouse's lawyer. Not knowing what to expect is emotionally draining and also makes it difficult to prepare a winning divorce strategy. It can be incredibly stressful to face negotiations without knowing who you are up against. A well-connected lawyer can help you.

New York is a big city; however, professionals in the New York divorce community are finite. An experienced family law attorney who has practiced in the New York legal system for many years is likely to know their opponents either directly from past dealings or indirectly through knowledge of their firm or knowing someone who can provide useful information about that person.

Knowing the players in the system provides a huge advantage in terms of anticipating tactics. An important component of your divorce strategy is responding to the other side. There are many tactics that they can use. Some try to stall. Others try to push a bad deal through quickly. To protect your interests you need someone who can stay one step ahead of the game. A well-connected lawyer knows other lawyers, law clerks, and judges in the New York family law system.

A well-connected lawyer can help you in several ways.

First, someone who knows the other lawyer can help prepare you emotionally if it could be a long trial or if the lawyer is likely to try dirty tricks. Second, knowing a bit about how the opponent is likely to approach the case can help you prepare counter tactics. For example, if the opposing lawyer likes using the argument that the parent hasn't spent much time with the child in a custody dispute, your lawyer advise you to collect evidence to counter this argument.

Hiring a well-connected lawyer who has a reputation of winning cases means that it is more likely the opponent will know what they are up against and might be more easily persuaded to settle.

If you are looking for a New York Divorce attorney that has the skills and experience to provide you with a Winning Divorce Strategy, contact the Offices of Brian D Perskin today!

The Winning Divorce Strategies Book will be released soon and will provide you with detailed information, proven case studies, facts and information that will give you the winning edge in your Divorce.

Engaging Forensic Examiners to Strengthen Your Custody Case

Law Offices of Brian D. Perskin — Thu, 22 Sep 2011 19:28:00 GMT

Evidence is critical in a custody trial. Without evidence, custody arguments can devolve into a "he-said, she-said" free for all. Judges don't like this. Therefore, having evidence to back up your statements and claims can make a huge difference in your case. Often professionals such as forensic examiners are used to gather evidence.

What is a Forensic Examiner?

In a child custody dispute, a forensic examiner is an expert called upon to assist the court in evaluating the case. This individual will conduct interviews with parents and other caregivers in the child's life. In some cases where appropriate, the forensic examiner will also interview the child. The forensic examiner might want to observe parental interactions with the child. In addition, the forensic examiner will review records and documents related to the case. Where needed, the forensic examiner may conduct interviews to confirm information with others such as the child's teacher. The professional is looking for emotional or psychological problems that would be pertinent in a custody dispute.

Why Do Courts Use Forensic Examiners?

When it comes to custody decisions, courts make judgements based on the best interests of the child. "Factors to be considered include the quality of the home environment and the parental guidance the custodial parent provides for the child, the ability of each parent to provide for the child's emotional and intellectual development, the financial status and ability of each parent to provide for the child, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship with the other parent'" (Kaplan v Kaplan, 21 AD3d 993, 994-995, quoting Miller v Pipia, 297 AD2d 362, 364).

Given the courts will decide based on these factors, the courts will then need guidance on how to evaluate these factors for each case. How should they assess the "quality of the home environment" or "parental guidance"? Judges are trained in the law, not in child psychology. Therefore, when they need to make these kinds of evaluations, they turn to experts. For custody decisions, this is often a forensic examiner with a background in psychology.

Example

The following is based on a real case.

Sole custody had been awarded to the mother, but the father protested. The court had found that the relationship between the parents was so acrimonious that it would not be suitable to award joint custody. The mother had made four accusations that the father had committed acts of physical abuse against the child. These accusations were investigated and found to be lies. One of the professionals involved in the investigation was a forensic examiner. The result – the father was given sole custody.

If you are in a child custody dispute, ask your lawyer about forensic examiners. Select a lawyer who has worked with forensic examiners and knows the individuals in they system.

Celebrity Divorces - Divorce Can Happen to Anyone

Law Offices of Brian D. Perskin — Wed, 21 Sep 2011 04:26:00 GMT

They say pairs are made in heaven. The Hollywood lifestyle might seem like heaven, but it is often not conductive to stable, long term marriages. Why in the world would celebrity couples break up and part ways forever? Well that is an endless debate, but what always remains talk of the town are celebrity divorces.

In some cases it seems obvious the couple won't last, but some celebrity divorces still seem to manage to take pundits by surprise. For example, there are celebrity marraiges that do appear to be sound: Tom Hanks and Rita Wilson, Danny DeVito and Rhea Perlman, Catherine Zeta Jones and Michael Douglas and last but not the least Sarah Jessica Parker and Matthew Broderick are couples that have been successful in keeping their knot tied for a longer haul.

Some even thought that Courtney Cox and David Arquette marriage would make it to the list of longest Hollywood marriages but unfortunately after 11 long years they parted ways. They share custody of their only child Coco Rile and most of the business ventures they started together. Well I guess they just couldn't remain friends anymore.

Another very sad sory is the ending of a 15-year long marriage of Shania Twain and Robert Jhon Lange. The Canadian pop country sensation married music producer Robert Jhon Lange thinking this would last forever. However, they separated after she discovered that her husband was having an affair with her best friend Marie-Anne Thiebaud. Later maybe as a tit for tat Shania married Swiss business executive Frederic Thiebaud, the ex husband of Marie-Anne Thiebaud.

The one celebrity divorce which attracted every famous gossip in town was the Tiger Woods escapades with over 120 women in only 5 years; that ultimately ended with a divorce with his wife Elin Nordegren. The divorce is said to have settled for approximately $100 million.

Like everyone else, celebrities are confined by the legalities of their situation. They might get a dream wedding, but they often can't get a dream divorce at any cost. In most of the celebrity divorces things get real ugly when it comes down to property distribution. Often it gets very complicated when the couple has started joint ventures together and at the time of divorce they have to split it up.

The same principles that apply to celebrities are good advice for everyone. Consider getting a pre-nup before marriage. Consult a lawyer early if you think divorce may be a possibility. If children are involved, their parents need to act like adults. Think financially, not emotionally. Don't play games, think strategically. And of course, listen to the advice of your lawyer.

Your Divorce Strategy: Dealing with the Other Side

Brian Perskin — Thu, 15 Sep 2011 21:18:00 GMT

The stress of getting a divorce can drive people into doing crazy things that do not help their strategic position. Not only do you have to deal with your soon-to-be-ex-spouse but you also have to deal with their lawyer. This person may be out to squeeze as much money out of you and present you in a bad light in the very public forum, the courtroom. An experienced divorce lawyer can help.

A lawyer who knows the players in the system can anticipate what the other side will do. When you get an offer it helps to put it in context. Does the other side have a case? Is the amount they are asking justified? Are they playing head games?

You want to hire a lawyer who knows the strategies used by other lawyers and can quickly prepare counter strategies. If you are dealing with a lawyer who tends to take a long time to settle, you should prepare your responses accordingly. In this case, you would not want to offer your best offer right off the bat. In other situations, the opposing lawyer will likely move quickly. In which case, your legal team should be prepared to respond.

Sometimes, simply knowing how the other lawyer is likely to play the game can be helpful. If you are dealing with a lawyer who drags out cases, you want someone to tell you it could take a while to get your divorce so that you can prepare emotionally.

If the other side is acting out of line, your lawyer can help. Instead of replying with a weak, emotional, spontaneous, unplanned and unstrategic response, ask you lawyer if the other side's behavior can be used to your advantage. For example, if your spouse is interfering with your access to your children that you are entitled to, talk to your lawyer about documenting what your spouse is doing. This can be used as evidence in court. If you receive threatening letters, do not write back when you are angry. Show this correspondence to your lawyer and ask for advice.

In summary, getting divorced can be a messy business. You need a strategy for dealing with your spouse and with your spouse's lawyer. An experienced family law attorney can quickly determine the best strategy for you given the facts of the case, the way your spouse is behaving and the expected approach the opposing lawyer is likely to take.

Converting Facts into a Winning Divorce Strategy

Brian Perskin — Wed, 14 Sep 2011 01:56:00 GMT

Each case is unique. Yet, once you have been in the divorce business for a while, it becomes clear there are patterns. An experienced divorce lawyer will take the facts you tell them, ask important questions and then tell you, the client, what an overall game plan would be to maximize your success.

Lawyers can help you in two major ways. First, because they have guided so many other clients though the divorce, they can offer sound advice to avoid problems. Second, they can think about how this case will be viewed in the eyes of a judge. Many cases will be decided in either mediation under the threat of going to court or in court. So presenting an argument that will look good in court is vital to your case. Arguments are build on facts and a good lawyer will know how to use facts to your advantage.

When clients walk into the office, they come with a set of facts. Who wants the divorce? Are there children involved? Will there be a custody dispute? Has the other spouse hired a lawyer? Is there a lot of property involved? An experienced divorce lawyer will take these facts and quickly come up with a sound divorce strategy based on years of working on divorce files. This strategy should be customized for the needs of the client and the facts of the case.

When you are consulting with a divorce lawyer, you want someone who is experienced working the legal system of that jurisdiction. If you are getting a divorce in New York City you want to hire someone who is familiar with New York law and also someone who is familiar with New York courts.

In the United States, most aspects of family law are generally within the jurisdiction of the states. This means that there can be variation between the facts that would be relevant in New York in comparison, to say, Louisiana. While many of the principles may be the same, for example, the importance of acting in the best interests of the children in custody disputes is generally recognized across the United States, and cases from one American jurisdiction may be persuasive in another jurisdiction, New York law can vary in subtle and significant ways from the law in other states. This is why it is so important to hire a family lawyer who has practiced in New York. An attorney who knows New York law will consider facts of the case in light of New York law.

It is not enough for lawyers to have just studied law books. A good divorce lawyer will have logged plenty of hours in court arguing cases before judges. Strategies that may work on some judges may not be as effective on others. For example, some judges may be unsympathetic toward fathers. An attorney who knows this will craft arguments accordingly. If representing a father, perhaps more effort should be spent presenting the client in a good light. An experienced lawyer will know what facts to ask for. For example, when dealing with a judge who is unsympathetic to fathers, the lawyer should ask the client for facts about the time spent with the child. This can be used as evidence in court.

In summary, cases are built on facts. Lawyers who know the system can advise you on what strategy would work best for your case. An experienced lawyer is important. The lawyer who can provide you with the best advice will worked for many years on family law cases in New York and spent a significant amout of time in court.

Case Commentary: Matter of Joshua J.

The Law Offices of Brian D. Perskin — Sat, 10 Sep 2011 03:05:00 GMT

The Matter of Joshua J. is a New York case involving child custody and child welfare. New York law emphasizes the importance of acting in the best interests of children. The New York Family Court Act s. 1055 discusses placement of a child under with a "relative or other suitable person" provided the "the relative or other suitable person consents to the jurisdiction of the court."

In the Matter of Joshua J., the child in question was a four year old named Joshua who was placed in the custody of his father, Derrick K. The Westchester County Department of Social Services had reason to be concerned with the welfare of the child. A teacher reported that the father appeared to be intoxicated when Joshua was picked up from school. This triggered the Department to send workers to the home later that evening. The father refused entry. The police were called to forcibly enter and search the premises. They found a knife and a baseball bat which they were concerned would be accessible to a child. They also found a bruise on the child's face which had been purportedly caused by the father. With this evidence the child was removed from the custody of the father.

The court had to decide if the child should be removed from the father's custody. The father made arguments that it was reasonable for him to refuse entry to anyone after 9pm because he lived in a dangerous neighborhood. He further claimed that he had not been intoxicated but was under the influence of medication. Also, he claimed the knife and the baseball bat were under his bed and not his son's. He denied that he caused the bruise. Was this enough to remove the child from his custody?

In any event, the court ruled that a child who has been placed under s. 1055 is neglected for the purposes of FCA Article 10 if the parent interferes with the "statutory directive to keep hi m safe". Thus "[b]y shirking his responsibility to DSS through his failure to abide by conditions of supervision to which he had previously agreed, Respondent in effect placed Joshua's safety and welfare at risk." Regardless of the other evidence, simply not given the DSS access to his home constituted neglect.

If you have custody of a child under section 1055 of the New York Family Court Act, make sure that you understand the legal implications a placement of a child in your custody under this section. If you have any questions about the interpretation of the law or what your duties and responsibilities as a parent with custody are, then consult with a lawyer or at least a social worker. It can be very stressful when the Department of Social Services is banging on the door of your home late at night, so you want to have an understanding of your rights and responsibilities before being placed in this situation. In this case, the parent had a duty to answer the door and give the social workers an opportunity to inspect his home.

To read the judgement in full see: http://law.justia.com/cases/new-york/other-courts/2011/2011-51577.html

New York Child Support Laws - What You Need to Know

Brian Perskin — Fri, 09 Sep 2011 06:55:00 GMT

New York law strives to protect the interest of children. In the event parents are separated or divorced, the court may order a parent to pay child support. The law considers the parent's duty to support the child financially to be independent of other factors such as the reasons for the divorce or the behavior of the parents.

Section 413 of the New York Family Court Act discusses "Parents' Duty to Support Child". Basically, if you are the parent of a child the state will expect you to support that child from the child's date of birth to the day the child turns 21. However, there are exceptions.

Some exceptions to Paying Child Support

If you feel your child is too independent to receive child support, check if one of these categories applies:

-Your child got married against your will

-Your child has abandoned their home which was not provoked by the parents

-Your child is in the military

-Your child has a full time job

-Your child is over the age of 21

Note that not all these categories are automatic and the court may exercise discretion to protect the interests of the child. If the parents are shirking their duties, then the courts are unlikely to relieve them of their obligation to pay support. However, if a child is rejecting parental authority, then the courts may relieve the parents of their obligations. Furthermore, in some cases, the parents may have negotiated child support arrangements – for example to provide for a child attending post-secondary education even after the age of 21 – and in this case, the courts may enforce this agreement.

Low Income and Child Support

If you feel you are paying too much child support or should not be paying child support, then check if your income is below the threshold where the court would consider you to be "possessed of sufficient means" to pay child support. The cut off is calculated to be slightly higher than the poverty income guideline and is recalculated annually. In 2011, the figure is $14,702. Individuals earning under this amount need only pay $300 per year.

How Much Child Support Can You Expect To Pay

New York law uses formulas to calculate the support payable. A major advantage of formulas is that it reduces the cost of litigating and negotiating child support. This approach can also reduce the conflict between parents since this is not a figure they need to try to agree to – the amount is more or less decided by the system.

If you have one child, the court will expect you to pay 17% of your income in child support. If you have two children, you will be expected to pay 25% of your income in child support.

That said, parents with a combined income of over $130,000 may negotiate an arrangements outside of the guidelines.

How Does Equitable Distribution in New York Work?

Brian Perskin — Wed, 07 Sep 2011 09:55:00 GMT

Equitable distribution is the legal process of dividing properties between spouses who are undergoing a divorce. Equitable distribution in New York involves properties that were acquired by or owned by either of the spouses. Distribution of properties must be mutually decided or as ruled by the Court.

In New York, all properties and earnings acquired and owned by the couple, jointly or separately, during the marriage are subject to equitable distribution. This ruling deviates from the common law stating that properties acquired during the marriage shall be distributed accordingly to the owner of the property or the spouse to whom the property is named after. Equitable distribution in New York is more complicated than that because it can be difficult to determine which properties are marital or shared and which are separate.

Marital Property

Marital properties are those assets, acquisitions and enhanced earnings owned during the marriage or before a separation agreement has been duly executed.

In New York, "enhanced earnings" pertains to additional income derived when a spouse's business is established or has increased in value or when either of the spouses has acquired a degree or a license in the course of the marriage.

Marital debts or debts incurred during the marriage are also subject to equitable distribution in New York regardless whose debts it was.

Marital properties are not necessarily distributed equally between spouses. Both shall agree to what each other gets but if things get more complex, the Court shall decide which properties go to the respective spouse.

The following are some of the factors considered in the distribution of marital properties:

• Spouse's income during the marriage and after signing a separation agreement
• Years of marriage
• Age and health
• Children's custody
• Inheritance and pension rights after divorce
• Financial support after divorce
• Direct or indirect contribution to properties and earnings acquired during the marriage
• Future financial circumstances
• Tax consequences
• Abuse of property
• Spousal abuse

Separate Property

Properties that are not subject to equitable distribution includes the following:

• Properties acquired prior to the marriage
• Inherited properties
• Gifts that came from someone else other than the spouse
• Personal injury compensation
• Properties that are considered separate based on a written agreement between the spouses
• Increase in value of or income from the above mentioned properties

Separate property is anything you have acquired alone. The spouse owning separate properties gets to keep them by himself/herself. However, if the property has somewhat increased in value or gain income through the help of your spouse or anyone in the family, then, it will also be subject to equitable distribution in New York.

If you are going through the divorce process you will need an experienced and seasoned divorce lawyer in New York. These issues can become complicated and it is best to seek professional help from at attorney that has a long history of dealing with.

At the Law Offices of Brian D. Perskin, we have extensive experience in handling all types of divorce and family law issues, particularly contested divorce and complicated matrimonial and custody cases. Navigating matrimonial and family law cases, no matter the issue, is rarely easy.

Our team is comprised of skilled, dedicated and hardworking divorce and family law professionals, all of whom will assist you so that your divorce or family law matter can be handled in such a way as to benefit your current and future interests as well as those of your family.

Are you going through a divorce? Consult an experienced New York Divorce Attorney. Divorce and the legal issues associated with it can be complex and stressful, that is why having the assistance of a seasoned, reliable and aggressive lawyer is essential. Talk to an experienced divorce attorney in new york city about getting the best Equitable Distribution assistance for your case.