The Elliot Schlissel New York Law Blog

Private Schools and the Autistic Child

Child support in all fifty states in the United States is based on the Child Support Standard Act.  This statute lays out a schedule of child support payments and ancillary expenses the non-residential custodial parent must contribute to.  However, private school tuition is not one of the items included as a necessary payment obligation for non-custodial parents.  Courts have discretion to adjust the child support figures related to the special needs of a disabled child.  Divorce courts can utilize their discretion to order a parent to contribute to private schooling costs for an autistic child with special needs.  In situations where the public schools do not offer the specialized programs for an autistic child it may be in the child’s best interest to attend a school that can deliver specialized educational services related to autism.  The tuition costs for these types of schools should be taken into consideration by courts in making custody decisions concerning autistic children.

Emancipation and the Autistic Child

In the State of New York, a child is considered emancipated at the age of twenty one unless the child at an earlier age marries, enters into the armed services, or is working and self supporting.

An autistic child may never be emancipated.  Courts should consider whether a child’s disability should extend the time the child is unemancipated for child support purposes.  A child over the age of twenty one who is disabled and incapable of maintaining himself or herself because of illness or disorder should be considered to be unemancipated even if over the age of twenty one.

Conclusion

Autism is a tragedy affecting more and more American children.  Divorces caused by the tension and stress created by the necessary dealing with the unique problems of the autistic child are on the rise.  Courts, parents, and attorneys need to cooperate in creative decision making with regard to dealing with unique problems associated with raising an autistic child.

About the Author

Elliot S. Schlissel, Esq., has been practicing Family and Divorce law in the metropolitan New York area for more than thirty years.  Elliot and his team of dedicated, hard working lawyers deal with all aspects of matrimonial and family law including issues involving divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.

Special Needs For The Autistic Child

Autistic children require expensive therapy and special education regimes that are not available in local school districts.  This results in additional expenses for families.  Judges hearing divorce cases involving autistic children need to pay special attention to the needs of the autistic child.

Residential Custody of the Autistic Child

The residential custodial parent of the autistic child will have a significant burden in dealing with all the idiosyncrasies of the autistic child.  When determining custody of an autistic child the judge should take into consideration all of the following issues:

1.  The acknowledgment and acceptance of the child’s disorder.

2.  Each parents ability to follow through on recommended behavioral interventions for the child.

3.  The parent’s capacity to understand the nature and circumstances of this disease.

4.  The willingness of the parent to place the child’s needs over his or her needs.

5.  Each parent’s ability to handle the psychological stress involved in raising an autistic child.

Joint Custody of the Autistic Child

Sometimes with healthy children, joint custody is the best route to deal with parent’s access to their children.  However, autistic children require special consideration when it comes to joint custody.  Joint custody will not necessarily be in the best interest of the autistic child. Autistic children require predictable and consistent schedules.  They do not function well when their schedules are interrupted.  Autistic children need regimented behavioral therapy.  This can be difficult to maintain when the child is going back and forth between two households.

It is extremely important both parents, the residential custodial parent and the non-residential custodial parent, be educated as to what autism involves and the types of long term therapies autistic children require.

Parenting Schedules and the Autistic Child

In cases involving autistic children parenting schedules should give special consideration to the child’s therapy regime.  Autistic children may be in year round extended school year programs related to special education.  When school regimes are interrupted for autistic children they can regress.

Divorce is a common occurrence in today’s world.  In some states almost half of the marriages end in divorce.  When a married couple has an Autistic child it further complicates the home situation.  The inability of one or both parents to deal with the stress and problems in raising an autistic child can be a cause of divorce.  Parents of children with autism experience higher degrees of stress in their lives.

The Autistic Society of America, in a study, found the following cause for stress among autistic parents:

1.         Parents inability to determine the child’s needs.

2.         Reactions from society to the autistic child and the feelings of isolation.

3.         Concerns regarding future care for the autistic child.

4.         Finances and economic pressures caused by the cost of the therapies for the child.

5.         Feelings of grief.

6.         Lack of personal time.

7.         Stress from reactions by siblings and other family members

Divorce and Autism

There are special issues that affect parents of an autistic child during divorce proceedings. Issues involving child custody, visitation, change in child custody, child support, family court issues, child abuse and child neglect proceedings, special education expenses for the child, and health insurance for the autistic child are issues that need to be dealt with.

Autism in America

There has been an astronomical increase in the past ten years in the number of children born in American who develop autism. Now approximately 1 out of every 90 child born in the United States develops autism.

Autism affects children in different ways.  Autistic children often have difficulty speaking.  Some autistic children only repeat what they hear others say.  Autistic children have difficulty making eye contact.  They can engage in obsessive-compulsive behaviors.  Examples of this type of behavior include lining up objects in a row and repeating a task over and over again for many hours.

Some autistic children do not understand danger. They can place their hand on a stove even if they were burned by doing this previously.  Autism is a serious disorder.  An autistic child’s ability to learn, communicate and socially interact is negatively affected.  Although autism is not curable, early diagnosis and intense behavioral treatment can allow the child to make significant improvements.

Prenuptial agreements are not for everyone.  The only individuals eligible for prenuptial agreements are people getting married.  Seriously though, who needs a prenuptial agreement and why would you really want one?

Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal maintenance issues.

Starting On Equal Terms

Many couples who marry have similar financial circumstances.  However, during the course of the marriage, one party may decide to stay home and raise the children which would have a negative impact on his or her career.  This provides a ground in a divorce for requests for alimony (spousal maintenance).

Prenuptial Agreements Cost Less Than Engagement Rings

Engagement rings today cost anywhere between $5000 and $25,000.  A prenuptial agreement will usually cost between $2500 and $7500.  It is a lot cheaper than an engagement ring.  It is said that diamonds last forever.  Diamonds in the engagement ring may last forever but 50% of all marriages fail.  This makes the cost of prenuptial agreements when considered over the long run a lot less expensive.

Don’t Wait For The Last Minute

If you anticipate entering into a prenuptial agreement with your future spouse, you shouldn’t wait to a few weeks before the marriage to retain an attorney to draft the document.  Prenuptial agreements should be negotiated several months before the parties get married.

Prenuptial Agreement Lawyers

The attorneys at the Law Offices of Elliot Schlissel draft prenuptial agreements.  It addition we draft post nuptial agreements and separation agreements.  The firm also litigates all divorce issues.  These issues may involve divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.  Call for a free consultation.

On June 26, 2011, the Marriage Equality Act was passed in New York.  New York became the fifth state to recognize same sex marriages.  The Marriage Equality Act states “a marriage that is otherwise valid shall be valid whether the parties of the marriage are of the same or different sex.”  The intent of the statute is to allow marriage to become a fundamental human right in same sex relationships.

Defense of Marriage Act (DOMA)

The Defense of Marriage Act, which is a federal statute passed by Congress, does not recognize same sex marriages.  This statute bars the Federal Government from recognizing same sex marriage as being constitutional.  The law states “no state, territory, or possession of the United States or Indian tribe shall be required to give effect to any public act, record or judicial proceeding or any other state, territory, possession or tribe respecting relationships between persons of the same sex that is treated as a marriage under the laws of such other state, territory, possession, or tribe or right or claim arising from such other relationship.” It should be further noted pursuant to Section Seven under Title One of the United States Code marriage is defined as a legal union between a man and a woman and the term spouse only refers to a person of the opposite sex who is a husband or a wife.

Rights Under New York’s Marriage Equality Act

The Marriage Equality Act in New York conveys certain rights to individuals in same sex marriages.  The following are a list of some of these rights:

1.         Family and Medical Leave

2.         Veterans and military benefits

3.         Workman’s Compensation benefits

4.         Pension and survivor benefits

5.         Immigration rights

6.         Health insurance

7.         Automobile Insurance

8.         Burial rights

9.         Testate and Intestate Spousal rights under New York State law (Inheritance Rights)

10.       Creates tenancy by the entirety regarding real property ownership (marital rights to real estate)

11.       Allows a New York State Tax exemption

12.       Creates certain spousal evidentiary privileges

Conclusion

The New York Marriage Equality Act goes a long way in recognizing same sex marriage and providing the parties to these marriages with many benefits.  However, until the Federal Government revokes the Defense of Marriage Act there are numerous federal benefits that won’t attach to individuals in same sex marriages.

New York and Long Island Divorce and Family Court Lawyers

The Law Offices of Elliot Schlissel have been litigating a myriad of issues involving divorce and family court situations for more than thirty years.  The attorneys at this firm have more than 100 years of combined legal experience.  Some of the matters handled by the law firm involved divorces, divorce grounds, orders of protection, high net worth divorces, grandparents’ rights, equitable distribution of assets, annulments, no fault divorce, child abuse defense, issues involving reduction of child support, custody issues, changing child custody, orders of protection, father right issues and mothers’ rights issues.  Feel free to contact the firm for a consultation.

When a couple has children it is usually an extremely significant event in their lives.  The raising of children changes many aspects of the couples life.  One of the aspects that can be negatively impacted on is the friendships with couples that do not have children.  There are important things you should never say to a couple that doesn’t have children.

I Guess You Have A Pet

Pets can be a large part of a couples life.  However they are never a substitute for having a child.  You should never talk to a childless couple in a manner that sounds like it is a consolation prize for not having children.

When Do You Intend On Having Children?

Couples that have the blessing of children often want their friends to share in their wonderful experiences.  However, asking other couples about when they plan on having children in public situations is definitely a no-no.  There are a variety of reasons why couples don’t have children.  Sometimes they decide having children isn’t right for them. There could be medical problems such as infertility that the couple is facing.  If you want to discuss issues concerning why a couple isn’t having children you should very carefully and very discreetly bring it up only in private conversations.

I Guess You Get A Lot More Sleep Than I Do?

Couples with children are very often up during the night dealing with their children’s issues.  But the opposite is also untrue.  Couples generally do not decide to not have children because they want to sleep more at night.  Comments can sound like the couple is acting in a shallow or selfish manner.

We Always Wanted To Have A Family

This expression can be misinterpreted.  Childless couples, when they hear this expression, may believe you’re saying a couple who don’t have children are not a family.  There are many types of families.  Significant others, parents, brothers and sisters, cousins, all constitute family members.

New York Divorce Lawyers

If you are married and things don’t work out, you may need to get divorced.  In those situations the New York divorce lawyers at the Law Offices of Elliot Schlissel can help you out.  The divorce lawyers at the Law Office of Elliot Schlissel have more than 100 years of combined legal experience in dealing with matrimonial and family law cases.  Among the various of matters handled by the Law Office of Elliot Schlissel are divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.  The firm has extensive experience in dealing with high net worth divorce issues. Call for a free consultation.

Justice Charles J. Markey was recently presented with two cases involving divorces that had similar fact situations.  In both cases judgments for divorce had been granted to the parties based on sworn statements that there were no children from the marriages.  However in both situations the court eventually discovered that there were children of these marriages.

The court found intentional fraud or inexcusable recklessness due to the fact there were unemancipated children of the marriages who required child support to be paid on their behalf.  Since there were misrepresentations in the original documents, there was no child support in the divorce judgments.

In both situations the court vacated the judgments of divorce.  The court refused to amend the divorce judgment to include the children.  Both divorce law suits were dismissed by the courts.

Stayed Foreclosure Allowed To Continue

The court took note that in both situations there were homes in foreclosure.  He put in previously granted stays with regard to the foreclosure proceeding during the pendency of the divorces.  The court vacated the stays of the foreclosure matters and allowed the two foreclosures proceedings to proceed. Conclusion, tell the truth in your divorce admissions!

New York and Long Island Divorce Lawyers

The attorneys of the Law Offices of Elliot Schlissel have extensive experience in handling matrimonial and family court cases. The lawyers have a total of 100 years combined experience.  These attorneys have extensive experience with regard to divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements.  We also have litigated cases involving mothers’ rights and fathers’ rights.

Elliot Schlissel has litigated numerous cases dealing with professionals whether they are doctors, lawyers or dentists whose practices were being equitably distributed.  The firm pays special attention to individuals who have high net worth divorce situations. Feel free to call for a free consultation 1-800-344-6431, 516-561-6645 and 718-350-2802.

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.

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.