28 May

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Will the Court Throw Out Your Prenup?

Posted by The Law Offices of Ian S. Mednick, P.C.

Prenuptial agreements are gradually becoming more common among high net worth couples, and the days when people thought of getting one as insulting or selfish are long past. Now, it seems almost expected, as couples have learned how helpful it can be in case the marriage sours. Having a prenup in place does not automatically guarantee the safety of your assets, however. Many people do not realize that it is still possible for their spouse to contest the prenup. The court has the right to dismiss the agreement if it finds the terms unconscionable. This often leaves one party in a...

21 April

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Child Support Responsibilities and Modifications

Posted by The Law Offices of Ian S. Mednick, P.C.

in Child Support, Modification

Divorce is the legal process that is supposed to act as the final severance between two people. Some ties are too strong, even in the legal system, and a number of divorcees still end up working with each other on several issues. Perhaps the most compelling issue is the matter of child support, as both parents still share natural rights over a child even after divorce. Determining the amount The non-custodial parent (the parent not living with the child) is obligated by the court to pay an amount for the benefit of the child. As discussed in Section 240, Article 13...

14 April

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Divorce Mediation: An Alternative to Court

Posted by The Law Offices of Ian S. Mednick, P.C.

in Divorce Mediation

Couples who are willing to discuss how they will proceed with their divorce may consider mediation as an alternative to filing a lawsuit. Through mediation, the process may not only be significantly shorter than going through the courts, as it may also be a more cost effective option for both parties. Issues addressed in divorce mediation During the mediation process, the couple attempts to reach an amicable settlement on their concerns, such as division of assets, child support and custody, retirement, taxes and others. They work out the specifics of their divorce with the help of a mediator. Divorce mediation enables the...

02 April

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Why You Should Not Violate Your Judgment of Divorce

Posted by The Law Offices of Ian S. Mednick, P.C.

in Civil Contempt, Divorce, Divorce Attorney

The 2nd Department issued a noteworthy decision in December of this past year which has straightened out the complexities involved with contempt applications. Although the case law has always been very clear, there have been decisions issued which contradict each other, and confuse the issues of contempt. The 2nd Department has cleared up all of the confusion, and broke down the issue of Civil Contempt. The Court also made it clear that civil contempt does not require a finding of willfulness, unlike Criminal Contempt, which requires a willful violation of the Court Order. The factors required to obtain a finding of civil...

23 January

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5 Reasons Why You Should Hire a Divorce Attorney

Posted by The Law Offices of Ian S. Mednick, P.C.

in Divorce Attorney, Family Law Attorney

1. Protect your rights. Many people believe that they can represent themselves instead of hiring an experienced attorney to save money. Representing yourself in any divorce or family law matter is simply not a wise decision because there are simply too many complexities involved. Although you may be saving yourself money in the short-term by not hiring a lawyer, the odds of losing money are immanent in the long-run. 2. Informed decisions. When hiring a divorce attorney you are hiring an attorney who hopefully specializes in this field. Your attorney will be able to provide you with the information you need...

21 October

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Parental Alienation – Act Before it’s too Late

Posted by The Law Offices of Ian S. Mednick, P.C.

in Parental Alienation

In Rockland County, the Court modified the parties' divorce decree based upon the mothers actions in systematically sabotaging the children's relationship with their father. The mother engaged in strategies and behaviors that were calculated to alienate the children from the father. The Court modified the Order in regards to only two of the parties' three children. The third child was so brainwashed that the Court believed that if they granted the Father custody, the child would run away or sabotage the siblings relationship with their father. It appears that Parental Alienation is an extremely dangerous technique that is taking its form against...

05 October

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Convicted Felon Denied Paternity Test

Posted by The Law Offices of Ian S. Mednick, P.C.

in Paternity

Suffolk County Family Court Judge David Freundlich declared that Ronnell Wilson, who is facing the death penalty for killing two police officers, is "civilly dead". Wilson conceived a child behind bars with a corrections officer and was seeking to establish paternity. His request was denied by Judge Freundlich. The Court ruled that "Those convicted of felonies in New York forfeit nearly all of their civil rights for as long as they are incarcerated, except for a provision in Subdivision 2 of §79 allowing them to challenge and defend themselves in matters relating to their conviction, sentence and defense". Although Wilson...

13 September

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Always Get Legal Advice from a Divorce Attorney First

Posted by The Law Offices of Ian S. Mednick, P.C.

in Child Support, Divorce

Justice Leonard Steinman of the Nassau Supreme Court in another noteworthy decision upholds a divorce agreement printed out from the internet as it was signed by both parties who were without the benefit of advice from a Divorce Attorney in Long Island. There is no knowledge at this time if there were proper acknowledgments. The wife waived maintenance and child support and they agreed to sell the home and split the proceeds. They filed the agreement and then two years later the husband filed for divorce. The wife argued that the agreement should be set aside as unconscionable and overreaching. ...

28 August

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Controversial Nassau County Long Island Divorce Decision

Posted by The Law Offices of Ian S. Mednick, P.C.

in Divorce

A Nassau County Matrimonial Judge has issued a long island divorce decision which brings more questions than it answers. The case involved a post judgment downward modification of child support and maintenance based off of the ex-husband's loss of employment. This application was granted and the ex-husband's child support was reduced and his maintenance arrears were vacated. His ex-wife then moved for breach of contract. The ex-husband moved for summary judgment and was denied. The Court ruled that he was still under an obligation based upon contract principles. The Court granted him a reduction in support under the Judgment of Divorce...

12 August

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Child Support and Social Security Disability for Children

Posted by The Law Offices of Ian S. Mednick, P.C.

in Child Support

Many payees of child support often wonder how a child's receipt of Social Security Disability affects their child support payments. The simple answer is that it does not. There is no reduction in a payee's child support order nor is there a waiver of any child support. Despite the fact that Social Security Disability may be used for the same expenses that child support is used for the New York Court of Appeals has ruled that the New York Child Support Standards Act does not provide for any reduction in child support based off of the child’s receipt of disability payments. In...

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Will the Court Throw Out Your Prenup?

Child Support Responsibilities and Modifications

Divorce Mediation: An Alternative to Court

Why You Should Not Violate Your Judgment of Divorce

5 Reasons Why You Should Hire a Divorce Attorney

Parental Alienation – Act Before it’s too Late

Convicted Felon Denied Paternity Test

Always Get Legal Advice from a Divorce Attorney First

Controversial Nassau County Long Island Divorce Decision

Child Support and Social Security Disability for Children

Author: The Law Offices of Ian S. Mednick, P.C.