Long Island Divorce Blog
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Posted By Elliot D. Samuelson
17-Apr-2013
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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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