In a recent case from Sullivan County, New York, Family Court Judge Mark Meddaugh awarded a grandmother sole custody of her grandson. The Family Court Judge awarded the grandmother sole custody because she had established "extraordinary circumstances necessary to overcome the father's inherently superior rights to custody." Erica BB and Marcus … [Read more...]
Spousal Refusal And Medicaid Planning
In the States of Connecticut, Florida and New York spousal refusal to pay for a spouse's medical expenses can be an acceptable Medicaid planning technique. The spouse of an individual who goes into a nursing home and applies for Medicaid is referred to as the "community spouse." This spouse can keep approximately $3000 a month of the family's … [Read more...]
Neglect Finding On Consent Not Admissible As Proof Of Neglect In Another Case
The Administration for Children's Services (ASC) brought a proceeding in the Family Court in Kings County claiming a child, William, had been neglected by both his mother and his father because they had smoked marijuana while the mother was pregnant. Judge Ann O'Shea sitting in the Family Court in Kings County took the position the finding of … [Read more...]
Financial Advice for Women Facing the Divorce Process
From time to time we all have some challenges. Such as holiday preparations, shopping, family holidays celebration and so on. One of the biggest problems for some people is the problem of the marriage finishing. This question is faced by some people regardless of the year time, during the holidays or in the customary weekday. Perhaps you have been … [Read more...]
How to avoid wage garnishment due to nonpayment of student loan
Difficulty in paying off outstanding student loan timely is a common issue especially for the college graduates on a tight budget. When the payment towards the loan becomes significantly late, many private lenders request for a writ of garnishment from the learned court. And if it happens, then your current employer, by law, has to withhold certain … [Read more...]
New York’s Alimony Laws Are Changing
In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part II
Serious Driving Offense Under the new regulations, a "serious driving offense" is defined as: a fatal crash; driving related penal law conviction; accumulation of 20 or more points assessed for driving violations within the last 25 years; or having two or more driving convictions each worth five points or higher. If, during the lifetime review, … [Read more...]
Permanent Revocation Of Driver’s Licenses – Part I
At the request of New York Governor, Andrew Cuomo, the New York State Department of Motor Vehicles (DMV) has issued new regulations that will require the permanent revocation of driving privileges in the State of New York. In addition, the Department of Motor Vehicles can also set up a re-licensing procedure that takes a very long time for an … [Read more...]
United States Supreme Court Limits The Use Of Drug Sniffing Dogs
In a decision of first impression, the Supreme Court of the United States has recently ruled police officers cannot take a drug sniffing dogs onto the property of a potential suspect without a search warrant. Police organizations are concerned this will limit their ability to use drug smelling dogs to locate illegal narcotics. Evidence Seized, … [Read more...]
Parental Alienation of Children
Parental alienation of children is now recognized by the Courts in New York to be detrimental to the best interest of children. When one parent alienates the children from another parent he or she is simply hurting the children. Each child has two parents and each of the parents adds to the quality of the human being the child will … [Read more...]
