July 29th, 2011
Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!
Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.
Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.
Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.
Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!
Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.
The attorneys at the father’s rights Law Firm of Elliot Schlissel have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.
Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.
July 28th, 2011
It now costs more than $400 a day to stay in a semi-private room in a nursing home in the Metropolitan New York area. The cost of nursing home care in the state of New York is rising at a fast pace. It is estimated that in ten years the rates for a semi-private room in a nursing home will be in excess of $600 a day.
High Cost of Nursing Home Care
An annual stay in a nursing home in a semi-private room on Long Island costs approximately $150,000. The cost of living in a one bedroom assisted living facility would be $52,000. Living in your home and having a health care aid for approximately 40 hours a week would cost approximately $50,000. With these high costs and anticipated higher costs in the future, Americans can’t afford to grow old unless they can take care of themselves.
Stay At Home
Although nursing homes try hard to provide comfortable living conditions for their residents, it is strongly recommended that you stay in your home and avoid nursing homes, if at all possible. Men and women feel more comfortable at their residences. Living in ones home provides a sense of security and self worth. Sometimes when men and women move into nursing homes, they become depressed at the loss of their freedom.
Medicaid and Nursing Homes
The large majority of men and women in nursing homes can’t afford to pay ten to twelve thousand dollars a month for their own care. The rely on medicaid to pay for the expenses of staying in a nursing home. Qualifying for medicaid is no longer simple.
I am a member of the National Academy of Elder Law attorneys. I meet with men and women and their children on a regular basis to discuss long term planning. Unfortunately, many families come to me right on the eve of one of their parents requiring nursing home care. They are under the mistaken impression they can immediately transfer all of their assets out of their parents’ names and put one of their parents in a nursing home. Unfortunately, this is not the case. There is a five year look back rule in medicaid. This means the asset has to be completely out of the parents name for a period of five years prior to submitting a medicaid application. If the medicaid application is submitted during this five year period, the person requiring the medicaid benefits is subject to a penalty period in which the individual must self-pay for his or her nursing home care.
The law office of Elliot Schlissel has been assisting senior Americans regarding wills and trusts issuesfor more than thirty years. We draft wills and trusts. We probate wills. We litigate will contests. We draft special needs trusts for special needs children.
July 27th, 2011
The United States Supreme Court recently ruled that laboratory technicians will have to testify regarding lab tests for such tests to be accepted into evidence. This will create significant problems for the Nassau County District Attorney’s Office.
Nassau County Crime Lab Closed Since February
In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.
Presenting Laboratory Evidence
The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.
Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.
The law office of Elliot Schlissel represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), shoplifting, burglary, juvenile offenses, assault and battery, domestic violence, drug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.
July 26th, 2011
Getting divorced is not fun. It can be one of the most stressful times in men and women’s lives. Even in amicable situations, men and women tend to find themselves being stressed out. Divorce involves an emotional break up as well as a financial break up. Issues involving custody and visitation of children can be gut wrenching. There are things that you should do and that you should avoid doing that may make your divorce less antagonistic and stressful.
Don’t Do The Following
Don’t decide to take a job in another state or move out of the country until all aspects of your divorce are resolved. Avoid violating temporary custody or temporary visitation arrangements. If you don’t comply with the temporary custody or visitation arrangements, you may not be able to obtain permanent custody. Do not hide your assets, or lend your assets to your friends. You’ll find this is counter productive and may lead to large legal fees to straighten out these issues.
Hire An Attorney
Only a fool would represent himself or herself in a divorce. The laws in the State of New York are complicated and the legal system is full of problems for the unweary.
Things To Do When You’re Divorced
Try to be reasonable! Take into consideration your spouses point of view. Cooperate with your lawyer and the court. Be prepared to make reasonable compromises.
You should provide child support to your children during the divorce process. Divorce is a process where adults break up a relationship. Children are the innocent victims in divorces. Try to avoid having your children pick sides as to who is right and who is wrong.
When you’re visiting with the children, let your spouse know where the children are. See to it that the children can maintain reasonable telephone communication with the other parent when they are in your company.
Create a list of your assets and property and disclose them all to the other side. If you seek to hide your assets or engage in financial deception, you can end up litigating your divorce again and again in the future.
Maintain an appropriate level of communication with your lawyer. Don’t be afraid to ask him or her questions. The lawyer works for you! His or her job is to help you. If you feel you do not understand the divorce process, have the attorney explain it to you.
Father’s Rights Lawyers
Elliot Schlissel, Esq. and his associates have been representing fathers in divorce and family court proceedings for more than 30 years. The firm deals with issues involving orders or protection, paternity, child abuse defense, CPS and ACS problems, child neglect issues, child support, child custody, visitation and spousal maintenance (alimony). The firm handles no fault divorces as well as fault divorces. Issues involving attorneys fees in divorces are expertly handled by the firm. In the appropriate situations, the firm obtains annulments for our clients.
Issues involving grandparent’s rights, equitable distribution and relocation problems are dealt with on a regular basis by the firm. One of the more difficult issues we have developed in expertise is that fathers face is parental alienation of the fathers by mothers that create parental alienation syndrome issues for their children. Call for a consultation regarding any of the aforementioned issues.
July 26th, 2011
Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010. Only 3% of the men in the military were divorced in that year. Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates among military families between 1996 and 2005. This study showed that divorce rates for women in the military were 2 to 3 times higher than divorce rates for men. Dr. Carney has two theories as to why the divorce rates for women are higher. First is that the Armed Services are designed for military families that have civilian wives. The Armed Services is not designed to deal with families where the husband is the civilian. Marriages between men, who are in civilian life and women who have military careers have the highest potential of ending in a divorce. Men who have chosen military careers have civilian wives in 90% of the marriages. However, women in the military have a majority of spouses that are also in the military service. Professor Carney also sees gender role reversals as an additional reason for the disparity between the divorce rates for men and women in the Armed Services.
Conclusion: If the Armed Services is going to be a more attractive place for women, action must be taken to help them maintain and keep their marriages going.
New York and Long Island Divorce Lawyers
The Law Office of Elliot Schlissel handles all types of divorces. We represent individuals in the service as well as men and women in civilian life. We litigate divorce issues involving divorce grounds and family law related matters. We represent our clients concerning orders of protection, child custody, child abuse and child neglect matters. We negotiate separation agreements, pre nuptial and post nuptial agreements on behalf of our clients. We litigate issues involving mother’s rights and father’s rights. We help our clients deal with the division of property in divorces and we also work towards amicable resolution of divorce issues. Feel free to call us for a free consultation
July 26th, 2011
On Friday, June 24, 2011, New York became the largest state in the country to allow lesbian and gay couples to marry. It was questionable, up to the last minute, as to whether this law would pass the New York State Senate. In the final moments, four Republican majority members joined all but one Democrat and voted in support of the gay rights statute.
Previously Passed by New York State Assembly
The New York State Assembly had passed the same sex marriage law last week. Immediately after the law was passed, Governor Cuomo signed the law. This means the law went into effect on July 24, 2011.
New York is the fifth state in the country to permit the same sex marriages. The other states that have approved same sex marriages are: Vermont, New Hampshire, Massachusetts, Iowa and Connecticut.
This is the third year in a row that gay rights advocates had lobbied for New York State to pass a gay rights marriage bill. Governor Andrew Cuomo lobbied the New York State Legislature to pass this law. Governor Cuomo made this bill one of his top legislative priorities for the year.
Cap on Local Property Taxes
In addition to passing a same sex marriage law, the New York State Legislature passed statutes which created a cap on local property tax increases, as well as a five year tuition increase at the State University of New York and the City Colleges of New York.
If marriages are made in heaven, or now in the State of New York, divorces are made by the courts. Marriage is supposed to be forever, but the divorce rate upon heterosexual couples in the State of New York is close to 50%.
The law office of Elliot Schlissel have been handling divorces in the Metropolitan New York area for over 33 years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce grounds, no fault divorce, child custody, mothers’ rights,f athers’ rights, child support, downward modification of child support, spousal maintenance (alimony)and domestic violence issues. In addition, we negotiate separation agreements, prenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Please call us for a free consultation.
July 22nd, 2011
The British government has recently accepted the fact that the laws in the United Kingdom concerning succession to the throne are discriminatory against women. Current rules for succession in Great Britain state that daughters are over looked in favor of later born sons. Prince William’s marriage to Kate Middleton has brought this issue before the public.
If Kate and William have a daughter and thereafter Kate gives birth to a son, the son would be the next in line for the English throne after William. The 701 Act of Settlements in Great Britain deals with succession laws. This law was fine for the men and women of the 18 century. The writer wonders whether it really is acceptable in the 21 century!
A statement by the British government recently was “the government accepts there are provisions which could be discriminatory” in referring the succession laws.
Succession Laws Bar Catholics
The anti Catholic succession laws are a throw back to the 1600′s. Catholic King James II was perceived as favoring Catholics and allowing them to come into positions of power. The Act of Settlement Law specifically states only Protestants are eligible to succeed, but it also specifically prevents Catholics from becoming King. This means you forfeit your right to the throne if you are in the line of succession and you marry a Catholic.
Keith Vaz, a British member of Parliament, recently stated “I think they’re all sitting down praying that Prince William and Kate Middleton have a son first, because if they do there is no need to consider this for some time to come” referring to the succession laws. Vaz also stated he found the 310 year old succession laws offensive. He has submitted a bill to Parliament to eliminate the discriminatory portion of these succession laws. A spokesperson from Buckingham Palace stated issues of succession are a matter for the government.
New York Will Contest Lawyers
Succession issues are similar to issues involving who will inherit your assets when you die. A large majority of us don’t have to worry about whether our children will become princes and princesses, but we do have to take into consideration what happens to our assets, homes, cars and loved ones after we die. The best way to deal with these issues is to draft a will. Family members who are unhappy with wills, can contest the will. After someone dies a will is probated. This is the process where a court determines whether the will is valid.
The Law Office of Elliot Schlissel have been dealing with wills, trusts and estate issues for more than 30 years. In addition to wills and estate related issues, we handle various elder care matters, including but not limited to nursing home abuse, medicaid planning techniques, medicaid issues, special needs trust for special needs children and all other elder care and estate planning issues. Call us for a free consultation.
July 22nd, 2011
Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia.
Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the Mountain Top. Samuel L. Jackson is portraying Dr. Martin Luther King in the play. Halle was to portray a maid at the Lorraine Hotel in Memphis where King was the night before he was shot.
Nasty Custody Battle
Halle has been involved in a nasty custody battle with her ex partner Gabriel Aubry. The couple initially split up in 2010.
Halle Pulls Out of Movie Entitled New Year’s Eve
Halle Berry has also dropped out of a movie entitled New Year’s Eve. She blamed her pending custody litigation involving her daughter for her dropping out of this film.
She has recently claimed she has been unable to amicably resolve her custody issues with the child’s father Gabriel. A representative for Halle Berry has stated “she has serious concerns for her daughter’s well being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her.” Is the real issue that Nahia’s father Gabriel Aubry is the parent who spends the majority of the time meeting the child’s needs while Halle pursues her career. It appears that Gabriel spends a majority of the time taking care of this child, while Halle is off making movies and appearing in other productions.
Father’s Rights Lawyers in New York
Children have two parents, a father and a mother. Under New York Law they have equal rights to custody and visitation. We are father’s rights lawyers. We litigate issues on behalf of fathers involving divorce, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse defense, paternity, no fault divorce and issues involving attorneys fees in divorces. We also assist our clients in obtaining annulments and dealing with parental relocation problems. We negotiate separation agreements, pre nuptial and post nuptial agreements for our clients. We represent fathers in cases in Nassau County, Kings County, Queens County and the rest of the Metropolitan New York area. Call for a free consultation.
July 22nd, 2011
Recent polls support the idea that the government should soak the rich for more taxes. More than 70% of the adults in the United States approve of increasing federal taxes on families who earn more than a quarter of a million dollars per year starting in 2013. More than half of the Republicans agree to the tax increase as well as more than three quarters of the Democrats.
Is Two Hundred and Fifty Thousand Dollars A Year The Number that Establishes that Someone Is Rich?
The cost of living in major metropolitan areas of the United States is high. Two hundred fifty thousand dollars a year is a lot of money. But it does not make a family rich! President Obama is consumed with the idea of raising taxes. His definition of who is rich is incorrect. A fairer measure of wealth would be to set the standard for individuals receiving a tax increase at between five hundred thousand and one million dollars per year.
Bush Presidency Tax Cuts
When President Bush was in office, he was able to motivate congress to pass tax cuts for everyone. This included individuals earning millions of dollars per year. These tax cuts stay in effect until the end of 2012.
President Obama believes that the best way to reduce the deficit is to “tax the rich”. This is not the best solution to America’s financial problems. A much more sophisticated detailed plan must be enacted to the deal with America’s huge deficit. A more effective tax cut then those proposed by President Obama would be to raise the tax rate of everyone in the United States making under $500,000.00 a year by one percent and raise the tax rate for individuals who make over $500,000.00 by two percent. This would generate much more income.
New York Elder Law Attorneys
Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He drafts wills. He also deals with guardianship matters and assisted living issues. The Law Office of Elliot Schlissel handles medicaid eligibility, medicaid problems and also drafts living wills. Call for a free consultation.
How Much Money Do You Need to Retire?
If you don’t know the answer to the question how much money you need to retire, you should not retire. Guessing is not a solution to this problem. Recent studies show that more than half of Americans who retire aren’t sure how much money they will need. Those Americans that have retirement strategies often do not take into consideration the rising cost of health care retired Americans face.
A recent study showed that baby boomers felt they needed $60,000.00 a year to retire. However, the same individuals could not calculate how large a financial portfolio was necessary to throw off $60,000.00 a year in income.
Just Keep Working
A large portion of the baby boomers interviewed felt that their retirement solution was to “just keep working.” I personally subscribe to this theory! As long as you just keep working you don’t have to worry about how much money you will need to retire or how much money you don’t have that is necessary to retire.
Do’s and Don’t’s Involving Retirement
Speak to friends, relatives and other individuals who have retired and ask them what it is costing them. Develop a plan and put the plan in writing. Thereafter, carry out the terms of the plan. Educate yourself as to issues involving investing for retirement. Participate in employer related 401K and pension plans. Last but not least, simply don’t retire!
Wills and Trusts Lawyer
The Law Office of Elliot Schlissel has experience in handling all types of wills, trusts and estate law issues. We probate wills and contest wills. We deal with issues concerning administration, estate taxes and estate planning. We represent executors of wills and we probate the wills. We draft revocable living trusts and irrevocable living trusts for our clients. We also draft special needs trust for special needs children. We deal with all types of elder care issues, including, but not limited to the nursing home abuse, medicaid planning techniques and medicaid qualification. Feel free to call us for a consultation.
July 20th, 2011
When Americans face financial stress they turn to their retirement accounts for liquid assets. Pensions, 401K plans and 403B plans are where Americans are turning to for quick infusions of cash.
In this past year borrowing from retirement accounts hit new highs. It is estimated that more than 15% of all individuals who have money in retirement accounts have borrowed from these accounts. Are Americans borrowing to the point that they won’t have sufficient funds when they retire? According to a recent Wall Street Journal article, more than a quarter of all retirement plans have outstanding loans against them.
The Effect of Borrowing From Retirement Accounts
Retirement accounts are designed to maximize compounded returns on your investments. Financial advisers believes most people do not have the discipline to pay back the loans against their retirement accounts and are therefore discounting the funds available when they retire. If you lose your job or change your employment, you will be unable to pay back the outstanding loan on your retirement account. If you borrow money against your retirement account and pay a portion of it back and thereafter are fired or moved to a new job, the unpaid portion will be considered a taxable distribution and taxed at income tax rates. You can also be stuck paying a 10% penalty if you default on paying back the loan against your retirement account.
New York Estate Planning Lawyer
Everyone will eventually die. The issue we face is we don’t know when this will take place. From my point of view, the later the better! When you pass on you want to simplify the issues your loved ones will face on your estate. The Law Offices of Elliot Schlissel can help you achieve this goal. We draft wills. We probate wills. We litigate contested will issues. We can advise you regarding issues concerning estate taxes.
We draft revocable living trusts and irrevocable trusts. We also draft special needs trusts for special needs children. We can advise you concerning medicaid planning techniques and other medicaid issues. We litigate nursing home abuse cases.