When Americans face financial stress they turn to their retirement accounts for liquid assets. Pensions, 401K plans and 403B plans are where Americans are turning to for quick infusions of cash. In this past year borrowing from retirement accounts hit new highs. It is estimated that more than 15% of all individuals who have money in retirement … [Read more...]
Prenuptial Agreement In, Lawyer Out
Supreme Court Justice Daniel Palmari recently disqualified Jeffrey S. Stephens from representing Edward Scannapieco, pursuant to a New York ethics rule that bars an attorney from working as an advocate in a case when his presence may have a "significant issue effect." Justice Palmari found that attorney Stephens of Greenwich, Connecticut, had … [Read more...]
Governor Cuomo Slashes NY Judiciary Budget by $170 Million
It is estimated that hundreds of non-judicial workers will lose their jobs related to an additional $70 million dollars in budget cuts from the judiciary budget in the state of New York. The $70 million in budget cuts is in addition to a previous $100 million that was cut from the $2.7 billion budget for the judiciary in the state of New … [Read more...]
Downward Modifications of Child Support Denied
On February 17th, Justice Maron, sitting in the Supreme Court of Nassau County, rendered a decision in the case of S. S. v. M.S, denying the defendant husband a downward modification of his child support and spousal maintenance payments. The husband's application to the court indicated that his income had been greatly reduced. He stated his income … [Read more...]
Retirement Planning Mistakes
Americans do not save enough money during the course of their working years to have the retirement life experience they have dreamed about. In a recent study by the Employment Benefit Research Institute, fifty-six percent of the workers interviewed stated that the total value of their household savings and investments, without including the equity … [Read more...]
Governor Cuomo Seeks to Legalize Gay Marriage in New York
In March of this year, Governor Andrew M. Cuomo went on record that he was in favor of the legalization of same sex marriage in the state of New York. He stated that he would be involved in a campaign to legalize same sex marriage. Same Sex Law Failed in 2010 Last year, a same sex marriage law was proposed. It was defeated in the New York State … [Read more...]
Spousal Maintenance Award is Fair
Justice Janowitz, sitting in the Supreme Court located in Nassau County, New York, recently made a decision in the case of Jill G. vs. Jeffery G, 202923-10 (March 18th). The wife in this case claimed that the temporary, non-taxable maintenance payments she was receiving were inadequate. The wife was receiving $10,783 per month. This award was … [Read more...]
Modification of Criminal Law
DWI's Generally driving while intoxicated convictions (DWI's) are not subject to being expunged. Instead, in some circumstances these records can be sealed. We can also obtain for our clients waivers of civil disabilities for individuals convicted of DWI's. This allows them to obtain commercial licenses in the future or have their commercial … [Read more...]
Fathers’ Rights Issues, Child Support and Visitation
If you are obligated to make child support payments and your spouse refuses to give you visitation, can you stop making these child support payments? The answer to this question is no. A spouse who has child support financial obligations must make these payments whether or not he or she has access to the child for visitation. It takes a court order … [Read more...]
Loss of License for Talking on a Cell Phone
It is against the law to speak on a cell phone while driving a motor vehicle in the state of New York. This past summer, Justice Edmead, sitting in the Supreme Court located in New York County, suspended a driver's license for thirty-one days when she was found guilty of talking on her cell phone. The defendant argued that the courts … [Read more...]