The Elliot Schlissel New York Law Blog

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.

Medicaid Planning

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.

Estate Law – Wills & Trusts Lawyer

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.

Elliot S. Schlissel is a member of The National Academy of Elder Law Attorneys. He handles elder care planning related to Medicare, Medicaid and nursing home issues. Call us for a free consultation.

The Child Support Standards Act provides a formula for child support payments. A non-residential custodial parent pays child support of 17% of gross wages, less FICA and less New York City taxes (where applicable), when there is one child receiving support. The figure goes up to 25% for two children, 29% for three children, 31% for four children and 35% for five children.

What happens to the child support when the he or she attends college?

The main expenses in college involve tuition and room and board if the child is not living at home. Recent cases hold that a parent paying child support should receive a dollar for dollar credit for all monies paid by the parent for room and board while the child is attending an out of town college.

Issues with regard to payments of tuition are more complicated. Some courts have held that parents should pay tuition up to the cost of a state university of New York college education based on the earnings of each parent. An example of this would be if one parent made $70,000 a year and the other parent made $30,000 a year. The parent making the $70,000 a year would pay 70% of the tuition costs and the parent making $30,000 would pay 30% of the tuition costs. This only works if the parents have the financial ability to make these payments.

College funding gets more complicated when there is more than one child receiving child support. Since most divorce cases are settled, the issues of college expenses, whether they be room and board, transportation or tuition, should be clearly delinated in the stipulation of settlement or settlement agreement entered into between the parties. These agreements are quite technical in nature and should only be drafted by qualified attorneys with extensive experience in handling matrimonial and family law matters.

If you are involved in a divorce or negotiating a separation agreement, it is important to consider the interaction between college expenses and child support at the time the agreement is being negotiated.

Fathers’ Rights Attorneys

If you’re a father with matrimonial and family law problems, the law office of Elliot Schlissel can help you. For 34 years, we have aggressively litigated all types of issues on behalf of the fathers we have represented. We have an expertise in dealing with child abuse and child neglect situations. We litigatepaternity, child support, child custody, child visitation, spousal maintenance (alimony), and we bring proceedings for the downward modification of child support on behalf of our clients.

We advise our clients with regard to all types of issues in divorce proceedings. We assist our clients in obtaining divorces on the basis of irreconcilable differences under the new New York No Fault Divorce Statute. We litigate equitable distribution of property in divorce proceedings. When the mother relocates, we bring relocation litigation to bring the child back to New York or change custody to the father. Should the mother turn the child against the father, we litigate issues involving parental alienation and parental alienation syndrome. In addition, we assist grandparents with grandparents’ rights cases. Feel free to call us for a free consultation.

Ayala works for the Human Resources Administration.  He is a security officer.  He is currently under investigation for physically assaulting individuals in two separate incidents during a three week period.  William Broady went to the welfare office on September 22, 2010.  He was applying for Medicaid.  He waited for hours and hours and, in the end, he was told to come back the next day.

William was unhappy.  He went back in and sat down in the welfare office.  He stated, “I’m not leaving until you help me”.  He was approached by Wilfredo Ayala.  Wilfredo grabbed him by the collar and dragged him into the hallway.  He then threw him on the floor.  He hit him in the eye with his flashlight.  He then hit him in the nose with his flashlight. William was now in pain.  He begged to leave; however, Wilfredo was not done.  He put him in a choke hold.  He then took him to the HRA locker room.  He charged him with a felony assault and resisting arrest.  When the police were called to the scene, William was taken to the hospital.

INCIDENT #2

On the date of Ebony’s incident, Ebony was fourteen weeks pregnant.  On that date, at approximately 4:20 p.m., her case was too complicated to be handled by one of the clerks at the welfare office.  He told her that she should leave and come back the next day.  She advised the clerk how unhappy she was with him.  She asked that a supervisor intervene to help her.

She claims thereafter that a man in shorts suddenly came up behind her husband.  He started yelling something and then grabbed her husband around the neck.  He then slammed her husband’s head on the desk and then onto the floor.  A second security officer, under Wilfredo’s direction, grabbed her and dropped her to the floor.  Thereafter, both she and her husband were handcuffed and given summonses for harassment.  She started to bleed and was taken to the hospital and released ten hours later.  As a result of the incident, she suffered a miscarriage.

Wilfredo Ayala’s actions were uncalled for, irresponsible and criminal.  He should be charged with committing an assault.  The individuals beaten by him should sue both him and the Human Resources Administration related to his assaulting of people coming to their office seeking help.

Personal Injury Attorneys

If you are assaulted and receive injuries, we can help you.  No one has the right to attack you.  Our office has represented individuals in all types of personal injury matters for more than thirty years.  We assist our clients with injuries received in car accidents, truck accidents and slip and fall accidents.  We represent families whose loved ones have been involved in a wrongful death situation.

Should you be assaulted, the individual assaulting you should be charged with either a misdemeanor or a felony.  For help with legal matters, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Arizona recently voted to approve a ballot measure that will legalize sales of medical marijuana.  In a very close referendum, 4300 votes carried this measure.

The purpose of medical marijuana is to allow patients who suffer from cancer, aids and other illnesses to utilize marijuana.  Patients receive a prescription from their doctor to deal with their pain and suffering.  The Medical Marijuana Project has made the following statement: “Voters in Arizona have sided with science and compassion while dealing yet another blow to our nations cruel and irrational prohibition on marijuana.  Arizona now reflects the main stream of public opinion that seriously ill people should not be treated like criminals if marijuana can provide them relief, and that doctors should be able to recommend marijuana to patients if they believe it can alleviate their suffering.”

Since 1966, fourteen states and the District of Columbia have passed medical marijuana laws.  The Arizona proposition will allow the state to create 120 regulated clinics to dispense marijuana.  Individuals who live in excess of twenty-five miles from a clinic will be given permission to grow their own marijuana.  Although fourteen states and the District of Columbia have approved medical marijuana laws, the federal government still takes a very harsh view with regard to individuals utilizing marijuana for any purpose.  There is now a conflict between the federal government and state governments concerning medical marijuana laws.  Hopefully this conflict will be resolved in the near future.

About our Firm

The Law Office of Elliot S. Schlissel has assisted clients in the preparation of wills and trusts for more than three decades.  We probate wills and we assist our clients in contested wills and estate proceedings.  We draft revocable living trusts and irrevocable living trusts for our clients and assist our clients in all aspects of elder care planning.  Should you, a friend or loved one need assistance, feel free to call us at 1-800-344-6431, 3 516-561-6645 or 718-350-2802.

Approximately thirty-five years ago, William Lynch and his brother were sexually abused by a Jesuit priest.  During the past thirty-five years, he has dealt with issues involving depression, nightmares and suicide.  He had lived with anger and pain for more than three decades.

A Priest Rapes And Molests Five and Seven-year-olds

Father Linder, now sixty-five years of age, has been accused by a dozen people of sexual abuse.  Among those he abused were his sister, nieces and nephews.

Payment of $625,000 in Damages in 1998

Father Lindner has also been named in two additional lawsuits involving sexual abuse.  These cases involved in a $660 million dollar settlement struck between the Catholic Church and approximately 550 sexually-abused individuals in 2007.

Anger Boils Over

Mr. Linder was charged with criminal assault. His attorney has plead not guilty and the case is currently pending.  Mr. Lynch said “I wanted to exorcise all of the rage and anger and bitterness he put into me. You can’t put into words what this guy did to me. He stole my innocence and destroyed my life”.

I question whether any jury will find Mr. Lynch guilty of taking his revenge for the insidious, incredible and outrageous actions of Father Linder.

About Our Law Firm

The law office of Elliot Schlissel is a full-service law firm.  We have a staff of five lawyers and an equally dedicated support staff to assist us in representing individuals.  We handle all types of criminal cases.  We represent individuals charged with drug offenses, domestic violence, assault and battery, juvenile defenses, shoplifting, burglary, driving while intoxicated, weapons possession and other types of misdemeanors and felonies.

We represent individuals charged in sex crimes, white collar crimes, violent crimes and we also can handle traffic tickets.  We assist our clients by making bail arrangements to have them released from jail.  Should you and friend or family member be charged with criminal matter feel free to contact us at 1-800-344-6431, 718-350-2802 or 516-561-6645.

We are aggressive and experienced criminal defense lawyers.

On March 17, 2009, Lisa’s beautiful 2-year-old daughter, Olivia, choked on a carrot while she was attending The Carousel Day Care School in Hicksville, New York.  She died as a result.

The owner of The Carousel Day Care School, Eugene Formica, was recently convicted and sentenced to three years probation after pleading guilty to second degree reckless endangerment.  Reckless endangerment is a misdemeanor in the state of New York.

The Carousel Day Care School was not licensed.  At the time of his sentencing, Eugene Formica turned directly to Lisa Respanti and said, “not a day goes by that I don’t think of Olivia and I pray for her and her family.”

Judge James McCormick, the judge handling the case, commented that although Mr. Formica remorse was genuine, it was much too late.

Kathleen Rice’s office, the Nassau County District Attorney, commented that The Carousel Day Care School employed too few teachers.  The teachers there employed were undertrained.  There are too many children in this facility.  The children were not properly supervised.  This a recipe for tragedy!

Olivia took a carrot from her teacher’s bag.  This, in and of itself, was a violation of New York state law.  The property of day care employees is supposed to be maintained in a safe area.  She choked while trying to eat the carrot.

When interviewed after the court proceeding, Stacey stated, “we hope our legislature will see fit to change the laws that contributed to Carousel’s belief that they can circumvent the system”.  Hopefully the New York State legislature will take the appropriate action to close the loop holes in the state law that allow illegal, unlicensed day care facilities to operate.  The State should also aggressively enforce the laws that currently exist concerning day-care centers.

Legal Services Provided by our Firm

Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Many seniors no longer have sufficient assets to maintain their lifestyles.  There is a tendency in these situations to go into debt.  Seniors use credit cards to finance routine purchases with the hope that they will be able to pay their credit cards back at some point in the future.

The credit card debt that seniors are maintaining has been growing.  Seniors also require more medical treatment than younger Americans.  In situations where the medical treatment is not covered by insurance, seniors find themselves in debt.

The primary reason for seniors filing bankruptcy has to do with their inability to pay credit card debt.  The medium credit card debt for seniors filing bankruptcy is over $27,000.  Medical expenses are the second largest cause for seniors to file bankruptcy.

In addition to problems involving credit card debt and medical expenses, more and more seniors in their late-fifties and sixties are still carrying mortgages on their principle place of residence.  Today, 63% of all Americans in their late-fifties and sixties are still making mortgage payments.  This is up significantly from the 49% of individuals in this category that were carrying mortgages in 1989.  These figures were obtained from the Joint Center for Housing Studies at Harvard University.

About Our Law Firm

Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys and has been assisting New York seniors in dealing with all types of legal problems for over 20 years.  Our phones are answered 24 hours-per-day, 7 days-per-week.  Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.  You may also contact us by email.

On December 24, 2009, Judge Matthew F. Cooper, sitting in th Supreme Court of New York County, rendered a decision on the case of Davis v. Davis, 89 N.Y.S.2d 611, 2009 WL 3863026, 2009 NY Slip Op 08579. Mr. Davis brought an action for a non-contested divorce, claiming his wife constructively abandoned him. This means she had no sex with him for a period of one year. This is the most widely used ground for divorce in the State of New York. The reason this ground is widely used is that New York does not have a true no-fault ground for divorce. It is only state in the United States that still maintains an archaic fault based divorce system.

Constructive Abandonment – No Sex for a Year:

Mr. Davis alleged in his complaint that he had not had sex with his wife for over one year. He submitted an affidavit swearing to the validity of this information.

Unbeknownst to Mr. Davis, Mrs. Davis was pregnant with Mr. Davis’ child. Mr. Davis was successful in obtaining the divorce.

Mrs. Davis had a baby boy named Ethan. Mr. Davis, thereafter, moved for genetic marker testing to prove that he was the father of the child. He wanted a declaration of paternity and the divorce judgment to be modified to indicate he was Ethan’s father.

Mrs. Davis opposed the application by Mr. Davis. In her opposing papers, she indicates that in Mr. Davis’ divorce papers, it contained a signed sworn to affidavit that he hadn’t had sex with her for a period of one year. It, therefore, would be impossible for him to be the father of Ethan. Mrs. Davis also alleged that if Mr. Davis is recanting his sworn statement, he should be prosecuted under the NY Penal Law, §210.10 for perjury.

The Appellate Division, Second Department, in its decision on the appeal, indicated that this was the wrong venue to allege criminal conduct. The court further stated that “the sad truth is that New York’s insistence on fault based divorce ends up promoting a disregard for the truth by fostering and encouraging the embellishment of a spouse’s wrong doing as to grounds …”

The court found that there should a presumption of legitimacy of the child being a child of the marriage because it was in the child’s best interests. The court further stated that it is presumed that Mr. Davis was Ethan’s father by virtue of the fact that he had been married to Ethan’s mother when the child was born. The court stated it was in the child’s best interests that his father’s name appear on his birth certificate and that the father should be able to establish a father-son relationship.

If New York had a true no-fault divorce law with a ground such as “irreconcilable differences” or “incompatibility,” individuals would not be motivated to submit false affidavits in divorce lawsuits for the sole purpose of ending their marriage. Although, New York State in many respects is a very forward thinking state, this is not true when it comes to New York’s divorce laws. The court stated that the “view of marriage is more reflective of the time of the Empire of Queen Victoria than it is of the second decade of the 21^st Century”. The failure of New York’s legal system to adopt a divorce law that reflects 21^st Century sensibilities willl continue to impugn the integrity of the legal system in the State of New York.

The Law Office of Elliot S. Schlissel has been providing legal services to individuals with marital problems for more than 30 years. Should you have an issue involving your marriage, feel free to call us at 1-800-344-6431 or email us anytime.

Picture courtesy of clemmentlaw.

On December 24, 2009, Judge Matthew F. Cooper, sitting in th Supreme Court of New York County, rendered a decision on the case of Davis v. Davis, 89 N.Y.S.2d 611, 2009 WL 3863026, 2009 NY Slip Op 08579. Mr. Davis brought an action for a non-contested divorce, claiming his wife constructively abandoned him. This means she had no sex with him for a period of one year. This is the most widely used ground for divorce in the State of New York. The reason this ground is widely used is that New York does not have a true no-fault ground for divorce. It is only state in the United States that still maintains an archaic fault based divorce system.

Constructive Abandonment – No Sex for a Year:

Mr. Davis alleged in his complaint that he had not had sex with his wife for over one year. He submitted an affidavit swearing to the validity of this information.

Unbeknownst to Mr. Davis, Mrs. Davis was pregnant with Mr. Davis’ child. Mr. Davis was successful in obtaining the divorce.

Mrs. Davis had a baby boy named Ethan. Mr. Davis, thereafter, moved for genetic marker testing to prove that he was the father of the child. He wanted a declaration of paternity and the divorce judgment to be modified to indicate he was Ethan’s father.

Mrs. Davis opposed the application by Mr. Davis. In her opposing papers, she indicates that in Mr. Davis’ divorce papers, it contained a signed sworn to affidavit that he hadn’t had sex with her for a period of one year. It, therefore, would be impossible for him to be the father of Ethan. Mrs. Davis also alleged that if Mr. Davis is recanting his sworn statement, he should be prosecuted under the NY Penal Law, §210.10 for perjury.

The Appellate Division, Second Department, in its decision on the appeal, indicated that this was the wrong venue to allege criminal conduct. The court further stated that “the sad truth is that New York’s insistence on fault based divorce ends up promoting a disregard for the truth by fostering and encouraging the embellishment of a spouse’s wrong doing as to grounds …”

The court found that there should a presumption of legitimacy of the child being a child of the marriage because it was in the child’s best interests. The court further stated that it is presumed that Mr. Davis was Ethan’s father by virtue of the fact that he had been married to Ethan’s mother when the child was born. The court stated it was in the child’s best interests that his father’s name appear on his birth certificate and that the father should be able to establish a father-son relationship.

If New York had a true no-fault divorce law with a ground such as “irreconcilable differences” or “incompatibility,” individuals would not be motivated to submit false affidavits in divorce lawsuits for the sole purpose of ending their marriage. Although, New York State in many respects is a very forward thinking state, this is not true when it comes to New York’s divorce laws. The court stated that the “view of marriage is more reflective of the time of the Empire of Queen Victoria than it is of the second decade of the 21^st Century”. The failure of New York’s legal system to adopt a divorce law that reflects 21^st Century sensibilities willl continue to impugn the integrity of the legal system in the State of New York.

The Law Office of Elliot S. Schlissel has been providing legal services to individuals with marital problems for more than 30 years. Should you have an issue involving your marriage, feel free to call us at 1-800-344-6431 or email us anytime.

Picture courtesy of clemmentlaw.