Generally, You Should Get Half the Pension
Trial Judges in New York constantly make mistakes. Basic principles of equitable distribution are not followed.
What is Equitable
The first issue is often the easiest. In the vast majority of case, marital property is equally divided in New York.
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.
Am I Entitled to Interest?
Many times people come to me and show me their judgement of divorce.
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.
Failure to Provide?
It amazes me when litigants refuse to provide discovery during the pendancy of a divorce.
Enhanced Earning Degree
In a recent decision, the appellate division in the Fourth Department, reduced an award of equitable distribution from forty percent to twenty percent of the value of a degree earned during the marriage.
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.
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.
Can Custody Be Changed?
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.
Failing to Abide by Orders
People enter agreements all the time in divorce cases in New York.
People call me every day and ask me how much do I charge for an uncontested divorce in New York.
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.
Enhanced Earnings, How Much Do I Have to Give Up?
All property acquired during the course of a marriage is considered marital property.
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.
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.
What Is Separate Property?
Many times individuals enter marriage with their own separate property.
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 child’s father, either by fraud or mistake can be held accountable for child support.
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.
I want more than half….
I 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.
Father’s Rights… Do they Exist?
Many women feel that they can prevent the father of their children from seeing their child or children.
Is New York State Ready for No Fault Divorce?
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.
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.
Can the Judge Require Life Insurance?
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.
Failure to Pay Any Support
I recently was in Court, arguing my contempt motion in New York Supreme Court and a wealthy business man who owns a number of bakeries and he told the Judge he makes no money…..
Can the Judge Force Me to Sell My House?
In New York State, Judges can force the sale of the marital residence or any property that is deemed to be marital.
How Do I Find Out How Much Money My Husband Has?
New York State Law requires that all litigants in a divorce case must comply with financial discovery.
Never Lie to a Judge
You would be surprised how many people actually either out right lie to the Court or misrepresent the truth.
What Should I do?
My ex is making it difficult for me to see my children, What should I do?
Do I need a pre nup?
If you have an asset or a degree that you want to protect then you need a pre nup…