In a case before Justice Richard Dallinger, who sits in Supreme Court in Monroe County New York, the husband sought to have a social security, disability and workmen’s compensation benefits declared separate property under the New York Domestic Relations Law. He claimed these payments should not be considered income for purposes of giving his wife … [Read more...]
Application for Order of Protection Dismissed: Petitioner Failed to Move Forward with Prosecution
In a recent case before Judge John Hunt, who sits in the Family Court in Queens County, applications for orders of protection were initiated. Judge John Hunt found the parties had been involved in an intimate relationship. They had one child together. Each of the parties had filed many petitions for orders of protection against each other over a … [Read more...]
Divorce Settlement Agreements
Settlement agreements in divorce cases tend to be long and detailed. These agreements cover issues involving child custody, child support, spousal maintenance, the division of property, how much time each parent spends with the children, who pays for college and various other issues. It is important that the language in the agreement is clear and … [Read more...]
Happy Holidays from The Law Offices of Schlissel DeCorpo, LLP
We pause to look back on the past year with its blessings and accomplishments, and we look forward to the new year and opportunities ahead. We are grateful for the trust you have placed in us, and we wish you a joyful holiday season. … [Read more...]
Man Granted Motion to Seal His 2006 Conviction
Neider brought a proceeding to seal his 2006 misdemeanor conviction for criminal possession of a weapon. In his application he stated he was not convicted of any further offenses. He became eligible under the sealing statute New York Criminal Procedure Law Section 160.59 to have his record sealed. Neider claimed he was a law-abiding citizen. He had … [Read more...]
Foreclosure Lawsuit Dismissed
This case involved a mortgagor by the name of Ramirez. Ramirez brought a summary judgment motion seeking a dismissal of the residential foreclosure lawsuit against him. He also sought cancellation and discharge of the mortgage. CitiMortgage, the mortgage holder, cross-moved for summary judgment. They sought to strike Ramirez's answer and … [Read more...]
Joint Custody
New York State has a gender neutral custody law. There is no longer a presumption that either parent should have custody of the children. Both parents have equal rights to seek custody of their children. It should be noted equal rights to obtain custody is not the same standard as to what is in the children's best interests. Courts determine who … [Read more...]
Happy Thanksgiving
At this time of year, we stop to give thanks: for our friends and families, for meaningful work, and for valued clients like you. We are truly grateful that you choose to work with us and we are dedicated to helping you achieve your goals. We wish you all the blessings of a peaceful holiday with those you love. Happy Thanksgiving! … [Read more...]
False Allegations of Child Abuse in Divorces
Divorces can be amicable or be a type of limited warfare between the parents. Sometimes the issue of who is going to be the residential custodial parent is a significant issue in a divorce case. It occasionally leads unscrupulous parents to create accusations of child abuse to further their desire to become the residential custodial parent of the … [Read more...]
