Guttman Law Group LLP

08/29/2022

Relocation Parent With Children New York State Divorce and Family Law
The parent seeking to relocate with the child must demonstrate by a preponderance of the evidence that the move is in the best interest of the child.
In reaching a decision the court must consider:
The reason for the move by the parent seeking the relocation
The reason for opposing the move by the parent seeking to block the relocation
The quality of relationships between each parent and the child now and following the relocation.
The resulting relationship between the non-relocating parent and the child.
The court will review the existing parenting schedule with the non-relocating parent and examine the Non-relocating parent’s commitment to that schedule.
Will the relocation improve the life of the child?
Economically?
Emotionally?
Educationally?
Are special educational needs of the child a factor that needs to be brought to the attention of the court? Are the needs of the child being addresses? By whom? Which parent attends school conference
Has the parent seeking relocation investigated the school the child will be attending if relocation is permitted? How do the schools compare - the current school district with the school district that the child will be attending
Will the relocation improve the life of the relocating parent?
Economically?
Emotionally?
The court will determine who is the primary caretaker of the child
Who brings the child to the doctor? Dentist? Which parent attends school conferences?
Which parent addresses therapy issues?
Parents seeking to relocate must prove their case in court by applying the above factors to the facts. The parent seeking relocation must do his or her homework and present cogent arguments for the move including legally admissible backup documentation. Facts to support their legal arguments proving that the relocation is in the best interest of the child will be required. A skilled lawyer is extremely important.The above is only a partial list of what the parent attempting the relocation must demonstrate to the court. At The GUTTMAN Law Group we can help . Call for a free consultation,
631-777-3900. I can also be reached on my cell 516-375-1100. Thank you, Bruce GUTTMAN

08/16/2022

What an intimate relationship is NOT, in New York:

Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an intimate relationship.

So networkers are still safe ........ for now

The Guttman Law Group LLP
[email protected]

08/10/2022

INTIMATE PICTURES OR VIDEOS
New York Family Court has expanded procedures for family offense proceedings to include unlawful dissemination or publication of an intimate image regardless of whether or not consent was obtained. This addition to Family Court Act section 812 is designed to protect the targeted victim.
We are available to answer your questions.
Call the GUTTMAN Law Group at 631-777-3900 or email Bruce Guttman at [email protected]

03/22/2022

MARITAL RESIDENCE NEW YORK EQUITABLE DISTRIBUTION
It is very common in a divorce settlement for one party to receive the marital residence as a part of Equitable Distribution of marital assets. Generally the marital residence is transferred from husband and wife to one of the spouses. New York State requires the filing of form TP-584. New York Codes, Rules and Regulations 575.11 subparagraph (10) states: “A conveyance from one spouse to the other pursuant to the terms of a divorce or separation agreement is subject to tax. (There is a rebuttable presumption in such case that the consideration for the conveyance, which includes the relinquishment of marital rights, is equal to the fair market value of the interest in the real property conveyed.)”
The presumption must be rebutted and future divorce and separation agreements must be drafted accordingly to prevent tax issues with New York State
We can help
BRUCE GUTTMAN
THE GUTTMAN LAW GROUP
631-777-3900

03/08/2022

CHILD SUPPORT-NEW YORK

The following question was asked:
I lost my job. Can I stop paying or reduce my child support obligation?
The law is very clear. If you lose your job through no fault of your own, then you must immediately make application for a downward modification of Child Support. If the Court reduces or suspends your Child Support obligation, the suspension or reduction is retroactive to the date that you make the request. This is also referred to as the date of application.
The Court has an obligation to protect children. Domestic Relations Law Section 236 B (9)(b)(2)discusses Modifications of prior child support orders. Reductions in income are generally not considered grounds for modification of Child Support unless involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability and experience.
If you lose your job, you must immediately seek reemployment and keep detailed records of your job search.

For questions call 631-777-3900
Bruce Guttman
The GUTTMAN Law Group

01/07/2022

Child Support Agreements are required to have §236B(7)(d) wording that allows a party to request a modification of a child support order
“ The parties have been advised that Domestic Relations Law §236B(7)(d) and Family Court Act §451, provide that the parties have a right to seek a modification of a child support order upon a showing of:
(i) a substantial change in circumstance; or
(ii) that three years have passed since the order was entered, last modified or adjusted; or
(iii) there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified or adjusted; and a reduction in income shall not be considered as a ground for modification unless it was involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability and experience.
However, parties to the divorce are allowed to specifically OPTED OUT of subparagraph (ii) and subparagraph (iii) contained in the above section.

12/15/2021

BEWARE
Review and Cost of Living Adjustment of Child Support Order (DRL § 240-c) New York
Many people in the process of divorcing are aware of the CSSA Guidelines for Child Support. However, very often Domestic Relations Section 240-c comes as a surprise. This section of DRL applies when there are children receiving child support through the Child Support Collections Unit with respect to an order of child support. There is no requirement for proof or showing of changed circumstances. This section of New York Domestic Relations Law often accompanies and is triggered by periods of inflation.
DRL § 240-c (2)(a) states:
A cost of living adjustment shall be made by the support collection unit with respect to an order of support under review if the sum of the annual average changes of the consumer price index for all urban consumers (CPI-U), as published annually by the United States Department of Labor bureau of labor statistics, is 10% or greater.

08/17/2020

The Courts view marriage as an economic partnership when dividing assets. The process is known as Equitable Distribution. As a partner it is important for you to know the assets of your marriage and your share of the assets in the event of a Divorce. It is also extremely important to know the dollar cost of the daily life of the marriage. Start by completing a Statement of Net Worth. This includes your monthly expenses and income as well the assets and liabilities of husband and wife. You must be able to answer such questions as:
How is title held on your home? Be sure to examine the deed.
Where did the funds come from to purchase the Marital Home? Get a copy of the closing statement?
Does your spouse have a pension? 401(k)? 403(b) or other deferred compensation? Have you examined the most recent statement?
Do you have a copy of your most recent tax return? How much money does your spouse currently earn? It is very important that you have copies of W-2s for both you and your spouse. For the prior year.
Do either you or your spouse own your own business? Do you have copies of the business tax returns.
How much money do you and your spouse owe? Do not throw out your statements.
The above is a short list of what you will need to know to be an informed spouse. Financial communication is critical to a successful marriage and a successful divorce. It is also very important to teach this lesson, the need to be informed, to your children.

08/05/2020

PENSIONS AND DIVORCE
One of the duties of the Divorce / Matrimonial lawyer is to protect the Pension property interests of his or her client. This right to the other spouse’s property in NEW YORK STATE, is determined under NYS Domestic Relations Law as it relates to Equitable Distribution.
There is specific case law that specifies how the Pension Marital interest is determined.
The pension plan (Plan) which is covered by Federal Law (ERISA) dictates how the pension interest of the non-participant (referred to as the Alternate Payee) may be created. There are several vehicles that are offered by the different Plans at the discretion of the Plan. Some of the vehicles include Qualified Domestic Order (QDRO), Domestic Relations Order (DRO), Shared Interest Order, just to name a few. These vehicles are submitted to the Plan for approval and then submitted to a Judge. Timing and timeliness are CRITICAL.
It is up to your lawyer to protect your interest whether you are the Participant or the Alternate Payee.
The Alternate Payee spouse pension interest must be protected. Some of the ways that this can be accomplished is by preventing the Participant from making an election that will extinguish the Alternate Payee’s interest at the time of the Participant’s death or by not allowing the Participant to take loans or take any other action to reduce the non-Participant Spouse interest. The Alternate Payee’s interest must survive the death of the Participant / Annuitant.
THIS IS A VERY TECHNICAL AREA OF MATRIMONIAL and ERISA Law. It requires the assistance of experts. The skilled Matrimonial Lawyer will bring in a pension actuarial consultant to determine the Marital portion of the pension benefit and further determine the value of this benefit for the non participant spouse (the Alternate Payee).
Protect this extremely valuable asset. Hire experienced professionals to do the job. We have the experience and expertise to answer your questions and protect you.

05/07/2020

Covid 19 and Divorce
Covid 19 is putting stress on marriages as a result of the quarantine. Couples do not have the social options that existed prior to the pandemic. For Husbands and Wives quarantine means a new life style where they are physically in close proximity under the same roof, without relief, together almost 24/7. We have been receiving calls from unhappy spouses wanting to know his or her options concerning a divorce or separation. A common question is who gets the kids? The following may be helpful for those people domiciled in New York State
How is custody determined?
The standard for determining custody is what is in the Best Interest of the Children?
In determining Best interest the Court should be gender neutral.
Joint custody is generally not awarded unless the parties can agree.
Siblings should not be separated without good reason.
Custody should not be changed without proof of a substantial change in circumstances.
Once the above is addressed the Court will examine the following (only a partial list):
• Which parent is the primary caregiver. Who puts the kids on the bus, helps with homework, takes kids to doctor, takes kids to extracurricular activities, goes to school for conferences, speaks with teachers, etc
• Who has a greater psychological bond with the children
• Parents work schedule. This generally favors teachers and those parents who work from home
• Mental Health and physical ability of the parents to take care of the children
• What existed immediately prior to the commencement of the divorce Action. What type of behavior were the children exposed to including discipline,
• Substance and alcohol abuse
• Religion
• Child’s preference
• Which parent is better able to promote children’s relationship and contact with other parent
• Domestic Violence
• False or subsequently determined to be “Unfounded” CPS Reports, Police reports, allegations against the other parent.

We are available to answer your questions. We are in our offices and can be reached at 631-777-3900. We can also be reached by mobile at 516-375-1100 or email [email protected]." rel="ugc" target="_blank">[email protected].

The Guttman Law Group, Long island Divorce Attorney. Bruce H Guttman Suffolk Divorce Lawyer

05/06/2020

CHILD SUPPORT - New York
Parents in NY have a duty to support their Children until the earlier of emancipation or age of 21. With divorced parents the non-residential is obligated to pay the Residential Parent (the parent with whom the child resides) Child Support in accordance with the New York Child Support Standards Act.
The statutory Child Support % is as follows:

1 Child 17%
2 Children 25%
3 Children 29%
4 Children 31%
5 0r more Children 35%

It is very important that if the parties enter into an agreement that it provides for a reduction in Child Support upon the emancipation of each Child.

It is also important that the agreement provide a college room and board credit to be applied to the child support obligation.

Bruce H. Guttman, Esq
Melville, New York
(o) 631-777-3900.
(c) 516-375-1100

05/06/2020

CHILD SUPPORT DIVORCE - New York
Parents in NY have a duty to support their Children until the earlier of emancipation or age of 21. With divorced parents the non-residential is obligated to pay the Residential Parent (the parent with whom the child resides) Child Support in accordance with the New York Child Support Standards Act.
The statutory Child Support % is as follows:

1 Child 17%
2 Children 25%
3 Children 29%
4 Children 31%
5 0r more Children 35%

It is very important that if the parties enter into an agreement that it provides for a reduction in Child Support upon the emancipation of each Child.

It is also important that the agreement provide a college room and board credit to be applied to the child support obligation.

Bruce H. Guttman, Esq
Melville, New York
(o) 631-777-3900.
(c) 516-375-1100