The Smart Divorce-It May Be Mediation
December 8, 2009
(Great Neck, N.Y.)- New York State may be the most expensive place on the planet to get divorced. This can be attributed to New York being the only remaining state still requiring grounds for divorce, or the fact that New York’s custody laws seem to encourage litigation, or the fact that licenses and degrees are classified as marital assets, which promotes even more litigation.
Lloyd Rosen, an associate attorney at Wisselman, Harounian & Associates P.C. will be offering a SMART DIVORCE workshop on January 28th from 6:00 PM to 7:30 PM at our office at no cost. This is a workshop designed to help a person considering a divorce to make it more affordable.
Wisselman, Harounian & Associates PC has begun offering mediation as one of its matrimonial and family law areas of practice. Wisselman, Harounian & Associates offers a free consultation in our office and one of the discussion points will be whether mediation may be a road a divorcing couple should explore based on their circumstances. For those who are unsure about whether to proceed or not because of financial reasons, this discussion may provide helpful pros and cons for mediation.
The Smart Divorce (whether seeking mediation or not) should be the goal for every couple facing the end of their marriage in today’s economic climate. In every net worth category and income level, families today are faced with declining home equity, shrinking 401k investments and depleting college savings. They are faced with job losses, loss of overtime income, and looming credit card debts. Just about everyone is concerned about saving money and assets during a divorce.
There are some conditions necessary in order to have a successful A Smart Divorce:
- the most important one is a commitment by both parties to give their full efforts to negotiate out of court settlement with the assistance of their attorneys. Litigation should never be an initial strategy, but a last resort. Grounds for divorce should be agreed to from the outset.
- Secondly, parties should devote their efforts to reaching a custody and visitation agreement which provides the least disruption to the children. Joint custody and joint parenting should be explored. With most households having two working parents, shared parenting is often in the best interests of the children, and attorneys can help their clients create a customized schedule to meet the needs of the whole family.
As to financial issues, it is extremely important for parties to be realistic about their expectations, and to follow the advice of their attorneys. This includes being up front about assets and income, and producing necessary documentation in a timely manner. With fewer resources at their disposal and a gloomy economic forecast, Alifestyle@ expenses such as vacations, private schools, tutors and camps must be looked at carefully and with a view to compromise. It is important to realize that many issues related to the children, including support and visitation are not Awritten in stone@, but may in fact be modifiable in Court after the divorce is settled, based upon a change of circumstances.
Regrettably, in some cases, an amicably settled divorce is simply not possible and litigation cannot be avoided. These include cases where there is abuse, domestic violence, mental illness, drug and alcohol issues, hidden assets or income, paternity issues, a family business, or separate property issues. It is also a challenge to settle a case when one party has completely unrealistic demands, anger, or a vindictive streak that gets in the way of negotiations.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning.
Sometimes the Deadbeat Dad is a Mom
January 29, 2009
(Great Neck, N.Y.) As the economy continues its downward spiral, it is a rare day that passes without reading about more people who have been handed pink slips or forced to take substantial pay cuts in exchange for keeping their jobs. Income from wages, investments, and savings are all on the decline while the cost of living, particularly here on Long Island, continues to rise. We also hear of government agencies running out of funds because of declining income and sales tax revenues, and unemployment insurance being stretched to their limits. One noted but less publicized consequence of all this, is an increasing incidence of delinquent child support payments. With such a high rate of divorce, the prevalence of these problems cannot be underestimated. In this economy, with an increasing potential for defaulting child support payments, what advice can the matrimonial attorney offer to any custodial parent? The most current U.S. Census Bureau Report on child support may provide the answer to this question.
As a matrimonial attorney, Lloyd Rosen, Esq. (photo) recently handled a child support enforcement matter for a client who had been trying for months to collect child support from a parent who flatly refused to pay and repeatedly misrepresented to the Court an inability to pay. The Family Court Judge finally lowered the boom, and sent the delinquent parent to jail - twice. A commonplace occurrence you tell yourself. Lloyd Rosen, Esq. explains “Did I mention that the deadbeat in this matter was the mom, not dad?” You may think to yourself, a “deadbeat mom” - how unusual. This got Lloyd Rosen wondering - Is the term “Deadbeat Dad” an unfair condemnation of an entire gender?
An August 2007 report issued by the U.S. Census Bureau (Custodial Mothers and Father and Their Child Support: 2005, by Timothy S. Grall) with regard to child support orders and payments in this country reveals some very interesting statistics. First, it should come as no surprise to anyone reading this that women are awarded custody of their children the majority of the time (with a frequency of more than 85%), while fathers obtain custody in less than 15% of cases. Of all the women who have custody, 6 out of 10 are entitled (by order or agreement) to receive child support. In contrast, approximately one-third of custodial fathers are entitled to receive child support.
But what about compliance with support obligations? Perhaps this is where so many men have earned the reputation as a “deadbeat”. However, the facts do not prove this to be true. According to the U.S. Census Bureau report, non-custodial fathers pay some or all of their support obligations 77% of the time, and non-custodial mothers make full or partial payment 75% of the time. Based on these statistics, men are equally as likely as women to comply with their child support obligation.
Another interesting statistic has to do with the contribution the custodial parent makes towards the support of the children. Of all fathers who have custody of their children, more than 92% of them work, either full or part-time, while 78% of custodial mothers are employed.
So it would appear, based upon these statistics that fathers seem to battle the “deadbeat” stereotype: as compared to mothers, they are more likely to be obligated to pay child support when they do not have custody and are as likely to comply with the child support obligation. When men do have custody of the children, they are more likely to work to contribute to the support of the children than are women. Consider the possibility that the term “deadbeat dad” may be unfair, as it appears that there is a real population of women who should be included among a larger class of “deadbeat parents”.
How can we use this information to help reduce the “deadbeat” category altogether? The answer may lie in the concept of joint custody and visitation. Statistics show that when non-custodial parents are more involved in their children’s lives through joint custody and visitation arrangements, they pay all or some of their support obligation nearly 85% of the time. Non-custodial parents who do not share custody or visitation pay support less than 62% of the time. Absent circumstances of actual domestic violence, drug abuse or other such “red flags” where joint custody and visitation may not be appropriate, the custodial parent would be well-advised to encourage the non-custodial parent to be as involved with the children as possible. In such a scenario, the custodial parent would benefit, the non-custodial parent would benefit, and most importantly, the children will benefit. Where else in this economy will you be offered the opportunity to engage in a win-win-win situation?
Lloyd Rosen joined Wisselman, Harounian & Associates in 2005. Having substantial litigation and appellate experience, Mr. Rosen handles all aspects of matrimonial and family litigation. This includes divorce, separation, custody, visitation, domestic violence, child support and spousal support issues, the distribution of marital assets including business assets, as well as prenuptial and postnuptial agreements. He also handles paternity and grandparent custody and visitation, support enforcement, termination of support and domestic violence matters.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving Long Island, Queens and Metro New York clients and the community on legal matters that arise during the course of raising a family and growing a business. It is the firm’s purpose to help protect clients’ legal interests throughout the many phases of their family lives. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, and estate planning.
For more information on Wisselman, Harounian and Associates visit www.lawjaw.com
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Family Law Firm Is Reaching Out to the Community
January 26, 2009
(Great Neck, N.Y) The attorneys at our law firm have conducted annual workshops to the Mental Health Professionals for the last seven years. We have also presented to teachers, financial planners, the medical community and other attorneys. Our goal has been to provide these professionals with an understanding of the legal process encountered in family law proceedings, so they may better assist patients (or clients) experiencing marital problems, custody and visitation matters, and related criminal issues impacting the family.
In the past, we have never reached out and spoken directly to the general public in our neighboring towns. These new complimentary presentations to the community are being held in our office – another first for us. This community has been very good to us since we have been serving our clients in Long Island and the New York City area since 1976.
In these difficult economic times, many people want to learn more about matrimonial and family law and related issues, and they want to get their questions answered. They may be looking to be more informed before making a decision to proceed with their legal matter. These sessions will provide a foundation for answering some pertinent questions.
Below are the three presentations we are starting with. We are also in the process of planning some other legal subjects for future presentations.
PRENUPTIAL AND POST NUPTIAL AGREEMENTS… THEY ARE NOT JUST FOR THE WEALTHY CELEBS ANYMORE
We have seen Pre Nups tossed to the prospective spouse at the last minute ruining an upcoming wedding. We have had clients literally save their marriage with a Post Nuptial agreement. We will explain the Do’s and Don’ts about signing before you say “I Do” and after you have said “I Do”. The legal protection afforded by a “prenup” can be compared to the protection of insurance. Marital and family law attorney will explain these agreements in plain language. Bring your family law questions. Workshop Presenter: Lloyd Rosen, Esq. Wednesday, March 4th at 6:30 PM at 1010 Northern Blvd. in Great Neck. RSVP at 516-773-8300. www.lawjaw.com
TO DIVORCE OR NOT TO DIVORCE
That is the Question … especially in these difficult economic times. Matrimonial and family attorney will examine important legal considerations to those contemplating divorce in this challenging economy. Current case studies will be discussed. Bring your questions for a livelier discussion. Workshop Presenter: Randall Malone, Esq. Thursday March 12th at 7:00 PM at 1010 Northern Blvd, Great Neck. RSVP at 516-773-8300. www.lawjaw.com
HOW TO HAVE A SMART DIVORCE
Dealing with divorce in changed economic times requires changes in strategy. How and when do you modify your child support if your finances (or your ex-spouses finances) have changed since the divorce? Fathers’ Rights relating to separation and divorce will also be discussed. Workshop Presenter: Eyal Talassazan, Esq.. Tuesday, March 31st at 7:00PM at 1010 Northern Blvd. in Great Neck. RSVP at 516-773-8300. www.lawjaw.com
Photo: Lloyd Rosen, Esq., Workshop Presenter and First Speaker
