The Elliot Schlissel New York Law Blog

Divorce is a process where a person seeks to change his or her status of being married for the purpose of ending the marriage. It can be a quick, intelligent, well thought out process or it can be a horror story such as in the movie The War of the Roses.

An example of a divorce gone badly was recently in the newspapers in New York. Mr. And Mrs. Friedlander were involved in a tough, nasty divorce. Mr. Friedlander, a well known attorney, took a gun and murdered his wife and children. He then killed himself. There are many divorce horror stories. Should you find yourself involved in a divorce before it gets over the top, you should take the appropriate action.

Keep Your Sanity

If you find that your divorce is overwhelming you should seek out therapy. You may be facing issues such as fear and dependency. You must also keep your children’s best interest in mind during the divorce process. Professional help may be necessary to keep you on an even keel.

Domestic Violence

Sometimes things get out of control during divorces. Normally reasonable individuals get pushed towards domestic violence. If you live with your spouse and you feel you’re in danger you should act. Orders of protection and other devices are available to protect you from an aggressive spouse. Even if your spouse incites you, it does not justify violence!

Dealing With The Pressure

Divorces can bring intense pressure on families. Men and women often go tit for tat, with regard to pushing each other’s buttons. Children who watch one parent bullying the other can become bullies themselves. Learn how to deal with your spouse pushing your buttons. Don’t get carried away, don’t over react, don’t lose your humanity!

Therapy For Your Children

If you are involved in a bitter divorce and your children are exposed to inappropriate behavior it may be necessary to put them in therapy to help them deal with this difficult situation.

Divorce and Fathers Rights Lawyers

The fathers’ rights lawyers at the Law Offices of Elliot S. Schlissel have more than 100 years of combined legal experience with all divorce related issues. We deal with orders of protections, child custody, visitation, change in child custody, child support, family court issues, spousal maintenance (alimony) and child abuse and child neglect proceedings.

We have extensive experience in dealing with CPS and ACS problems. We bring applications on behalf of our clients to reduce child support. We also have extensive experience in handling paternity cases. Our office represents fathers in annulments, in dealing with equitable distribution and relocation problems. We negotiate separation agreements when appropriate for our clients. We also represent grandparents regarding grandparents’ rights issues. Call us for a free consultation.

Retiring in comfort is getting more and more difficult. The costs of retirement are spiraling while the income of the average American has flattened out or is declining. There are many retirement myths that are simply untrue. Following is the discussion of some retirement issues that all potential retirees should be aware of.

How much will be enough? Do you have enough savings to retire? Will one million or two million dollars be enough in the bank to retire? According to Re Keithen D. Miller, a certified financial planner with Palisades Hudson Financial Group in Atlanta, Georgia, “With most people living longer and the continuing rise of the cost of living, a million dollars no longer guarantees a five star retirement. Most people will need to have enough money to support them for twenty five to thirty years in retirement. Depending on the lifestyle you want to maintain and where you live, a million dollars may not go so far.”

Your Expenses Won’t Go Down In Retirement

Most retirees anticipate their expenses will decrease once they retire. According to Nicole Rutledge, a certified financial planner with Resource Consulting Group inOrlando, Florida, “in my experience this is not always the case. Typically we see clients spend more money when they initially retire. This is the time in their lives when they are still healthy and full of energy. They travel more, focus resources on hobbies and other interests and do many of the things they have been putting off during their working years. We call this the go-go years.”

According to Rutledge, although spending increases initially when individuals retire the spending does decrease in the later retirement years. “That’s when the health issues, energy and just a general desire to travel the world and focus on these just aren’t what they used to be.”

The Declining Value of Social Security

Social security has never been meant to be the primary source of income for Americans who retire. Social Security provides a safety net for Americans. The average Social Security benefit is twelve hundred dollars per month. This is not enough money to live on! This will put you at the federal poverty level.

Investment Income

Individuals when they retire shouldn’t be overly aggressive with regard to their investments. However investing too conservatively can also be problematic. Individuals who retire should have a balanced program of dividend bearing stocks as well as fixed income return investments. Interest rates are at an all time low right now and investing in Certificates of Deposit at one and a half to two percent will not earn enough interest to secure you in your retirement years.

Retiring Too Early

It was once thought that all Americans should retire as they approach their sixties. With life expectancies increasing and savings having to last longer in retirement it is recommended today that you retire at an older age. This will expand your working years and give you additional years to accumulate savings. You will also maximize the amount you receive from your Social Security benefits.

New York Wills and Trusts Lawyer

For more than thirty years, the Attorneys of the Law Offices of Elliot Schlissel have handled estate planning needs for their clients. The Attorneys drafts wills and trusts. They draft special needs trusts for special needs children. The firm also has extensive experience with regular preparation of revocable living trusts and irrevocable living trusts.

The law office also probates wills and litigates contested will contests. They advise executors as to what to do in the handling of estates. They deal with Medicaid issues such as nursing home abuse, Medicaid planning techniques, the drafting of Health Care proxies and Powers of Attorneys. Feel free to call us for a consultation. The firm’s more than thirty years of experience can be utilized to see to it your loved ones are protected and your estate is not subject to inappropriate taxation.

In a paternity by estoppel situation a man who is not the biological father of a child can be forced to pay child support. In the matter of Shondel J. v. Mark D., 7 N.Y. 3D 330, 853 NE 2d 610, 820 NYS 2d 199, 206 NYSlop op.05238 the New York State Court of Appeals held in a child support proceeding a man who had mistakenly represented himself as the child’s father could be estopped (stopped) from denying paternity. In this case the child justifiably relied on the man’s representation of paternity. This is true even though DNA testing showed the man was not the actual father of the child. The court reached this conclusion based on the best interest of the child.

Dilemma For Men Who Support Children

There is a dilemma for men who seek to help children. Imagine a case where a man seeks to help support his girlfriend’s child. He pays periodic child support. Thereafter he breaks up with the girlfriend. She brings a proceeding in the Family Court requesting he be forced to pay child support. She can allege in the suit that by paying the child support in the past he represented he was acting as the child’s father. The man could ask for DNA testing which would show that he is not the biological father of the child. When the case becomes before the Judge, the Judge can stop him from presenting evidence that he is not the actual biological father of the child because it would be in the child’s best interest to have a relationship with a father figure. It’s in the child’s best interest that money be received by the mother to help support the child. Is this justice? In the writer’s opinion, it is very questionable. No!

Conclusion

If you are helping to support a child that is not yours, be careful. Should your relationship with the mother end, you may be forced to make involuntary child support payments, even if you are not the biological father of the child.

New York Father’s Rights Lawyers

The Law Offices of Elliot Schlissel is well known for protecting father’s rights throughout the Metropolitan New York area courts. Our law firm has extensive experience in representing fathers with regard to all types of Supreme Court and Family Court proceedings. We represent fathers with regard to all aspects of divorce and all divorce related issues, such as child custody, child visitation, child support, spousal maintenance (alimony), equitable distribution of property and a negotiation of separation agreements.

Orders of Protection

In situations where the fathers are alleged to have acted inappropriately concerning their spouse, girlfriends or children, we represent fathers in dealing with orders of protection, child abuse and child neglect proceedings, Child Protective Services (CPS) and Association for Children Services (ACS) proceedings as well as issues involving paternity. We also have extensive experience in obtaining annulments for fathers, reducing child support and dealing with parental alienation situations where mothers turn the children against fathers. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718- 350-2802.

A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of her spouse’s promise to destroy it upon the birth of the couple’s first child. He promised as soon as the first child was born all of the assets of the marriage will be placed in both her and his name.

Husband Duped Wife Into Executing the Prenuptial Agreement

Judge Falanga carefully reviewed the evidence submitted to him on this case. He rendered a decision declaring the prenuptial agreement null and void. He found the husband had made promises to the wife at the time of the execution of the agreement. These promises were lies and misrepresentations. The husband had no intention of carrying out these promises. He only made these promises for the purpose of convincing the wife to sign the prenuptial agreement so the wedding would take place.

The court noted the husband only provided the wife with a copy of the agreement a short time prior to the wedding date. Judge Falanga stated “this was calculated and speaks volumes as to the importance he attributed to being protected financially from a possible failed marriage.” The court in it’s decision stated “the wife had justifiably placed her trust in her future husband’s representations to her detriment and was damaged by being denied a share of significant marital property.”

Conclusion

If you’re entering into a prenuptial agreement, it should be prepared long in advance of the wedding and trickery should not be used to induce a party to execute the agreement.

New York Divorce Lawyers

Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She sought to set aside this stipulation so she could marry Michael Diack. The stipulation, which she had executed, required three adults be present any time Mr. Diack was around the Burger’s children, currently 8 and 13 years of age.

Judge Refuses to Set Aside Stipulation

When Judge Maron refused to set aside this stipulation, he effectively blocked her from ever marrying Mr. Diack. She couldn’t marry Mr. Diack because she could not live with him in the same residence as her children pursuant to the stipulation.

The Judge’s decision stated there was no change in circumstances that would justify his setting aside this agreement. Jennifer’s attorney, stated “this woman should not have to choose between the man she loves and wishes to marry and being the custodial parent for her children, when her fiance poses no risk of harm to the children.”

Jennifer’s fiance has pled guilty in 2001 to possession of child pornography in the third degree and for grand larceny for writing bad checks. He was given a sentence of two to four years in prison and labeled a level one sex offender.

Father Seeks to Protect His Children

The children’s father, Mr. Burger opposed the vacating the stipulation, claiming Mr. Diack would be a danger to his children. Mr. Burger’s attorney claimed his client’s opposition to setting aside the stipulation was driven by a “a legitimate concern” for his children.

Father’s Rights Lawyer

Fathers have rights that need to be protected. In situations involving divorces orders of protection, child custody, child visitation, child abuse and child neglect proceedings, fathers need aggressive, experienced advocates. Fathers dealing with issues concerning paternity, annulments, equitable distribution of assets in a divorce, relocation problems and parental alienation problems should seek out the very best lawyers available to represent them. The Law Office of Elliot Schlissel is a recognized father’s rights law firm. We have litigated numerous matters on behalf of fathers throughout the Metropolitan New York area for more than 30 years. We are well known and respected in the courts and by our adversaries. Call us should you have an issue you wish to discuss.

Judge John T. Hecht recently dismissed prostitution charges against a sixteen year old girl who was accused of hustling. Judge Hecht sits in the Criminal Court in Kings County. He has adopted the point of view young prostitutes are simply sexually exploited children. He stated with regard to the case of People vs. Samantha R, 2011kno 9255, “the criminal justice system is not always the best venue for addressing societal problems.”

In this case Samanthar R was arrested after she solicited males for prostitution. She was initially charged with loitering for the purpose of prostitution. This is a noncriminal violation punishable only up to 15 days in jail.

Safe Harbor for Exploited Children’s Act

Judge Hecht, in his decision, stated the legislature in 2008 enacted the “Safe Habor For Exploited Children Act.” Judge Hecht interpretted this statute to mean sixteen and seventeen year olds who are charged with prostitution should be referred to the Family Court and not prosecuted criminally. Judge Hecht further stated “if she is incapable of consenting to intercourse, the incapacity does not change because she agrees to except money.” Judge Hecht’s position is that the Safe Harbor Act precludes prosecution for prostitution of cases such as the one involving Samantha R.

Criminal Defense Lawyers

Should you be charged with a crime, you need the best possible legal representation. The criminal defense lawyers at the Law Office of Elliot Schlissel have been representing New Yorkers and Long Islanders for more than thirty years. We have experience in handling cases involving white collar crimes, violent crimes, computer and internet crimes, drug offenses, driving while intoxicated (DWI), weapons possesssion charges, juvenile cases, assault and battery, and all other felonies and misdemeanors. Call us for a free consultation. Our phones are monitored 24/7. We can also help you arrange for bail and in some situations expunge matters from your record.

If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.

Mediation, Not Litigation

Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.

Divorces Where Mediation Won’t Work

Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.

Mediation Requires Good Faith

For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.

Divorce Can Be Difficult

Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Office of Elliot Schlissel have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.

Jonathan Lipman is the Chief Judge of the State of New York.  He seeks to reform our legal system with regard to the prosecution of teenagers as adults. He believes that teenagers who commit minor crimes should have these matters handled by the Family Courts and not the Criminal Courts. New York is one of only two states in the United States that try sixteen and seventeen year old as adults for minor offenses. Thousands of non violent youthful offenders should be given community service instead of being sentenced to jail as adults. When teenagers receive criminal records it has a negative impact in their fitting into society and obtaining meaningful employment in the future. Why should young lives be decimated by mistakes made as teenagers! Sometimes these teenagers are convicted before they grow into mature, reasonable adults. They should at least be given a chance to succeed.

Judge Lipman seeks to have the State Sentencing Commission submit a new bill to the State Legislature in 2012. He wants teenagers accused only of violent crimes prosecuted as adults. Teenagers who are charged with non violent crimes will have their cases handling under a pilot project in the Criminal Courts. Judge Lipman feels being more insightful with regard to the handling of cases involving teenagers in the long run is a better policy and will save large sums of money for the State’s present recidivism and eliminate unnecessary prison overcrowding.

I strongly agree with Judge Lipman’s suggestions. I hope the State Legislature will carry through with his ideas.

Family Court Lawyers

The Family Courts in the State of New York handle a variety of cases. They deal with orders of protection, child custody matters, juvenile cases, child abuse and child neglect cases. In addition, they deal with all types of problems involving juveniles. Both father’s rights and mother’s rights need to be protected in cases involving orders of protection in the Family Courts.

Our office can also assist you with regard to divorce related issues in the Supreme Courts. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Female children in England now have an equal chance to become the Head of State. If newlyweds Prince William and Kate Middleton have a daughter, she can now become Queen. This is true even if she has younger brothers. The countries in the English Commonwealth have recently agreed to change the century-old rules concerning who can become the Head of State in England. In the past, ascension to the throne always took sons over daughters. But now if William and Kate, Dutchess of Cambridge, have a daughter she would be beat out her younger brothers to becoming the Head of State. She would become Queen! Before these changes can become fully effective they must be approved by the legislators of all sixteen nations in the English Commonwealth where Queen Elizabeth is considered the Head of State.

There has been speculation that Kate Middleton will be starting a family soon. This rule change has been discussed for the purpose of dealing with Kate’s children, especially if the oldest child is a daughter.

Hugo Vicors, an expert on the Royal Family, recently stated “you shouldn’t muck around too much with the Constitution, but it is a good idea to change this at this time. It’s much better to have it sorted out before any babies come along.” Although the new rule applies to future heirs to the throne, it does not impact on the current lines of succession. The current prime minister, David Cameron is a big proponent of these changes. He feels it’s important to give women equality regarding this issue.

Women’s Rights and Men’s Rights

Both men and women have equal rights involving divorces and family court issues. They are both entitled to protect their rights with regard to issues of child custody, orders of protection, visitation (parenting time), child support, spousal maintenance (alimony), child abuse, child neglect proceedings, and issues involving divorce and separation agreements. The attorneys at the Law Office of Elliot Schlissel have more than 100 years of combined legal experience in dealing with these issues. Should you have a matrimonial or family law issue, call us we can help you.

Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Office of Elliot Schlissel have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.