Family Law

/Family Law

When is the Best Time to Enforce Joint Custody?

Grounds for divorce and taking in the consideration the relationship you and your spouse have, your family has complicated time ahead. Maneuvers and strategies are needed to give you peace of mind. Providing desirable outcomes with everyone’s best interest in mind is necessary. Allow us to share our experiences and provide you with our remarkable strategies for desired outcomes. There are two categories of custody in the state of New York. Legal custody and physical custody. Both are in the “best interest of the child,” this phrase is up to the court to decide and enforce. Understanding the meanings of both categories is the first step in making your decision. Legal custody is the right for a guardian to make the important decisions. Where kids go to school. Who their doctor will be.  And which holidays they will celebrate. Making these decisions is important, a former spouse or lover, is almost an inevitability. Having joint custody of your son or daughter is [...]

2019-01-09T00:07:13-05:00April 23rd, 2018|

What Are Your New York Spousal Support Options?

When marriages end in New York, maintenance awards are the payments set up to help the receiving spouse become financially independent after a divorce. Factors that affect the award often referred to alimony or spousal support are an assessment of the standard of living the couple experienced while married, whether one spouse or another has enough income and property to provide for his or her own needs, and whether the other spouse owns enough or has enough income to provide for the other spouse’s reasonable needs. Calculating Maintenance Awards The first step in deciding a maintenance award is to understand both spouses’ finances. Both spouses are required to prepare a comprehensive accounting of their own wealth. Each spouse is charged with adding up their net worth and including a statement proving it. All assets are calculated and all liabilities added up. Whatever remains is net worth. As these figures [...]

2019-01-09T00:34:43-05:00January 19th, 2018|

How Long Does It Take to Get a Temporary Guardianship?

Guardians are persons appointed by the court to have “custody” of the individual or “ward” of the court under circumstances where such individuals are not competent to represent themselves in legal or other important matters. Guardians may be appointed for minors or adults on a temporary basis. Temporary Guardianship for Minors Temporary guardianships are generally designed to last no more than 6-months. If the subject of the guardianship is a minor, you will want one appointed in matters where the child is involved as a plaintiff in a civil lawsuit, if there is a custody dispute, or where the child has a physical or mental disability. A temporary guardian can be appointed immediately in many cases. and is generally called a guardian ad-litem. A temporary guardianship expires after 60-days although it can be extended for an additional 60-days for “good cause” but only after a total of 90-days has [...]

2019-01-09T00:35:47-05:00January 12th, 2018|

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 [...]

2019-01-15T16:55:59-05:00August 17th, 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 [...]

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

What is Pre-Divorce Planning? How Do I Know if My Spouse is Doing This?

Tom and Marie have been married for 14 years, but the marriage is on the rocks and divorce is imminent. Worse, Marie worries that Tom is trying to hide some of the family's assets from her. She has noticed things are different. Such as, they have less money at the end of each month, Tom's salary from his business is lower, his taxes are higher, and they're paying a lot more for all of their utilities. She has also been seeing mail from a couple of banks and investment firms she's not familiar with. Pre-divorce Planning Many divorces result in couples dividing the marital assets equally, so it's not uncommon for one spouse to try to hide a significant portion of their money to exclude it from the property division. Some will even do it so they can inflict emotional pain as well. This means the one spouse can [...]

2018-12-07T20:44:54-05:00April 25th, 2017|

How To File For Divorce in NY? Here’s What You Need to Know

Couples who are considering divorce have many issues to consider, from the requirements to filing for divorce, to division of property, to custody of their children. Since the laws governing divorce vary from state-to-state, it can be difficult for couples to know how their state’s laws will impact their family as they transition through a divorce. New York couples can better prepare for their divorce by understanding how state law affects 7 common aspects of divorce. Here's how to file for divorce in NY: Residency requirement There are two requirements to file for divorce in the state of New York. The first is the residency requirement, which can be met in several ways: You or your spouse have lived continuously in New York for two years before filing for divorce You or your spouse have lived continuously in New York for one year and either: You were married in New [...]

2018-12-07T20:45:39-05:00March 10th, 2017|

Procedural Issues Complicate Family Law Cases

The law is extremely complicated, particularly when it comes to procedural matters. In some instances, the failure to follow procedural law can result in a dismissal of a case. In family law, the matters at stake often involve children, significant amounts of property, and support for the future—all things that are extremely important. Do not risk losing your case over a procedural issue because you failed to retain an experienced, knowledgeable attorney. Courts also have considerable discretion in family law matters, and convincing the court to use this discretion in your favor can be challenging. A skilled attorney can be a valuable asset in these types of cases. Case Example: Elgart v. Berezovsky In Elgart v. Berezovsky, Levoritz Law Firm dealt with some interesting procedural issues. In that case, Levoritz Law Firm appealed the court asking for a mistrial based on delays before trial and several issues related to [...]

2018-12-07T20:46:02-05:00February 15th, 2017|

The Importance of Pre-Nuptial and Post-Nuptial Agreements in New York

Agreements between spouses to distribute separate property in the event of a divorce can be extremely helpful in creating a fair and equitable result. However, even when there is an agreement, the court may override it as inequitable or unfair. Having an experienced family law attorney by your side can help considerably with these issues. New York law defines “marital property” as any property that was acquired by either spouse during the marriage, but before the execution of a separation agreement, regardless of who holds title. This definition is deliberately broad to allow the court to distribute property in a way that it feels is the fairest result based on the unique circumstances of each marital relationship. The law recognizes marriage as both an emotional and economic partnership, where both parties contribute. Courts have considerable discretion in determining which property is considered marital property. A Case Example: Fields v. [...]

2018-12-07T20:46:09-05:00February 5th, 2017|

Defending Family Law Appeals in New York

Lower courts are granted considerable discretion in family law matters. In most situations, the lower court will only be overturned if the decision was blatantly wrong or erroneous. That does not mean, however, that defending an appeal is easy or something you should do without the help of an experienced attorney. Changing the result of the lower court could end up costing thousands of dollars in both attorneys’ fees and property distributions granted in a divorce proceeding. Just because someone was successful at the lower court level does not mean one will prevail on appeal, and an attorney is a valuable asset. Case Example: Kaprov v. Stalinsky In Kaprov v. Stalinsky, Yonatan Levoritz defended an appeal based on a marital property dispute. In that case, the wife, Ms. Kaprov, initiated a divorce and asked the court to impose a constructive trust on a shared Florida apartment. The apartment was [...]

2018-12-07T20:46:15-05:00January 15th, 2017|

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