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Petroske Riezenman & Meyers, PC is proud to announce the selection of six of our lawyers to the Super Lawyers annual lists of the top attorneys in New York, a distinction earned by a limited number of attorneys each year. Partners Clifford Petroske, Ryan Riezenman, and Michael Meyers, and Senior Associate Debra Welsh, have been named to the 2023 New York Metro Super Lawyers list, a distinction reserved for no more than 5 percent of New York attorneys each year. Partner Danielle Murray and Senior Associate Katelyn FitzMorris have been included in the 2023 New York Metro Rising Stars list, which recognizes no more than 2.5 percent of lawyers statewide each year. The selections were made by Super Lawyers, part of Thomson Reuters, using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The resulting lists are a valuable resource for clients searching for legal counsel. It is an honor to have the professional achievement of our attorneys recognized by the legal community again this year.  

Divorce vs. Annulment in New York State The terms "divorce" and "annulment" are sometimes used interchangeably, but they mean very different things. A divorce is the dissolution of a valid, legal marriage. Once a divorce decree is obtained, the partners resume their pre-marriage status as single people. An annulment, on the other hand, is a legal declaration that the "marriage" never existed in the first place; in the eyes of the law, such a purported union is and always was a "nullity." Now that New York is a no-fault state, obtaining a divorce is easier than getting an annulment. The no-fault ground for divorce in New York is "irretrievable breakdown," the proof of which is merely a sworn statement that the marriage relationship has been irretrievably broken for at least six (6) months prior to the commencement of the divorce action. It is an intentionally vague standard that is easily proved, and difficult if not impossible to defend against. With annulment actions, however, it is necessary for the party seeking annulment to prove in court that specific conditions justifying the annulment actually exist, along with additional or "corroborative" proof of those conditions. This can put a burden on the party seeking annulment that one does not experience when pursuing a simple No-Fault divorce. Legal Annulment in New York State Annulment is defined in Domestic Relations Law §140. Any one of the following conditions can, if present, render the marriage a nullity: Bigamy/Polygamy or Incest. If it turns out that one or the other marriage partner had a living spouse to whom he/she was married at the time of the new marriage, the new marriage can be annulled. Incest is also grounds for annulment. Individuals who are blood-related, including parents and children, grandparents and grandchildren, uncles/aunts and nieces/nephews, and siblings cannot legally marry in New York State. (Cousins, however, are not prohibited from marrying under New York State law.) One or more parties was under the age of consent. Underage people in New York State can only marry if certain strict conditions are met. The age of consent in New York is currently 18 years; those between 16 and 18 may only marry provided they obtain the consent of both parents; those under 16 may only marry if a judge has consented to the union. If these conditions were not met at the time of the marriage, the marriage can be annulled. Developmental Disability or Mental Illness. An annulment can be obtained if one or both parties is developmentally disabled, by any person who has an interest to avoid the marriage, even after the death of the afflicted individual.  Mental illness of a party is also a ground for annulment, and an action to annul on this ground may also be brought by a “next friend” of the mentally ill person at any time, even after death.  More commonly, an annulment action on mental illness grounds is brought by the other spouse, provided he/she did not know of the mental illness at the time of the marriage. It can even be brought by the mentally ill individual should he or she be returned to sound mind, provided that the parties did not “freely cohabitate” thereafter. Incurable Physical Incapacity. Incurable physical incapacity to “enter into the marriage state,” is also a ground for annulment. It must be brought within five (5) years of the marriage and can be brought by either spouse if the incapacity is incurable.  If brought by the spouse afflicted by incapacity, he or she must have been unaware of the incapacity at the time of the marriage or, if aware, unaware that the affliction was incurable. Marriage Consent was obtained through Fraud, Duress, or Coercion. A marriage annulment may be obtained in instances where one party has deceptively misrepresented important facts about his/her person, including those relating to his/her willingness to have children, sexual orientation, legal immigration status, criminal history, and/or other important facts, including falsely claiming that one is pregnant when one is not. Similarly, "shotgun" marriages into which either party was induced through force or duress (threat of force) may be annulled. However, New York State law imposes an important condition to this rule: ...a marriage shall not be annulled on the ground of force or duress if it appears that, at any time before the commencement of the action, the parties thereto voluntarily cohabited as husband and wife; or on the ground of fraud, if it appears that, at any time before the commencement thereof, the parties voluntarily cohabited as husband and wife, with a full knowledge of the facts constituting the fraud. In effect, New York State requires that the victim of fraud, duress or coercion cease voluntary cohabitation with the other party as soon as possible after he/she learns of the fraud. If this does not occur, the action for annulment may fail. Marriage Improperly Solemnized. In New York State, the ability to legally marry people is limited to a set of individuals listed in Chapter 14, Article 3 of New York’s Domestic Relations Law. Any marriage that was solemnized by individuals other than those included in this list may be declared void. Religious Annulments A legal annulment is not necessary to obtain a religious annulment in the Catholic faith. It will also likely not satisfy the requirements of religious authorities for whom the institution of marriage is a sacred instrument. If you are a member of the Catholic Church and wish to annul the void marriage in order to marry within the church in the future, it is necessary to file a petition that will be adjudicated by church clergy in a formal hearing. In Judaism, a “Get” must be obtained in order to remarry within the faith. A Legal Annulment Does Not Absolve One of Obligations Undertaken During the Marriage While a successful annulment "wipes the slate clean" by declaring the marriage void, it is important to note that the annulling party may still be obliged to assume his/her share of legal obligations that are the product of the union. For example, a partner who successfully annuls a marriage on the basis of incurable mental illness may be obliged to provide support for the ill party. Similarly, the court may impose provisions obligating a marriage partner to provide child support, alimony, and/or the equitable distribution of property. If you are contemplating an annulment, contact us to consult with an experienced matrimonial attorney who is well-versed in the nuances of New York State law to achieve your best outcome.

While parents are not ordinarily obligated to support children in New York beyond the age of twenty-one years, the majority of U.S. states have legislated exceptions for children whose mental and/or physical disabilities prevent them from adequately caring for themselves by their own means. On October 8, 2021, New York joined those states after Governor Kathy Hochul signed Assembly Bill A00898B into law. The new law adds a new section to New York’s Domestic Relations Law and also to the Family Court Act with the following language: a person who would otherwise be chargeable under law with support of a minor child is also chargeable with the support of any such individual until such individual reaches the age of twenty-six, when it shall appear to the satisfaction of the court that the person is developmentally disabled. Assemblywoman Carrier Woerner, who co-sponsored the new law, noted after its passage that “the needs of dependent children with developmental or physical disabilities do not simply disappear when they reach age 21. This legislation will enable single parents of adult children with a disability to pursue continued child support up to the age of 26 when the child’s disabilities prevent them from adequately caring for themselves.” Determining Developmental Disability The criteria to be used by the courts in determining whether an adult child is developmentally disabled are found in New York State’s Mental Hygiene Law, which defines Developmental Disability as: a disability of a person which: (a) (1) is attributable to intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, Prader-Willi syndrome or autism; (2) is attributable to any other condition of a person found to be closely related to intellectual disability because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of intellectually disabled persons or requires treatment and services similar to those required for such person; or (3) is attributable to dyslexia resulting from a disability described in subparagraph one or two of this paragraph; (b) originates before such person attains age twenty-two; (c) has continued or can be expected to continue indefinitely; and (d) constitutes a substantial handicap to such person's ability to function normally in society. The new law specifies that a finding of such developmental disability “shall be supported by a diagnosis and accompanying report of a physician, licensed psychologist, professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker authorized to practice under Title 8 of the Education Law, and acting within their lawful scope of practice.” Courts Have Discretion to Look Beyond the Presumptively Correct Amount of Support The new law grants courts significant discretion to determine support levels beyond the mandatory formulas provided for in Section 413(1-b) of the Family Court Act, which sets the basic child support amount at a fixed percentage of the parents’ combined income: The Court may consider whether the financial responsibility of caring for the individual (child) has been unreasonably placed on one parent when determining the child support obligation. The duration of time the court may use when considering this factor shall be limited to the time period from when the child turned twenty-one until the individual turns twenty-six. If a child support order ended at the age of eighteen then such time period shall be from when the child turned eighteen until the individual turns twenty-six. The law specifies that payment can be made in two ways: directly to the custodial parent, or to an Exception Trust set up to administer the allowance for the child. Petroske Law’s Take New York’s new law is designed to address a significant social ill: the plight of parents with developmentally disabled adult children whose support payments are insufficient to properly care for them. Because the costs of meeting the needs of a developmentally disabled child can run into millions of dollars over the child’s lifetime, extending the support payment period to age 26 is a good and fair thing that will ease the financial pain for many struggling parents. As noted by Assemblywoman Mary Beth Walsh, who drove the bill from conception to reality over the past two years, “it is incredibly challenging for families to provide the best possible support and services for their children and adult-children with developmental disabilities, even more so in a single-parent living situation. Unfortunately, it is not uncommon for divorce to occur in a household with a child who is differently abled. However, just because an age of majority has been reached does not mean that the child no longer needs support. This legislation aims to extend the responsibility for both parents in order to ensure that the day-to-day needs of their dependent child continue to be met.” While the purpose of New York’s new law is undoubtedly laudable, it remains to be seen how exactly courts – to which the law grants broad discretion in terms of deciding whether a child meets the disability criteria and in terms of deciding “whether the financial responsibility of caring for the individual (child) has unreasonably been placed on one parent” – will rule once  cases appear before them. What facts will a lawyer need to show to the court to establish that “the financial responsibility of caring for the individual (child) has been unreasonably placed on one parent?” What facts would rebut such a claim? How exactly will the new “beyond 413 (1-b)” support obligations be implemented? If a parent with an autistic adult child petitions for extended/expanded support, where on the autistic spectrum must a child be located in order to secure such support? These and other unanswered questions will undoubtedly come up as news of this new law percolates through society and parents believing they have been shortchanged bring their cases to court. If you are a parent with an adult disabled child seeking answers as to whether you are entitled to extended/expanded child support payments due to the passage of New York State’s new law, please contact us. We will be happy to recommend the best legal and practical approach to achieving equity for you, your child, and your family.

For many individuals suffering in unhappy marriages, the answer to the question "how long does it take to get a divorce in New York State" will surely be "too long."  Disaffected spouses naturally want to get on with their lives, and the thought of having one's life tied up in a lengthy divorce action is naturally concerning. While it's impossible to state with any specificity how long your divorce will take to resolve, it's clear that an uncontested divorce can be finalized more quickly -- often in a matter of a few months -- than a divorce where disagreements remain between the parties on important issues such as child custody and/or spousal support. Contested divorce -- where the spouses do not see eye to eye on one or more important issues – often takes many months, and sometimes years, to resolve. Because contested divorces involve going to court, the divorce timeline becomes subject to the availability of the court calendar, which can impose unpredictable delays on the process. Additionally, such divorces -- because they require more effort by lawyers and other professionals such as forensic accountants – are more financially costly to obtain than uncontested ones. Uncontested Divorces Are Quicker to Resolve In NY State, an uncontested divorce is one that meets the following two conditions: (a) there are no disagreements between spouses over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) both spouses agree to the divorce and cooperate in signing the required documents. From the perspective of time and financial cost, an uncontested divorce is far superior to one in which the spouses continue to fight and disagree. It also imposes far less stress on the spouses and on any children of the marriage. ​Uncontested divorces are resolved without ever stepping into the courtroom. But it's important to note that the mere fact that both spouses wish to be divorced is insufficient to obtain an uncontested divorce. Obtaining a legally valid uncontested divorce requires that both spouses sign a document where their mutual understanding and agreement as to the issues in their case are formally laid out. This document -- called a Stipulation of Settlement (or Marital Settlement Agreement) --- is typically arrived at after a series of conferences and/or correspondences between the spouses and/or their lawyers.  Once agreement is reached, it is filed with the court and becomes part of what will eventually become a Judgment of Divorce. Contested Divorces Take More Time When fundamental disagreements exist between spouses over important issues such as occupancy or sale of the marital home, distribution of assets such as retirement and bank accounts, payment of debts, custody and visitation of children, child support, maintenance (alimony) and medical insurance, the only option is to bring the matter to court, where a judge will ultimately resolve them. Because the court will require detailed information on every issue where there is disagreement, time will be expended in terms of financial research, document production, as well as court appearances and pre-trial depositions. While New York State imposes certain outside limits on the amount of time that can elapse between different actions in a contested divorce, unanticipated delays can creep into the process, further delaying timely resolution. The good news is even contested divorces can be settled at any time before trial, even when spouses are at odds on fundamental issues (such as child custody), provided that each spouse remains open to compromise. This may happen after preliminary issues have been resolved, circumstances change, or bad feelings over the divorce have abated. Speeding up the Divorce Process The common complaint that the wheels of justice turn too slowly in New York State has been given new impetus due to COVID-19, which effectively shut down the court system for several months in 2020. While the court calendar has resumed, it remains to be seen how quickly the case backlog can be resolved. While the pandemic has forced the court system to update some of its archaic procedures by moving to virtual appearances and electronic document filing, there is no assurance that divorces will be resolved more quickly in the future than they've been resolved in the past. Whether you face (or are contemplating) either a contested or an uncontested divorce, it is vital to engage the services of an experienced divorce attorney as early as possible. The right attorney can guide you toward the best, fastest, and most cost-effective strategy to resolve your case - in or out of court. For some couples, Divorce Mediation is an option that can speed things along, while saving couples the unpredictable time and costs associated with litigation. Your attorney, once he/she has become familiar with your situation, may advise you of other time-saving strategies that can reduce the amount of time associated with a divorce action. We hope that this article has been informative. If you have additional questions regarding your own situation, please give us a call at (631)337-1977 or (516)699-1989. At Petroske Riezenman & Meyers, we are pleased to offer potential clients a free, confidential consultation where they can discuss their legal matter and learn more about our experience. We can also offer our preliminary assessment about how your matter will likely turn out as well as what evidence you will need for a favorable outcome.

An amicable divorce may seem like a contradiction in terms, but it need not be.  There are several ways that a fair divorce settlement can be reached out-of-court between mature, reasonable people - through mediation, a collaborative divorce, or an amicable divorce. In mediation, the couple meets with a third party (often an attorney) who is familiar with the law and guides the negotiations during one or more mediation sessions.  During the sessions, the mediator will answer general questions, but does not represent either party and cannot provide legal advice.  Mediation may be appropriate if you have an idea what you want and you are confident and comfortable negotiating on your own behalf.  The mediator will guide both parties, but there is no one “in your corner” advocating just for you. In a collaborative divorce, each spouse has their own attorney, but they agree in writing at the outset of the negotiations that they will not seek any court intervention.  If they do, they must each hire a new attorney.  Unfortunately, some people take an unreasonable stance in settlement negotiations when they know there is little chance the other party will go to court to enforce their rights.  For example, the non-custodial parent could refuse to agree to the presumptively correct amount of child support even though the custodial parent would be practically guaranteed that amount if a judge decided the case. An amicable divorce, on the other hand, looks something like this - First, each spouse selects and retains their own attorney.  Some attorneys are better suited than others to the negotiation of an amicable divorce.  For example, you may want to steer clear of those touting their aggressiveness.  When selecting attorneys, the parties should make their expectations of amicable divorce clear from the outset.  Let the attorney know that you want to negotiate out-of-court, and your preferred timeline. Next, each party meets separately with their attorney to discuss their goals for the case, and each attorney provides legal advice to their client tailored to his or her situation, both now and in the future.  The parties will each prepare, with the guidance of their respective attorneys, a sworn document called a Statement of Net Worth listing his/her expenses, assets, and debts.  After the Statements of Net Worth are exchanged, a settlement outline is proposed, and a four-way conference can be conducted where both parties sit down with their respective lawyers to try to come to an agreement on all issues - child custody, parental access, child support, spousal maintenance, the marital residence, pension benefits, etc.  Each party has an attorney to advocate zealously, professionally, and respectfully for their position, and gets legal advice along the way to help them decide when to compromise and when to persist. Like mediation or collaborative divorce, it may take more than one session to reach a final settlement on all the issues.  There may be several proposals and counter-proposals made until a settlement is reached.  An experienced attorney will draw on numerous resources, including a nuanced knowledge of the law, familiarity with the courts, and likely outcomes at trial, to persuade your spouse of a position or a good compromise that avoids the expense and trouble of going to court, while keeping the process respectful and amicable. Sometimes, despite the best efforts of all involved, the negotiations fail.  While there is little point to continuing out-of-court talks when it’s clear a deal is not forthcoming, it doesn’t mean you’re in for a messy, prolonged court battle.  It may only take a few court conferences and some input from the judge to finalize the negotiations and sign off on a settlement.  Going to court does not necessarily mean going to trial.  In fact, the vast majority of cases that go before a judge settle without a trial. The advantage of an amicable divorce over a collaborative divorce is that, if the negotiations fail for whatever reason and court intervention is necessary, the parties have the option to keep the same attorneys.  After all, the parties will have built a working relationship with those attorneys, who are familiar with the issues of the case and the history of the negotiations.  It adds time and expense to the process if the parties must hire new attorneys, who then have to get the file from the outgoing attorney and get “up to speed” with the facts of the case. To learn more about divorce mediation, collaborative divorce, or amicable divorce, and find out the best way to proceed given your circumstances, contact Petroske Riezenman & Meyers for a free consultation.  Our Long Island divorce lawyers have negotiated hundreds of favorable settlements on behalf of our clients, and we look forward to helping you.

It may be obvious that many New Yorkers stuck in difficult marriages will want to file for divorce once the Governor’s PAUSE order is lifted. After all, what could be worse than complete confinement with a spouse you can't stand?  Not much– unless you emerge from lockdown and find yourself stuck in a backlog of divorce filings. You may have heard that in several Chinese cities, there were record high numbers of divorces filed when coronavirus restrictions were eased there in early March. According to some accounts, clerks didn’t even have time to drink a glass of water because so many couples were lined up to file. Thankfully, there is a lot that can be done right now to get to the front of that line. Every case, whether contested or uncontested, requires preparation. Even though the courts are currently closed to non-essential filings such as divorce actions, you can get your case ready so that once the courts re-open, you can beat the rush. Finding the right lawyer is a good first step. Your attorney will be guiding you through an important life event, so it’s important that you feel comfortable and confident with this person. Of course, the best way to make this connection is in person, but since that is not possible during the lockdown, an in-depth phone or video consultation can prove invaluable for defining objectives and developing a strategy designed to make life “on the other side” livable once again. Not only can you learn what your case will need to succeed while confined to your home, but your case can be negotiated and even settled without the need for any court involvement. Most divorces are settled out of court, and most attorneys continue to work from home using video conferencing tools such as Facetime, Skype and Zoom. Settlement conferences attended by divorcing spouses and their attorneys are now being held in much the same way as conferences across a table once were. There are numerous issues in a divorce — custody, parenting time, child support, maintenance, equitable distribution of marital property, preservation of separate property, and insurance needs — and all of them can be negotiated in advance of the courts re-opening. Once an agreement on the issues is reached, a written agreement is prepared and finalized. Again, this does not require the courts being open. The only step left after the settlement agreement is signed is the final step: Submitting it to the court with the paperwork needed for the judge to sign the judgment of divorce. Of course, that can only be done once the courts have re-opened. But those couples who thought ahead and used their time wisely during New York PAUSE will be first in line to get their divorce judgments signed. Just as importantly, even before the divorce is finalized, they will have the enforceable written agreements needed to embark on separate lives with confidence, knowing when they'll see their children will live, what money will be paid and when, and how their assets will be divided. The attorneys at Petroske Riezenman & Meyers offer a free initial consultation by telephone or video.  We'd be happy to answer your questions and start you on the path to freedom.  Call us at 631-337-1977, email us, or contact us.

These are unprecedented and trying times. Just a month ago, some people questioned whether they were over preparing for the coronavirus by stocking up on paper towels. Now, we know there is no such thing as too many safeguards during a pandemic. Questions which seemed implausible are now an unfortunate reality for many parents: What should I do if the other parent does not practice social distancing? What happens if the other parent’s job increases the risk of contracting the coronavirus? Should I facilitate parenting time if the other parent resides out of state? Since no family dynamic is the same, no custody case is either. Often, what applies in one custody case does not apply in another. However, there is an exception when advice comes from the Statewide Coordinating Judge for Matrimonial Cases in New York, who recently weighed in on co-parenting during the pandemic.  Justice Sunshine cautioned parents that their behavior during the pandemic will be judged when the crisis is over. “Simply put, when you behave a certain way and there is a judge in the equation, how will a parent behave when I am no longer involved in their lives? With parents who are not obeying court orders, or where no orders exist are engaging in “self-help”, attorneys may and should remind them that the actions they take today and during this crisis could well be determinative or dispositive at the time of final decision by a judge.” Justice Sunshine continued: “[h]ow they conduct themselves at parenting during a time of a pandemic crisis, one which we have never before seen, will shape their relationship with each other as divorced parents in the future, the relationship they have with their children and most importantly the relationship that their children have with them….[if] parents do not conduct themselves appropriately and sensibly, their children will remember throughout their lives how they acted and so will the judge deciding the case. I listen carefully and remember the children who have spoken to me during the hundreds of in-camera interviews I have done in the past 21 years. I hope over the next few years children will be telling me how positively their parents behaved to make sure they were safe, allowed access by technology if illness or the risks of travel prevented access, and that both of their parents put their differences aside and they did it for me." Based on Justice Sunshine’s advice, parents are strongly encouraged to work out their differences and discuss a shared approach towards grocery shopping, social distancing, and visiting loved ones. Try to be flexible. For instance, your parenting schedule likely assumed that your children were in school and that you were working outside the home. Now, you might need to juggle the struggles of working remotely with teaching common core math. Or, perhaps one parent is a medical professional and his/her hours have changed, or, his/her employment poses a risk to contracting COVID-19. These dynamics could lead to many challenges, and parents should be encouraged to make adjustments to parenting time to confront these hurdles. Some options include: Schedule make up time. Remember that summer is coming (we hope), and that the summer offers a great opportunity to schedule makeup parenting time. Be generous with virtual access (Skype, Zoom, Facetime, etc.) and do your best to make the time meaningful. For example, research games which could be played over Facetime, like Yahtzee. Communicate with the other parent by sending pictures and discussing the child’s emotional state. If it is appropriate, facilitate a visit while practicing social distancing. If you cannot agree, you should not simply ignore a Court Order and deal with the consequences later. Instead, you should consult with an attorney, and discuss filing an application with the court to modify or suspend the parenting time altogether.  For example, although it is hard to imagine how a hero on the front lines of the pandemic could be penalized, recently a Florida Court granted an application to modify an emergency room doctor’s parenting time during the coronavirus. In that case, the Florida court held “...in order to insulate and protect the best interests and health of the minor child... [custody must be temporarily changed].”(https://www.cnn.com/2020/04/13/us/custody-coronavirus-er-doctor-trnd/index.html) If you find that you are unable to come to an agreement with the other parent, or simply need advice on how to speak with your ex regarding your concerns, our attorneys are ready to help.  Call us at 631-337-1977, email us, or contact us for a telephone or video consultation. However, at the end of the day, do not forget that there is a reason why so many athletes and politicians are remembered for how they acted when it mattered most. As a parent, this may be your defining moment.

With all non-essential businesses in New York ordered to close their doors to help contain the coronavirus, many parents have lost their jobs or suffered a substantial decrease in income.  If you are unable to pay your child support obligation, there are a number of steps you should take immediately to keep a bad situation from becoming worse. 1. File a Petition in Court: You should file a court petition to reduce your child support as soon as possible.  Otherwise, the law will hold you to the full court-ordered obligation, even if there is no practical way you could possibly pay your child support after losing your job.  If you are successful in proving your case, the reduction of your support obligation will be retroactive, but only to the date you filed in Court --- there is no going back any earlier.  You could end up owing thousands of dollars in arrears that could have been avoided if you had just filed a petition sooner. Although the coronavirus pandemic has closed New York courts to everything except “essential matters” and emergencies, the Family Court clerk is accepting petitions for filing.  Those petitions are being given appearance dates in May or June, 2020, when the Court expects to re-open. 2. Gather Evidence to Prove Your Case:  It’s a mistake to assume that the Court will simply grant a downward modification of support because you are out of work.  This is a common misconception owing, in part, to the 2010 amendments to the Child Support Standards Act (CSSA) which state that support can be modified after three years or if there is at least a 15% change in income since the existing order. It is not that simple.  In order to reduce a child support obligation, the Court will require not just proof of income loss, but also proof of reduced earning capacity. This means that you will have to show that you diligently tried to become re-employed after losing your job.  The sooner this begins, the more extensive the search will appear to be, making the proof of reduced earning capacity more persuasive. 3. Pay What You Can:  Continue paying something towards your child support obligation, even if you cannot afford to pay the entire amount.  Although your income may be limited to unemployment benefits and you may have trouble paying your own bills, the Court will not eliminate your child support obligation entirely. So, even after you file a downward modification proceeding (and until you can) do your best to pay what you can, to minimize the amount of arrears you are ultimately ordered to pay later, and to demonstrate to the judge deciding your case that you made a good faith effort to support your child financially, even during tough times. It is the job of the Court to best ensure that children are supported, so a case which cuts against that grain by seeking to lower support must be well presented, or it will lose.  The attorneys at Petroske Riezenman & Meyers are adept at negotiating and litigating support modification proceedings and can assist you with you seeking a reduction in your child support obligation.  Call us at 631-337-1977, email us, or contact us for a consultation.

If you are thinking about filing for divorce, or you believe that your spouse is contemplating a divorce, you’ll want to be prepared. There are some important steps that you can take today, without ever leaving your home, that will give you an edge if you wind up in a divorce action. 1. Prepare a budget: Preparing a budget will assist your attorney in the preparation of your Statement of Net Worth, a document which is typically required of both parties during the divorce process. The document, in part, sets forth all of your monthly household expenses. A budget will not only assist your attorney in preparing your Statement of Net Worth, but it will guide the Court in determining the standard of living for your family, which may in turn impact child support or spousal maintenance. It will also be useful in planning for your future living arrangements, once you and your spouse physically separate, if you have not already done so. 2. Gather important financial documents: This is probably the most useful thing you can do, not only to avoid feeling overwhelmed but also to assist your attorney in moving your matter forward as efficiently as possible. You can begin collecting the following documents today: Tax returns, including all W-2's, 1099's, and schedules, for the last three years. Paystubs and other records of income for the current year to date. Statements for bank accounts, credit cards, retirement accounts, and investments, for the last three years, for all joint and individual accounts. If you do not have access to all of those statements online, you may need to call the financial institutions directly and have them mail you the documents. Your most recent mortgage, home equity loan, and utility statements, which will also be useful in preparing your budget. Business records, including profit/loss statements, balance sheets, invoices, and business tax returns, for the last three years, if you or your spouse has an interest in a business. Closing documents for real estate you or your spouse own, jointly or individually. Documents which show your “separate property.” You may be entitled to keep (and not share with your spouse) a certain type of asset if you can prove it is your separate property, such as (1) what you owned prior to the marriage; (2) a personal injury award; or (3) an inheritance and third party gifts. If possible, collect any documents showing how you received the separate property, as well as any statements from that time to the present. For example, if you had a 401k account when you got married, you will want a statement showing the value at that time, as well as statements going forward which show the gains and losses on the account. For more information about separate vs. marital property, please see our Video Library and Articles. 3. Open a P.O. Box: You should consider opening a Post Office Box to which you can direct your financial documents be sent. A P.O. Box is also useful to receive correspondence from your attorney that you may not want your spouse to intercept, especially if you are still living together. 4. Keep a log of any important events: If there are any instances of violence or verbal abuse between you and your spouse, or between your spouse and the children, you will want to maintain a detailed log which should outline dates, times, locations, parties involved and exactly what happened and, to the extent possible, what exactly was said. You will also want to document any notable arguments between you and your spouse, or any other information that you may believe will be relevant to a child custody proceeding.  Be sure to save important texts messages and emails between yourself and your spouse. These can be used in motion practice (if necessary), to dispute your spouse’s timeline of events, and to time stamp important events/disputes. 5. Be mindful of your digital life:  Set your social media privacy settings so only friends can see your posts, and change your passwords so your spouse cannot access your private messages with third parties.  Avoid unsavory posts or texts that may include, for example, disparaging remarks to or about your spouse.  Make a conscious effort to be amicable in the tone and content of texts and e-mails to your spouse. Always operate under the assumption that a judge will one day be reading what you wrote or posted. 6. Create a secure email address: Make sure that nobody has access to your personal emails. The best way to achieve this is to create a new email address that can be utilized for the exchange of communications and documents between you and your attorney. Ensure that the password to your email is not automatically saved to any household devices and always sign out on all platforms when finished using your email.  For more information, see The Legal Consequences of Reading your Ex's Email. 7. Seek a therapist that you can confide in: Depending on your situation, the process of divorce has the potential to be emotionally draining. Having a trained professional as an emotional resource can only serve to help you (and/or your children) along the way. Even if you are not exactly ready to file for divorce, these are some of the initial steps you will want to take to plan.  That being said, every marriage and situation is unique, and there may be other actions you will want to take in anticipation of a divorce, which are tailored to your specific needs.  To learn more about how best you can prepare, call Petroske Riezenman & Meyers at 631-337-1977 or contact us to schedule a free consultation with one of our experienced attorneys.

The Governor’s Executive Order shutting non-essential businesses will undoubtedly save many lives, but for those New Yorkers now sheltering at home with an abusive spouse the immediate result is far from safe. Thankfully, help can still be found in the court system. Although the courts have responded to the need to eliminate non-essential activity by dramatically reducing court functions, emergency applications including Orders of Protection can still be brought to court.  New applications are not just limited to cases involving domestic violence.  There are many family offenses that do not involve physical violence, including harassment, stalking, menacing, reckless endangerment, and identity theft, to name a few.  If you need protection from a spouse, former spouse, someone you have a child in common with, a relative, or someone you have been in an intimate relationship with, you may be entitled to an Order of Protection. An experienced New York family law attorney can assist you in determining whether you would likely be able to get an Order of Protection from the Family Court, and can assist you in getting the protection you need and deserve.  Call us at 631-337-1977, email us, or contact us for a consultation.