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Samuelson, Hause & Samuelson, LLP

A more civilized approach to divorce. TM

Call Today! 516.584.4685
300 Garden City Plaza, Suite 444, Garden City, NY 11530

Servicing Nassau, Suffolk, Queens, Manhattan & Brooklyn

Long Island Divorce Blog

  • Posted By Elliot D. Samuelson 17-Apr-2013

    Importance of Sufficient Evidence in Child Support Arrears Cases

    Because of the poor economy and unemployment rising, the courts have been flooded with applications for downward modifications of child support. However, it is certainly not yours for the asking. Before proceeding to court you must gather sufficient ...
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  • Posted By Elliot D. Samuelson 1-Apr-2013

    Modifying Stipulations with Respect to Custody and Visitation

    Many times couples who are in litigation over either custody, visitation, or relocation of children to a distant residence, do so without sufficient thought of entering a settlement stipulation and having the court "so order" or direct ...
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  • Posted By Elliot Samuelson 27-Mar-2013

    Post Nuptial Agreement Set Aside

    A recent case in New York, Petrakis v. Petrakis, permitted a prenuptial agreement to be set aside on the basis of the husband's fraud in failing to abide by his promise to destroy the agreement in the event the parties had children. At first ...
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  • Posted By Elliot Samuelson 28-Aug-2012

    Getting a Reduction in Support Payments Based Upon "Extreme Hardship"

    A recent case reported in the New York Law Journal on Monday, August 27th, sheds some light on when a court would be willing to reduce and/or eliminate support payments for a spouse. An upstate judge in Rochester, New York, after criticizing the ...
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  • Posted By Elliot Samuelson 2-Aug-2012

    Self Help Should Not Be Used in Child Relocation Cases

    A recent decision reached by the Appellate Division First Department in Koegler v. Woodward __A.D. 3 rd ___, highlights the danger in using self help to relocate a child to a distant state. Here, the mother was an educated and successful business ...
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  • Posted By Elliot Samuelson 1-Aug-2012

    Calendar Delays in Divorce Courts

    The time it takes to prosecute a contested matrimonial case in the New York Metropolitan area, has reached unacceptable delays. For example, motions for temporary support which would include maintenance (alimony), child support, exclusive occupancy ...
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  • Posted By Elliot Samuelson 24-Jul-2012

    Courts Act to Put Teeth in Child Support Laws

    For many persons who have filed to obtain child support in the courts, they know that it is very difficult to obtain a fair award if the parent from who support is being requested attempts to hide his or her income. Moreover, when an award is made, ...
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  • Posted By Elliot Samuelson 17-Jul-2012

    No Fault Divorce Does Not Require a Trial in New York

    Since New York became the last state in the United States to pass a no fault ground for divorce, a question was raised by some lawyers and courts as to whether a trial was necessary to determine whether the marriage was irretrievably broken, as ...
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  • Posted By Elliot Samuelson 28-Jun-2011

    Court of Apppeals Permits Wife to Retain Funds from Husband's Ponzi Scheme

    In a landmark case by the state's highest appellate court, the Court of Appeals, decided that in innocent spouse who had no knowledge of a husband's illegal scheme, could retain the money paid to her during a divorce settlement that could be ...
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  • Posted By Elliot Samuelson 21-May-2011

    Divorce and Bank Accounts

    When you are contemplating a divorce or fear your spouse may be doing so, it is very important to review and locate all bank accounts that are either in your name, your spouses name, or joint accounts. These accounts may be savings or checking. It ...
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  • Posted By Elliot D. Samuelson 27-Jan-2011

    Pre-Nuptial Agreement Strategy

    In order to be assured that the pre-nuptial agreement you negotiate will withstand attack in the future when a divorce acrion is commenced, there are certain standards that must be met. In the first instance, you should never recommend an attorney to ...
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  • Posted By Elliot D. Samuelson 18-Jan-2011

    Permanent Spousal Maintenance

    A recent case (January 18th, 2011) makes clear that in a proper case, permanent maintenance may be awarded. In Bayer v. Bayer, that involved a husband in a long term marriage populated with children, who was a high earning doctor, and a corresponding ...
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  • Posted By Elliot D. Samuelson 8-Jan-2011

    Electronic Evidence

    Today, almost all data is stored on computers. It is more than likely that your spouse maintains computer records of all his transactions, which may even include cash transactions that would not be elsewhere obtainable. Most business and professional ...
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  • Posted By Elliot D. Samuelson 7-Jan-2011

    When You Do Not Need a Lawyer

    In New York, each county has its own Family Court. The courts are open to all persons and it is not necessary to be represented by a lawyer in that court. In addition, the intake clerks stand ready to assist you in drafting a petition for the relief ...
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  • Posted By Elliot D. Samuelson 23-Dec-2010

    Finding the Right Lawyer

    The first consideration in hiring a divorce lawyer is to examine the experience and qualifications the lawyer has in the field of divorce and other family law matters such as custody and support. Since there are no standards for specialization in New ...
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  • Posted By Elliot D. Samuelson 22-Dec-2010

    Analyzing an Offer of Settlement

    Before you can begin to evaluate an offer of settlement you must have an educated view of the parameters of a court ordered judgment. In this regard the advice of your attorney who should be well versed in the upper and lower limits of a court award, ...
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  • Posted By Elliot D. Samuelson 21-Dec-2010

    Knowing When to Fold Them

    This old proverb used by skilled poker players, is no less applicable to partries negotiating a marital settlement agreement. Most parties have unreasonable expectations of what they must pay or receive if their case goes to trial. It is your ...
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  • Posted By Elliot D. Samuelson 20-Dec-2010

    When to Call the Police

    The decision to call the police when domestic violence rears it ugly head is not an easy one to make. Many women feel that they do not want to involve the police in a purely domestic argument. Others consider the impact on the children that a visit ...
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  • Posted By Elliot D. Samuelson 18-Dec-2010

    Drug and Alcohol Testing in Custody Cases

    There are many instances where a parent is addicted to either prescription drugs, or to illegal drugs such as cocaine or marijuana. When this occurs and there is a custody dispute between parents, it is most important on the very first visit before a ...
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  • Posted By Elliot D. Samuelson 15-Dec-2010

    Preparing for Trial

    Most busy attorneys do not devote sufficient time in preparing for trial. Making certain that the relevant documents you deem necessary for the defense or prosecution of your case, will be received into evidence, cannot be strongly enough emphasized. ...
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  • Posted By Elliot D. Samuelson 8-Dec-2010

    Orders of Protection

    Orders of protection to day are freely obtainable from the court. There is no need to have an attorney bring a petition before the court for an order of protection,, since the "intake clerks" in each court will interview you, and based upon ...
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  • Posted By Elliot D. Samuelson 7-Dec-2010

    Filing an Appeal

    The decision whether to take an appeal, whether it is of right, or whether it is necessary for your lawyer to petition one of the appeals court for permission to take an appeal, is not a light matter. It must be carefully considered to determine ...
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  • Posted By Elliot D. Samuelson 2-Dec-2010

    Child Support While at College

    A recent case by an appellate court makes clear that a parent may deduct college expenses paid for room and board from his child support obligation pursuant to a court order. This result can be avoided by a carefully crafted separation agreement that ...
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  • Posted By Elliot D. Samuelson 1-Dec-2010

    Being Prepared for Court Conferences

    There is no more important facet of divorce litigation than being prepared for a court conference, either to attempt a settlement or to obtain relief such as a court order directing payment of support or matters pertaining to children, such as ...
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  • Posted By Elliot D. Samuelson 29-Nov-2010

    Requesting Support as Soon as Possible

    A recent case in the Appellate Division second department highlights the importance of requesting support from the very first opportunity. In that case because the wife had failed to ask for support in her answer, and did not move for temporary ...
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Samuelson, Hause & Samuelson, LLP

Call us today. (516) 584-4685

Samuelson, Hause & Samuelson, LLP -Long Island Divorce Attorney
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