Yearly Archives: 2017
/2017

Flight Risks in a Divorce

Most parents who are in a co-parenting situation because they are unmarried, separated, divorced or going through the process are able to arrive at suitable custodial and visitation arrangements, but there are cases where there is considerable animus and conflict between the parties. In some of these situations, a parent will resort to abducting the child and hiding out in another state or country. According to the U.S. Department of State, there are an average of over 200 child abductions in this country every day. There are also divorce matters where the issue is one of substantial assets that one party is extremely reluctant to part with, even where there is a court order giving possession to the other spouse. A party who fears or has been ordered to relinquish a portion of those assets may instead flee to another country with assets in hand. Protective Orders If a [...]

By |2019-01-09T00:51:28-05:00December 19th, 2017|

Trusts in New York

New York Trusts There are a broad range of trusts which may be established to help ensure your assets are distributed in accordance with your wishes. In addition, a trust, unlike a will, allows you to keep information private; while a will goes through the probate process, making it public knowledge, a trust is administered by a successor trustee whom you designate. There are basic clauses that provide guidance as to whether a trust agreement may be modified after its creation; a revocable trust may be changed at any time by the maker (usually the trustee), while an irrevocable trust may not be changed by the maker after it has been created. Anyone considering a trust should discuss both types with their estate planning attorney to determine which makes most sense for your individual circumstances. Types of New York Trusts There is no one trust that will serve the [...]

By |2018-12-07T20:42:32-05:00August 30th, 2017|

Different Types of Trusts

Trusts are a valuable estate planning tool; they may also be used to protect one's assets from creditors which can be very helpful for business owners. One of the many benefits of establishing a trust is the avoidance of probate. Unlike a will, which becomes public after the death of the maker, a trust remains confidential, and if properly used, all the maker's property is within a trust. Common Types of Trusts Trusts can fall into a variety of categories in order to serve different goals, such as revocable & irrevocable trusts. Here is a list of different types of trusts that are most common. Living or inter-vivos trust - the maker of the trust, usually the same as the initial trustee, may transfer all their personal property into a living trust. During their lifetime, they use the assets just as they would use them outside the trust. Upon [...]

By |2019-01-09T00:42:00-05:00August 24th, 2017|

Child Support Calculator NY

New York has adopted the Child Support Standards Act (“CSSA”) for the purposes of calculating child support payments. New York statutes explain to parents that each of them has a responsibility for the primary needs of the child including food, shelter, and clothing. This is known as basic support and is the obligation of both parent. The calculations can be confusing. Determining basic child support To determine child support obligations the courts will use the income of both parents up to $143,000 for 2017. This amount is scheduled to increase on an annual basis. The parent's income, including from wages, social security income, fringe benefits, and more are considered as part of the income. Certain deductions, such as supplemental security income, FICA taxes, and support payments made to children from prior marriages, or relationships may also be deducted. It is imperative, if you are uncertain about the amount you [...]

By |2019-01-15T16:55:59-05:00August 17th, 2017|

Business Law 101: The Basic Elements Necessary for a Valid and Enforceable Business Contract

Every day, people all over New York enter into business contracts. They buy or sell property, sign partnership or vendor agreements, and become employers or employees. Unfortunately, many of these parties simply sign on the dotted line without confirming that the contract has all the provisions required to make it enforceable. Don’t let yourself be one of them. In New York, there are four basic requirements in a valid and enforceable business contract. In addition, both parties must be competent adults with a legal ability to enter into a contract and the subject matter cannot be illegal or a violation of public policy. An offer. Offers consist of three main elements. The first is one party’s statement of intent to enter into a contract. The second is a specific proposal with certain terms, and the third is a direct identification of the person receiving the offer. Unless all three [...]

By |2018-12-07T20:43:03-05:00June 20th, 2017|

5 Red Flags for Potential Child Neglect

Consider this scenario: You’re a divorced dad who gets one night a week and every other weekend with your small son. Your ex has a new boyfriend, a fact that didn’t really concern you until your child started showing some serious behavioral and physical changes, like weight loss, increased appetite, and sores that keep reappearing. If you’re concerned, you may have good reason to be. Federal law defines child abuse and neglect as, at the very least, an action or omission on the part of a parent or other caretaker that: Creates an imminent risk of serious harm Results in serious emotional or physical harm Results in death Enables the child to be sexually abused or exploited Kids don’t always talk about what is happening to them, either because they are afraid of further abuse, want to protect the abuser, or simply believe that no one will listen to [...]

By |2018-12-07T20:43:11-05:00June 12th, 2017|

What Happens If My Car Insurance Does Not Cover All the Damages in an Auto Accident?

It's a simple law: if you own or lease a personal car or truck, you're required to have auto insurance. If it's your personal vehicle, you need personal auto insurance. If it's a company vehicle, you need commercial auto insurance. In New York state, you're required to have certain minimum levels of auto insurance, such as $50,000 for liability insurance and $10,000 for property damage, although many people have $25,000 or $50,000. If you lease a car, the bank will often require you to have as much as $350,000 for liability and $500,000 for property damage. Why do I even mention this? Because if you're at fault in a car accident, and your insurance does not cover all the damages, you risk losing all your personal assets. Some time ago, I had a client who owned a dry cleaning business and had done fairly well for himself. He had [...]

By |2018-12-07T20:43:17-05:00June 2nd, 2017|

What Does the Free College Bill Do for Child Support?

New York state high school students who are looking for a break for college are in luck. Governor Andrew Cuomo signed a budget bill this year that gives free college tuition to New York students attending the CUNY or SUNY schools, as long as their family's income is not over $100,000 this year. Next year, the income cap will increase to $110,000 and $125,000 in 2019. Those who are eligible will pay no tuition, which is roughly $6,500 at four year schools and $4,350 at community colleges. They still have to pay their student fees, room, board, and books, which can add up to $14,000 per year. However, there are some serious loopholes that may allow people to take advantage of the system. A student's eligibility is based on their family income. That's the income that the mom, dad, step parents, or custodial parents earn. The student puts that [...]

By |2018-12-07T20:43:31-05:00May 26th, 2017|

Why Don’t We Replace Judges With AI?

It's inescapable. Everyone on the planet has some kind of bias. And anyone who has gone to court has seen this bias up close. Some judges hate men. Some hate women. Some hate poor people and some hate the rich. Researchers have studied psychological filters for decades, and we understand that people see all events through a cloud of their past experiences, moods, desires, and overall natures. In law enforcement, we see the events that take place through body cameras and cell phones as police officers sometimes have to use force to defuse a situation which they perceive at that moment as a threat to themselves or others. As a result of past police and government actions in the minority communities, they watch the police through their own filters of the police looking to cause them and their communities harm. Clearly, we all carry these filters, acting and reacting [...]

By |2018-12-07T20:43:38-05:00May 26th, 2017|

Freelancers Must Be Paid Within 30 Days In NYC No Matter The Quality Of Work

New York City has become the first U.S. city to adopt a law requiring NYC-based freelancers be paid in full for work worth $800 or more within 30 days of completing a project.  NYC-based businesses that don't pay on time face a possible lawsuit and civil penalties up to $25,000. The Freelance Isn't Free Act went into effect this week, after a unanimous city council vote.  The act is designed to protect freelancers from unscrupulous employers who delay or completely withhold payment.  As many as a third of New Yorkers — writers, artists, musicians, wedding planners, home healthcare workers, stage technicians, dog walkers — are protected by this law, but it may have several unintended consequences for New York business owners. This is a union-based bill that uses legal fees as a sword to make employers pay for services that may be defective, but are too afraid to contest. [...]

By |2018-12-07T20:43:45-05:00May 23rd, 2017|

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