Westchester County Divorce & Probate
Sherry A. Bishko, Esq. served and presented on a fabulous panel of experts on February 16, 2023 at Pace University School of Law entitled, Family/Matrimonial Law Overview: Diverse Perspectives From Current Practitioners with nearly 100 audience members. The program was hosted by the Westchester Women’s Bar Association and Pace University School of Law and was very well received!
If so, it is time for your child to do Advanced Directives. An Advance Directive gives a person (called an agent) a voice at a time when he or she is not able to do so. There are Advance Directives for health care decision-making (health care proxies and HIPAA Authorizations) and for financial decision-making (powers of attorney).
Without a health care proxy and HIPPA release, if your child gets sick or is in an accident while away from home, you would likely not be able to get medical information about him or her, nor would his or her doctor be able to speak with you – even though you are the parent! Your child’s Heath Care Proxy appoints someone to make medical decisions if your child is unable to make medical decisions for himself/herself. A HIPPA Authorization authorizes you to speak with the doctor of your 18-year-old even if your child is able to make decisions (you get to be a second set of ears).
And last, but not least, we recommend your 18-year-old execute a living will. A living will doesn’t designate authority to an agent, but it permits your child to describe what kind of health care decisions your child would want if he or she becomes unable to make his/her own decisions regarding health and medical treatment. We have two basic versions of the living will: “please stop treating if there is NO hope of recovery” and “treat treat treat”.
Please contact us for more information about these documents (and all other estate planning options), and to assist your child in preparing and executing these important documents.
Almost every divorce client will ask whether they will be entitled to child support or spousal support. These are two separate questions and New York law deals with them separately.
New York state has guidelines that establish how much money is required for child support. Child support depends on the family income. In addition, child support is statutorily required to include mandatory “add-ons”, such as childcare and unreimbursed medical costs.
If your income is over a certain amount, child support is determined outside of the guidelines and depends on many different factors.
The factors that the court will consider when determining if a spouse is eligible for spousal support are:
In general, spousal support is ordered on an individual basis. The court will look at individual factors and decide if a spouse is entitled to spousal support and if so, what will be the duration of that support.
During either mediation or the collaborative process, the spouses can come up with their own plan for child support and spousal support. The couple can focus on the needs of the other party in addition to their own needs and come to an agreement that works for them both and that they both feel is equitable.
For answers to your questions about child support and spousal support, or for any question concerning your divorce or the divorce process in general, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us at 914.347.1292.
One question almost all divorce clients ask is, “How long will this take?” In New York, there are procedural legal requirements that must be followed that cannot be changed. In addition, how fast the couple themselves come to a settlement agreement influences the length of time it takes to obtain a final divorce order.
Generally, if all goes well, it takes a minimum of one year to a year-and-a-half from the filing of the summons to the date the court signs the final order for divorce.
Often times a couple will say they have resolved all issues in their case and are ready to present their settlement agreement to the court. However, when the attorneys review the case with the couple, they often find there are loose ends and more issues to be settled.
Generally, Mediation and Collaborative Divorce can move the case along faster since a team encourages and assists the couple with coming to settlement terms. A divorce case moves along as fast as the slowest person’s desires.
When the couple needs court intervention to resolve their issues, and the case goes to trial, it takes longer. The attorneys can file a Request for Judicial Intervention (RJI) when the process is not moving along as it should. They are bound to comply with the court schedule and obtain court hearing dates.
For assistance in moving your case along, and for finalizing your divorce as expeditiously as possible, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.
When you are going through a divorce, there is a lot of information you need to share with your divorce attorney. You also need to strike a balance between sharing all relevant information and not communicating unnecessarily, since every email, phone call, and text message can increase the cost of the divorce.
It is important for you to understand from your very first visit that anything they tell your attorney is confidential. The information will not and cannot be divulged to anyone else.
This is an important concept since the attorney needs to know everything so there are no surprises from the opposition. Almost every divorce has some difficult issue, something that the client may not realize is important or is simply reluctant to share the information.
For example, maybe you have had trouble with your income tax return or haven’t filed for a few years. You need to share that information with your attorney so your attorney can deal with it. The issue will come up and it will reflect poorly on you if your attorney is blind-sided with the information during, or shortly before, a court hearing.
How often you contact your attorney depends on where you are in the case. At the beginning of the process, when you are focusing on things like a statement of net worth, you will communicate more often. As the case is winding down and near the final order of dissolution, there will be fewer things to discuss.
The most efficient way to communicate is by email, text, or phone. If you receive a communication from your attorney, respond quickly. Do not go “missing in action.” Your attorney needs to hear from you to move the case along.
At the beginning of the process, in some cases, your attorney acts as a go-between between you and your spouse. As the case nears the finish line, your attorney will encourage you to learn how to talk to your soon-to-be ex-spouse. That way, you do not run up future legal bills. Besides, your attorney will not be in your life forever and you need to learn how to speak with your ex without the conversation taking a negative turn.
For answers about communicating with soon to be ex and with your divorce attorney, or other questions you may have about the divorce process, contact us at Rosenthal & Markowitz, LLP. You may also call us at 914.347.1292.
Going through the divorce process is stressful. Often, the breakdown in communication is one cause of the divorce. Even those who thought their communication was good during the marriage have trouble communicating with their spouse during their divorce.
Emotions run high. One spouse may be angry and blame the other for the divorce. There is generally heartbreak and disappointment over the failed marriage.
If this describes you and children are involved, you need to learn how to communicate. You will be with your ex-spouse for your life as you co-parent your children. You will both want to attend graduations, weddings, and other family events.
If you are in the process of divorce, there are some ways to communicate with your soon-to-be ex-spouse that can reduce your stress.
Establish boundaries. The boundaries you set depend upon your unique communication issues. Some suggestions are:
Focus only on the issues. If you need to discuss finances, what is best for the children, and any other issue related to the divorce, do not stray into other volatile issues. It is easy to get an argument started and to say things like, “You always…” “You never…” Do not do that. Keep focused.
Keep it professional. Do not shout. Do not incite an argument. Do not be verbally abusive. Do not retaliate. Do your best to foster an environment conducive to open and respectful communication.
Consider using a mediator. If your attempts to communicate are still difficult and feel non-productive, it may be time for you to use a mediator who will provide you with the guidance you need to help you communicate respectfully.
Contact Rosenthal & Markowitz, LLP
For assistance in communicating with your spouse during the divorce process, or for mediation services that can help, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.
A new issue for divorced parents that came with the COVID-19 pandemic is how to deal with their disagreement about COVID vaccines. There are two major areas where this disagreement affects the relationship:
When one parent refuses to get vaccinated, the other vaccinated parent will likely have concerns about the unvaccinated parent passing the virus to the children during visitation. In one recent case, a mother was vaccinated and had compromised people in her family.
The mother was concerned that the children’s unvaccinated father would pass the virus to them during visitation and the children would then pass it on to family members. They handled this disagreement by agreeing that:
When parents disagree about COVID vaccines for their children, the options are:
For assistance with coming to an agreement if you and your spouse are unable to agree on Covid vaccines for your children, contact us at Rosenthal & Markowitz, LLP.
New York is an equitable distribution state. This means that assets accumulated during a marriage are marital assets that will be divided equitably in the divorce. Assets in this category include real estate, cars, stocks, and joint bank accounts. Also, according to New York law, funds in retirement accounts that were accumulated during the marriage are also marital assets. The ex-spouse is entitled to a share of the spouse’s retirement benefits.
Some examples of employer-sponsored retirement accounts subject to equitable distribution include, but are not limited to:
It is not enough to have the court issue an order dividing the plan between the spouses, there must also be a Domestic Relations Order (DRO).
A Domestic Relations Order (DRO) is complex. The order provides for how the funds in retirement accounts are to be divided, survivor benefits, loans that may have been taken out of the retirement fund, and more.
Generally, the ex-spouse receives half of the funds that were accumulated in the account during the marriage. There is a mathematical formula used in a DRO to calculate the amount the spouse received based on the number of years the couple was married at the time of the distribution.
When a retirement fund is divided during the divorce, the funds that were deposited prior to the marriage, and the increase of those funds due to interest, remain the separate property of the owner of the retirement fund.
It often requires a financial professional to sort out the amount that was deposited both pre and post marriage.
Dividing funds in a retirement plan pursuant to a divorce is complex. You need an attorney who understands how to protect your rights and who will make sure you are not surprised at retirement when funds you expected to be available are not because the DRO was not properly prepared.
For more information, contact our divorce attorneys at Rosenthal & Markowitz.
Rosenthal & Markowitz, LLP
399 Knollwood Road, Suite 107
White Plains, NY 10603
914.347.1292