Blog Posts in November, 2010 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 ... Continue Reading Posted By Elliot D. Samuelson 22-Nov-2010 Obtaining Computer Evidence There is no better way to assemble financial evidence in a contested divorce case than in obtaining your spouse's computer, both the individual as well as the business PC. There will be a treasure trove of information that will include records of ... Continue Reading Posted By Elliot D. Samuelson 19-Nov-2010 Beware the Statute of Limitations A recent case in an appeals court highlights the need to bring a lawsuit to set aside the terms of a settlement agreement within six years, the statute of limitations that applies to settlement agreements. In this case, a party determined that their ... Continue Reading Posted By Elliot D. Samuelson 18-Nov-2010 Your First Consultation With an Attorney Many clients overlook the importance of a first consultation with their lawyers. This is the first opportunity to make full disclosure regarding your financial background and any specific facts that might impact on the outcome of your case. For ... Continue Reading Posted By Wendy B. Samuelson 17-Nov-2010 Same-Sex Marriages Currently, five states permit same-sex marriage (Massachusetts, Connecticut, Iowa, Vermont, and New Hampshire), plus the District of Columbia. Three more states officially pledge to honor out-of-state same-sex marriages (Maryland, Rhode Island and ... Continue Reading Posted By Elliot D. Samuelson 16-Nov-2010 Getting Ready to Try a Custody Case Getting ready to try a custody case involves a great deal of time and effort, as well as emotional turmoil, for both you and your attorney. No aspect of a divorce case is more taxing emotionally, or requires more preparation. Apart from your own ... Continue Reading Posted By Elliot D. Samuelson 15-Nov-2010 Beneficial Clauses to Include in Settlement Agreements Many attorneys can overlook favorable clauses to include in separation agreements for a variety of reasons. Much time, negotiations, and effort goes into the settlement agreement, and often clients are in a hurry to strike while the iron is hot and ... Continue Reading Posted By Elliot D. Samuelson 12-Nov-2010 Settlement with the Courts Once a divorce case is begun in New York, an Individual Assignment Judge will be assigned to your case, and you will normally stay with such judge until the case is tried and completed. During the pendency of your matter, both you and your attorney ... Continue Reading Posted By Elliot D. Samuelson 10-Nov-2010 Courts Impute Income to Spouse Who Claims He Has No Income In a recent case, decided by the appellate division of the second department, which affects residents in Nassau, Suffolk, Queens, Kings, and Westchester Counties, the court held that it need not rely upon a party's account of his or her finances, ... Continue Reading Posted By Elliot D. Samuelson 9-Nov-2010 Selecting an Attorney Selecting a lawyer to represent you, is much akin to selecting a medical doctor when you are ill with a serious disease. The first consideration should be his or her professional qualifications, which should include published books and articles ... Continue Reading Posted By Elliot D. Samuelson 8-Nov-2010 About Orders of Protection Orders of protection are a potent weapon to prevent physical abuse against a spouse or children and to obtain stay away orders which will result in exclusive occupancy of the marital residence during the time that the case is proceeding in the ... Continue Reading Posted By Elliot D. Samuelson 5-Nov-2010 Pre-Nuptial Agreements The negotiations leading to the execution of a pre-nuptial agreement is indeed a delicate affair. Care must be had to not permit overreaching, or any sign of trying to pull the wool over the other party's eyes, lest the nuptials may never occur. ... Continue Reading Posted By Elliot D. Samuelson 3-Nov-2010 Bringing a Lawsuit to Set Aside a Settlement Agreement Bringing on a lawsuit to set aside the terms of a marital settlement agreement, whether they are in writing or made in open court and the terms are dictated on the record, is an arduous job. Agreements of settlement are normally favored by the ... Continue Reading Posted By Elliot D. Samuelson 2-Nov-2010 Application for Custody Before embarking on a lawsuit to obtain custody of a child, one must make certain that they have the emotional fortitude to see the case through and sufficient finances to obtain top flight counsel that have extensive experience in this field. ... Continue Reading Posted By Elliot D. Samuelson 2-Nov-2010 Relocation of a Parent With Children Since the Court of Appeals (the state's hghest appellate court) decided the Tropea case, all child relocation cases have been decided by one uniform principle and that is whether the proposed move would be in the best interest of the children. No ... Continue Reading Posted By Elliot D. Samuelson 1-Nov-2010 Imputed Income to Fix Support A recent case decided last week by an appellate court in New York discussed the circumstances under which a court could impute income to a spouse who claims that he is either not making as much money as he or she had in the past, or claims that they ... Continue Reading