‘Genius’ Not Taken Into Account in Equitable Distribution
September 30th, 2011
Judge Dregger, sitting in Manhattan Supreme Court, denied a very successful private equity firm executive from presenting evidence in a divorce case that he had “unique personality traits” prior to the marriage that allowed him to accumulate 450 million dollars in business assets during the thirty year term of his marriage. Justice Dregger, in her decision, stated that “in purporting to prove that the success of the business is solely attributable to his innate genius, the expert opinion evidence offered by the husband provides no assistance to the finder of fact in fashioning an equitable distribution of the estate based on the contributions of each party to the marital partnership.” Mr. and Mrs. Silverman were married for more than thirty years prior to a divorce lawsuit being brought. They had married in January of 1978.
Innate Talents
Mr. Silverman claimed that he had unique innate talents that allowed him to be successful in this business. Mr. Silverman argued that his talents in business should be considered in determining equitable distribution. Justice Dregger stated that intangible assets may be considered as marital property, referring to the enhanced earning capacity of an investment banker, someone with celebrity status or someone involved in a political career. However, she stated the question is “to what degree the spouse not possessed of the intangible asset was entitled to a distributive aware arising from the enhanced earning capacity of the career developed during the marriage and not the degree of fame, skill or political acumen possessed at the time of the marriage.”
Henry Silverman is out of luck. The 450 million dollars he amassed is subject to equitable distribution with his wife. I’m sure he’ll end up with enough money to prevent himself from starving.
New York and Long Island Divorce Lawyer
The law office of Elliot Schlissel have been handling divorces in the Metropolitan New York area for over thirty-three 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, fathers’ 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. Call us for a free consultation.
Joint Custody Modified, Father Given Temporary Custody of Both Children
September 26th, 2011
Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular parenting time with the children.
Prior to a judgment of divorce being entered, the children were removed from the mother’s residence. There was an incident which alleged that she was using physical force against the older child. Criminal charges were pending against the mother.
The children were temporarily placed in the father’s custody during the pendency of the criminal allegations against the mother. The mother asked the court to award her sole physical and legal custody of the parties youngest child and joint custody of the parties other child. The mother argued that this was in conformity with the recommendation of a court appointed forensic evaluator. Judge Connelly rejected the forensic evaluator’s suggestions. He found that splitting the children up could cause more potential trauma and harm. The court refused to transfer the temporary custody of the younger child to the mother. She awarded the father, based on the children’s best interest, temporary custody of both children.
We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.
Miranda Warnings as Applied to Children
September 23rd, 2011
How old must a child be before he or she can understand the Miranda warnings? The Supreme Court of the United States, in the case of J.D.B. vs. North Carolina, dealt with this issue. The court, in this case, rendered a ruling that police must take a suspect’s age into consideration when evaluating whether to give the Miranda warnings before questioning the suspect about criminal activity.
The Miranda warnings are that the individual being interrogated has a right to remain silent, a right to counsel, that any statement may be used as evidence against him and, if he or she can’t afford an attorney, an attorney will be appointed.
The Facts of J.D.B. vs. North Carolina
J.D.B. was a thirteen-year-old seventh grader. He was found near the site of home break-ins. He was questioned by the police without receiving his Miranda warnings. He initially denied complicity in the criminal activity. In the end, he confessed. He was given his Miranda warnings after confessing.
The Supreme Court Decision
The United States Supreme Court rendered a decision that a suspect’s age should be taken into consideration to determine whether he is “in custody” for purposes of being entitled to receive the Miranda Warnings. In the majority decision, Justice Sotomayor states “it is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” She further stated, “a child’s age is far more than a chronological fact. It is a fact that generates common sense and conclusions and perceptions…we have observed that children generally are less mature and responsible than adults and that they often lack experience, perspective and judgment to recognize and avoid choices that could be detrimental to them”, and that they “are more vulnerable or susceptible to outside pressure then adults.”
Being charged with a crime can have a major impact on a person’s life. In these circumstances, you want experienced, knowledgeable criminal defense counsel to protect your rights. For more than 33 years, the Law Office of Elliot Schlissel have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7. We provide free consultations for all prospective clients.
Nassau County Loses Marijuana Evidence
September 21st, 2011
Recently, Nassau County, New York lost two bags of marijuana. The bags of marijuana had been seized as evidence by police officers. Due to problems with Nassau County’s crime laboratory, the marijuana was being shipped to a laboratory in Pennsylvania for drug testing. The shipment was carried by Federal Express. Unfortunately, the marijuana never arrived in Pennsylvania. I wonder where it went?!
Nassau County Police to Transport Drugs to Pennsylvania
As a result of the lose of the marijuana shipped by Federal Express, Nassau County police will be using their own police officers to drive drug evidence to laboratories in Pennsylvania from this point forward. Thereafter, the drugs will be tested in Pennsylvania.
The round trip to Pennsylvania will take approximately eight hours. There will be extremely expensive transportation costs incurred by the citizens of Nassau County for the transporting of these drugs.
As of now, it costs Nassau County approximately $100,000 a month to ship drugs seized by police officers to Pennsylvania. It is a shame that Nassau County must send more than a million dollars a year to Pennsylvania for laboratory testing, instead of creating local jobs for qualified individuals to work in a well supervised crime laboratory.
The procedures for the transporting of drug evidence came at the recommendation of State Inspector General Ellen Biben. She is still in the process of investigating the negligence and mismanagement that caused the Nassau County Crime Lab to be closed.
Should you, a friend, family member or loved one be investigated or charged with a crime, it is important to retain experienced, competent legal counsel as early in the investigation and/or arrest process as possible. For more than 33 years, the Law Office of Elliot Schlissel have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7.
How Debt Collections Work
September 19th, 2011
If you have debt, such as credit cards, there is a timeline followed by your creditors in collecting these debts.
Thirty Days
make a payment, you should call the creditor and explain your financial circumstances and advise the creditor when a payment will be forthcoming.
Sixty Days
Ninety Days
Charge Off and Litigation
you with legal action if the debt isn’t paid. Should the collection activity by the collection agency be unsuccessful, your debt may be turned over to a collection lawyer who will institute a lawsuit against you. Should you receive a summons and complaint with regard to the debt, it is important you either go to court and submit a written answer to the summons and complaint or retain counsel to represent you.
There are many myths that people believe regarding bankruptcy that are simply untrue. Should you have questions regarding debt collection activity or bankruptcy issues, feel free to call the Law Offices of Elliot Schlissel. Our office has filed hundreds of bankruptcies and assisted our clients in numerous lawsuits against them regarding alleged debts. Feel free to call us for a free consultation
Established in 1978, 
