Hempstead Family Law Lawyer, New York, page 3

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Amanda Rose Gentile

Family Law, Divorce
Status:  In Good Standing           Licensed:  14 Years

Harold F. Damm

Family Law, Personal Injury, Medical Malpractice
Status:  In Good Standing           Licensed:  46 Years

Christopher Joseph Pogan

Landlord-Tenant, Family Law, Criminal
Status:  In Good Standing           Licensed:  16 Years

Eve Frances Helitzer

Complex Litigation, Family Law, Child Custody, Divorce & Family Law, Gay & Lesbian Rights
Status:  In Good Standing           Licensed:  18 Years

Robert K. Fischl

Juvenile Law, Litigation, Family Law, Criminal
Status:  In Good Standing           Licensed:  41 Years

Michael Larry Goldman

Immigration, Family Law, Business
Status:  In Good Standing           Licensed:  47 Years

William J. Corbett

Lawsuit & Dispute, Government, Estate, Business, Collaborative Law
Status:  In Good Standing           Licensed:  59 Years

William Joseph Corbett

Mediation, Arbitration, Clean Air Practice, Collaborative Law
Status:  In Good Standing           

Kevin Robert Carsey

Family Law
Status:  In Good Standing           Licensed:  48 Years

Melissa M. Wolin

Family Law, Divorce, DUI-DWI, Children's Rights
Status:  In Good Standing           Licensed:  12 Years

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LEGAL TERMS

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

MARITAL TERMINATION AGREEMENT

See divorce agreement.

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.

COMPLAINT

Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

CUSTODIAN

A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manag... (more...)
A term used by the Uniform Transfers to Minors Act for the person named to manage property left to a child under the terms of that Act. The custodian will manage the property if the gift giver dies before the child has reached the age specified by state law -- usually 21. When the child reaches the specified age, he will receive the property and the custodian will have no further role in its management.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

QMSCO

See Qualified Medical Child Support Order.

POT TRUST

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

SAMPLE LEGAL CASES

Chowdhury v. Rodriguez

... II. Labor Law § 240 (1) and § 241 (6). Labor Law § 240 (1) and § 241 (6) contain identical language exempting from the statutes "owners of one and two-family dwellings who contract for but do not direct or control the work" (compare Labor Law § 240 [1] with § 241 [6]). ...

MATTER OF SPENCER v. Spencer

... Under New York's version of UIFSA, "[a] tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state" (Family Ct Act § 580-611 [c]). In Connecticut, a court may issue an order of support for a child who is under ...

Ortega v. Puccia

... The defendants argued that summary judgment was appropriate under the single-family homeowners' exemption of Labor Law §§ 240 and 241. ... Unlike Labor Law §§ 240 and 241, section 200 does not contain any single- and two-family homeowners' exemption. ...