Blog Posts in 2013 Posted By Samuelson, Hause & Samuelson, LLP 23-Oct-2013 Samuelson Hause & Samuelson's Partners Included in 2013 Super Lawyers® List We are proud to announce that all three of our firm's partners at Samuelson, Hause & Samuelson, LLP have been included in the 2013 list of Super Lawyers®. Each year, Super Lawyers® Magazine recognizes outstanding attorneys who have ... Continue Reading Posted By Elliot D. Samuelson 22-Oct-2013 Husband with Great Wealth to be Relieved of Obligation to Pay Wife's Legal Fees In an unusual case, a judge to whom the case was assigned granted the husband's motion to be relieved from continuing to pay the wife's legal fees which appeared to be to date about $500,000. Accordingly, the judge ruled that a $2,000,000 ... Continue Reading Posted By Samuelson, Hause & Samuelson, LLP 9-Oct-2013 Samuelson, Hause & Samuelson, LLP Takes Part in Matrimonial Law Seminar Our firm is proud to be involved in the upcoming seminar: Practicing Matrimonial Law. Elliot D. Samuelson, Esq. will be speaking about how to make or break marital settlement agreements, while Wendy B. Samuelson. Esq. will be discussing recent ... Continue Reading Posted By Elliot D. Samuelson 6-Sep-2013 What You Should Expect when You Hire a Matrimonial Attorney One of the most important aspects of your divorce representation is not only to select an experienced lawyer but to choose competent and well respected expert witnesses. These may include a forensic accountant, an economist, or a business broker who ... Continue Reading Posted By Elliot D. Samuelson 28-Aug-2013 The award of an amount of maintenance and duration will vary greatly from Judge to Judge It is most important for a client to understand that the amount and duration of maintenance will vary greatly dependant on the length of the marriage, the underlying financial circumstances of each of the parties, and the Judge deciding the ... Continue Reading Posted By Elliot D. Samuelson 2-Aug-2013 Tips on Negotiating Custody and Visitation Agreements Nothing is more important in custody litigation then to get what you have bargained for. Although at the time of such negotiations you will be anxious to compromise and reach an agreement in order to avoid the emotional trauma and expense that a ... Continue Reading Posted By Elliot D. Samuelson 19-Jul-2013 WHICH PARENT GETS DECISION MAKING IN A CUSTODY DISPUTE A recent case decided in the Appellate Division Second Department makes clear that in custody litigation, the court can award sole custody to one parent, while providing for decision making in specific areas of the child's life, to the other. See ... Continue Reading Posted By Elliot D. Samuelson 5-Jul-2013 Choosing a Divorce Lawyer One of the most important decision you may face, is choosing a divorce lawyer that is a good listener and willing to spend as much time as necessary at a first consultation to get all of the facts that are relevant to your representation. Because ... Continue Reading Posted By Elliot D. Samuelson 21-Jun-2013 Court Requires Hearing in Custody Modification In past postings to this Blog we have discussed the need to draw thorough legal papers in order to convince the court that a hearing is necessary to decide the issue of a modification of a custody and visitation order, so as to avoid a dismissal on ... Continue Reading Posted By Elliot D. Samuelson 7-Jun-2013 Agreements to Sell Marital Property While Action is Being Litigated The cases are numerous in holding that a court may not order the sale of the marital residence, or for that matter, other marital property until the conclusion of the case. The courts lack the authority to do so. However, if the parties enter into an ... Continue Reading Posted By Elliot D. Samuelson 29-May-2013 Court Awards Marital Residence to One Spouse It has long been the law in New York that equitable distribution (the division of marital assets by the court) does not equate to equal distribution. The courts must obey the statute and consider the enumerated factors below to reach its ... Continue Reading Posted By Elliot D. Samuelson 15-May-2013 Mother Refused Permission to Relocate Children Because we are living in a mobile society, the problem of a move to a distant state (and sometimes even a country) is a vexing problem, both for the parents and the courts as well. As this blog has commented on this issue before, advising never to ... Continue Reading Posted By Elliot D. Samuelson 1-May-2013 HUSBAND FORCED TO PAY MORTGAGE ARREARS DESPITE CLAIM THAT HE WAS FINANCIALLY UNABLE TO DO SO In what appears to be a case of first impression Nederlander v. Nederlander, 2013 NY Slip Op 00023 (1st Dept 2013) the Appellate Division in the First Department affirmed the lower court's order that directed that the husband must pay 50% of the ... Continue Reading 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 ... Continue Reading 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 ... Continue Reading