Re – marriage, Why Do Men Do It?
November 28th, 2011
Paul McCarthy Re-marriedBeing Alone
When marriage fails what you need is a good lawyer! The Father’s rights lawyers at the Law Office of Elliot Schlissel have been helping men protect their rights for over 33 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.The Law Firm handles cases in Nassau County, Kings County, Queens County and throughout the Metropolitan New York area.
Father’s Behavior Constitutes Neglect
November 11th, 2011
Judge Colangelo, sitting in Westchester County Family Court, found the actions of a father related to his being intoxicated when he picked up his children from school to constitute neglect. In this case, a petition was brought by the Department of Social Services against the father, Derrick. He was accused of failing to properly supervise and care for his 4-year-old son Joshua.
Joshua was placed in Derrick’s care by Judge Colangelo. School officials notified the Department of Social Services that Derrick appeared intoxicated at the time he picked Joshua up from school. The Department of Social Services agents went to Derrick’s home. Derrick refused to open the door or respond to their requests concerning questions as to Joshua’s safety.
The police were called to the scene. They broke the door down. Upon gaining entry to the apartment, they found Joshua was completely safe. However, they did find a knife and a bat under one of the beds in the apartment. The Department of Social Services took the position that the knife and the bat were close to Joshua and therefore constituted a danger to the child.
Judge Colengelo held a hearing with regard to this entire incident. He found that Derrick did not comply with his obligations concerning Joshua’s placement with him by the court. Derrick’s refusal to allow the Department of Social Services investigators into his home violated the terms of the child’s placement. Even though the court found that Joshua was completely safe, they found Derrick’s conduct inappropriate and that he had neglected the child under Article 10 of the Family Court Act .
Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly.
Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.
Retirement Mistakes
November 9th, 2011
Don’t make mistakes regarding your retirement. Your senior years should be enjoyable, relaxed and stimulating. They should not be frustrating and worrisome times.
Have Sufficient Assets and Cash Flow
You should not retire unless you have enough savings, pension, funds or 401K funds to support your lifestyle. Social Security alone will not be sufficient to fund your retirement goals. Social Security pays approximately $14,000 a year to retirees. This is simply not enough money to live on!
Be Active In Your Retirement
Researchers show that retirees who maintain an active lifestyle have a longer life expectancy. Exercise is important to seniors. Stimulating your body and your mind will keep you healthy, happy and extend your life.
Stay Close With Friends and Family Members
Don’t retire to your room. Have an outgoing social life and lifestyle. Stay in touch with the people you love and whose company you enjoy.
Alzheimer’s Disease and Dementia
Studies indicate that approximately 14% of all Americans over the age of sixty-five suffer from some form of dementia or Alzheimer’s disease. In the long run. Alzheimer’s disease and dementia negatively impact your brain, which in turn has a negative impact on your life and may land you in a nursing home. Medicare will not cover nursing home stays. Nursing homes can cost as much as ten to twelve-thousand dollars per month. To avoid the potential of an uncovered stay at a nursing home from impoverishing you, you should consult with an attorney who handles elder care work.
The Law Office of Elliot S. Schlissel provides elder care legal services to our clients. We draft wills and trusts. We probate wills. We deal with Medicaid planning issues. We assist our clients with nursing home issues. We provide all types of elder care legal representation. We also draft special needs trusts and supplemental needs trustsfor our clients. Should you need a will, trust or an elder care attorney, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.
New York County Family Court Judge Statler dismissed a father’s custody petition based upon the fact that he still lived with the children’s mother. The father in this case brought a proceeding under Article 6 of the New York Family Court Act. He requested custody of both children. He also requested a forensic psychiatrist investigate the mother’s fitness to be a parent.
Parents Never Married
The father and mother were unmarried. They lived together with their children and continued to do so for more than one year during the course of the proceedings in the Family Court in New York County. The father’s petition stated that the court must intervene and deal with the issue of custody, even though he continued to live with the mother. His petition stated that he was the more fit parent. The mother suffered from deep depression. She was an alcoholic and she abused prescription medications.
Judge Satler’s opinion held there had been no reports to Child Protection Services with regard to the mother’s alledged inappropriate conduct concerning the children. The attorney for the mother presented arguements to the court that the parties continued to co-habitate together. The mother’s attorney also stated that the allegations made by the father concerning the mother were untrue.
Judge Satler’s decision was that she could not regulate “the internal affairs of a home”. Her decision further stated that there was no proof that the children were in danger. The father did not prove their reasonable needs were not met. She dismissed the father’s custody petition and his application to have a forensic evaluator appointed.
Fathers often have a difficult time asserting their equal rights in Family Court. While all laws in the State of New York are gender neutral, many fathers run into an institutional bias against them. The Law Office of Elliot Schlissel has been representing fathers’ rights 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. Our office has also has developed an expertise in dealing with matters concerning grandparents’ rights, separation agreements, pre nuptial agreements and post nuptial agreements. Our office handles cases in Nassau County, Kings County, Queens County, Suffolk County and throughout the Metropolitan New York area. Feel free to call us for a free consulation at 1-800-344-6431, 516-561- 6645 or 718-350-2802.
Is Marriage Obsolete?
November 3rd, 2011
More than 40% of the people in this country think marriage is obsolete! This is according to research study. People between the ages of 18 and 30 believe maintaining excellent parenting skills is far more important than being married. So, are marriages becoming obsolete? There are many issues that face couples who marry. One of them deals with unmet expectations.
Should Marriage Make You Happy?
Can your marital partner satisfy all your needs, emotional, psychological and sexual? It is difficult to meet expectations in marriages. Many men and women find after they are married they the end up with a low conflict and a low passion relationship. First there’s love intertwined with passion. Then there’s boredom, annoyances and the uncovering of flaws in your spouse. No passion sometimes leads to the parties in marriages having affairs.
Boredom
“Been there, done that” is a popular expression. When you spend a life with another individual, “been there, done that”, can be the order of the day. Kristen and Mark of the Kinsey Institute for Sex, Gender and Reproduction found that a quarter of all people who were interviewed were bored with their monogamous relationship. Another a quarter stated “they were on the brink of boredom”. Women tend to feel lonely when the love in their marriage fades. Men tend to feel “trapped”. Are marriages becoming obsolete because expectations are too high or is divorce simply becoming much easier to obtain?
In 2011, New York became the 50th and final state to adopt a true no fault divorce law. Prior to 2011, the grounds for divorce in New York were adultery, cruel and inhuman treatment, abandonment for a period in excess of one year and living separate and apart pursuant to written agreement of separation. New York now recognizes the grounds for divorce where the parties have irreconcilable differences for a period of six months. This is a true no fault divorce statute.
Although divorce grounds are no longer relevant, should your marriage fail, you will face issues involving child custody, visitation, division of property and child support. To avoid these issues should your marriage fail down the road, it would be in your interest to enter into a prenuptial agreement prior to marriage or a post nuptial agreement after your marriage.
Should you have questions regarding legal issues concerning marriage and divorce, feel free to call the Law Offices of Elliot Schlissel at 516-561-6645, 718-350-2802 or 1-800- 344-6431.
Biological Father Turned Away by Family Court
November 1st, 2011
In a unique ruling, Judge Julianne S. Eisman, sitting in the Family Court in Nassau County, has ruled that a non – biological father is the true father of a child and, furthermore, that the biological father is not and can have no visitation with the child. The child’s mother had a romantic relationship with two men. When she became pregnant, she didn’t tell either one about the existence of the other.
A few months after the child was born, father one (AH) decided the daughter looked like father two (MB). AH told MB that MB was probably the father. AH had numerous scheduled DNA tests that he refused to show up for. Eventually, MB took a DNA test and he was confirmed to be the father.
MB moved to New Jersey and had little contact with the child. MB took no legal action to establish his rights to be the father of the child. At that time, he was unaware that any one else claimed to be the child’s father.
The mother developed a relationship with a third man, hereinafter referred to as RB. She continued to have a relationship with RB on an “on again, off again” basis. RB maintained a close relationship with the girl who he believed was his daughter. The child lived with him and his mother from the time she was six months old. The mother eventually married a fourth man. Eventually all three men were put in communication with each other and realized what the real story was in this case. Judge Eisman, in her decision, stated that RB “holds the child out to be his daughter and the child refers to him as her real daddy.”
Equitable Estoppel
Judge Eisman, in her decision, stated that under the theory of Equitable Estoppel, RB, even though he was not the biological father, he is considered to be the father of the child and MB can no longer have visitation with the child.
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.
Investment Planning for Retirement
October 31st, 2011
The Stock Market, in 2011, has been very volatile. Soon to be retired families are expressing concern as to what their appropriate investment strategy should be in retirement.
Thirty-year Retirement
If you’re retiring in your 60′s, it is important to plan for as long as thirty years of being retired (hopefully you have this type of longevity in your family). Financial planners discuss balancing short term and long term risks with your investments. T. Rowe Price recommends to its retired investors that they maintain 55% of their liquid assets in equities (stock), 35% of their liquid assets in bonds and the remaining 10% in cash. Putnam Institute suggests that retirees should have, at the most, a quarter of their liquid assets in stocks. Which is the correct approach?
Financial Planners
The best approach to deal with your assets when you’re either close to retirement or in retirement depends on a variety of circumstances concerning your lifestyle. The most informed method to make long term plans is to hire a financial planner. Financial planners can provide you with estimates of what your necessary income will be over time. They can also run “what if” scenarios concerning investment strategies. Investors who use financial planners are less likely to overreact to market fluctuations. Financial planners will help you develop an investment strategy dealing with issues concerning risk tolerance and financial goals. Expert advice in this situation is the way to go.
Do you have a will? If you die without a will, the State of New York or the state you are living in at the time of your death will decide who inherits your assets. Since no one lives forever, estate planning is a good idea.
Issues involving wills, probate, executors, revocable trusts, irrevocable trusts and elder care concerns are the type of issues that an estate planning or elder care attorney can assist you with. The Law Office of Elliot Schlissel has been assisting its clients for more than 30 years with estate planning issues. Feel free to give us a call for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Good Will Hunting
October 28th, 2011
If you have assets, young children, and/or a house you should have a will. So you have a will. That’s great! Have you updated your will within the last two decades? If your will is more than 10 years old, you should consider updating it.
Changes In Your Life
Will Evaluation
Grandchildren
Tax Issues
A Significant Other
Should you have questions concerning any or the aforementioned items, feel free to give us a call at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Retirement Planning for Single Americans
October 27th, 2011
Who prepares better for retirement, married couples or single individuals? The answer is married couples. More than 85% of married couples have saving plans related to their retirement. This compares with only 67% of single individuals who have established retirement savings programs.
Retirement Planning
Americans who have worked during the course of their lives are entitled to receive Social Security benefits. Social Security is an entitlement program. Another entitlement program working Americans have the benefit of is medicare. Medicare is a program that pays for a variety of medical treatments for senior citizens. It pays for hospital stays, doctors visits and prescription drugs. Medicare is not designed to pay for nursing home care. If a senior is placed in a nursing home for rehabilitation purposes, Medicare will cover up to 100 days of the expenses of the nursing home facility. However, if a senior needs to go into a nursing home because he or she just can’t take care themselves, Medicare is not designed to pay this expense. Seniors can buy catastrophic health care insurance to cover this type of expense.
Retirement Savings Plan
There are various types of retirement savings programs. Some employers have pension plans for their employees. Another type of savings program through employment is called a 401K plan. This allows the wage earner to save without paying current income taxes for a portion of his or her income. Individual retirement accounts are yet another type of retirement savings program that provides tax benefits.
How Much Is Necessary To Save For Retirement
The amount of money an individual or family needs to put aside for retirement varies with the lifestyle and cost of living of the people involved. Most financial planners suggest that retired Americans will require between 75% and 80% of the income they had during their working lives for their retirement. This is a figure that is hard for most Americans to meet. Most families and singles reduce their expenditures and live simpler lives in retirement, thereby preserving their limited assets.
The Law Office of Elliot S. Schlissel provides elder care legal services to our clients. We draft wills and trusts. We probate wills. We deal with Medicaid planning issues. We assist our clients with nursing home issues. We provide all types of elder care legal representation. We also draft special needs trusts and supplemental needs trusts for our clients. Should you need a will, trust or an elder care attorney, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Surrogate Judge Accused of Letting Lawyer Friends Overcharge
October 7th, 2011
The investigators have accused Bronx Surrogate Judge Lee Holtzman of letting his attorney friends overcharge Bronx residents who died without wills for the handling of their estates. Judge Holtzman has been accused of letting lawyers, including his chief campaign fundraiser, responsible for client’s estates to remain with him for more than ten years without the appropriate legal action being taken.
The commission investigating Judge Holtzman has made recommendations that disciplinary action be taken against him. The disciplinary actions can result in the Judge’s removal and/or other penalties.
Cronyism in the Bronx
Judge Holtzman’s top fundraiser lawyer friend is Michael Lippman. Mr. Lippman raised $125,000 for Judge Holtzman’s 2001 judicial campaign. He was appointed as the attorney for the Public Administrator of Bronx County. His job was to oversee the estates of individuals who died without wills and closely related next of kin. The complaint by the Judicial Commission states that between the years 1995 and 2009, Judge Holtzman approved legal fees for Michael Lippman without appropriate documentation that Attorney Lippman had completed the necessary legal work to earn these legal fees. Mr. Lippman was allowed to collect advances on his legal fees at a time when he was in financial difficulty. His financial difficulties included over a $1,000,000 in gambling debts and owing more than $400,000 on a mortgage.
Michael Lippman, Esq. Arrested
Michael Lippman was arrested in 2010. He was charged with billing $300,000 for legal work he didn’t perform. He pled not guilty and the case is still pending in the courts.
The complaint against Surrogate Judge Holtzman stated that he had “allowed a social political… relationship to influence his judicial conduct.” The commission, in its investigation, found Judge Holtzman ignored the fact Michael Lippman was inappropriately billing estates for legal services. Judge Holtzman, through his attorney, David Godosky, claimed the commission’s allegations were untrue, and Judge Holtzman was deceived by Michael Lippman.
Wills, Trusts and Estates Law Firm
Elliot Schlissel, Esq. has used his expertise, experience and knowledge of the courts to handle probate and will contest matters before the Surrogate’s Court for more than three decades. In addition, he handles estate planning, elder care matters, Medicaid planning issues, special needs trusts and all other issues involving executors and the beneficiaries of estates. Feel free to call our office for a free consultation at 516-561-6645, 1-800-344- 6431 or 718-350-2802.
Established in 1978, 
