Every parent knows that the costs to raise a child can be mind-numbing. No attempts at financial planning can truly prepare parents for every cost associated with child rearing. From diapers and formula to football camp and college, children are expensive. CNN Money estimates the cost to raise a child over 18 years to be $245,340.00. As the NYC metropolitan area is among the most expensive places to live in America and Westchester has the highest property taxes in the country, it is likely that the cost Continue reading
Matrimonial and Family Law
10 Best in Client Satisfaction
Each year the American Institute of Family Law Attorneys recognizes the top 10 practitioners in every state with the “10 Best in Client Satisfaction Award” for attorneys who handle matters in the areas of family and matrimonial law. This year Bashian & Farber partner, James L. Hyer. Esq, was presented with this distinguished recognition. When receiving the award, Mr. Hyer commented,
“At Bashian & Farber, we handle a wide range of litigation including matters pertaining to family and matrimonial law and it is wonderful to receive this recognition as we constantly seek to ensure that each client is highly satisfied with our work product. This award confirms that we are reaching our goal.”
Bashian & Farber, LLP handles matters relating to family including divorce, annulment, child custody, child support, paternity, and family offense. Several of our attorneys are also trained mediators who are available to mediate such family disputes.
The Basics of an Enforceable Prenuptial Agreement
“A lot of people have asked me how short I am…Since my last divorce, I think I’m about $100,000 short!”
- Actor Mickey Rooney
With divorces on the rise in the United States and nearly half of all marriages ending in divorce, Prenuptial Agreements should be considered as a way to prevent the financial devastation caused by a protracted, costly divorce. While the decision to proceed with a Prenuptial Agreement is the first step, the second step Continue reading
“Death Bed” “Quickie” Marriages Held to be Void Ab Initio by Appellate Division
Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily overlooked evidence of such abuse, and the sometimes invisible nature of the abuse itself, make this a difficult issue to both recognize and address, even by those closest to its victims. This abuse, compounded by individuals seeking to profit from their abuse and seemingly statutory loopholes allowing them to do so beckoned judicial intervention.
Penny D. Taylor v. Joseph Rosa: A Recent Decision Changing the Law of Paternity By Estoppel
By: James L. Hyer, Esq.
On May, 2, 2007, a decision was rendered in Penny D. Taylor v. Joseph Rosa, No. 76026-04 (Bronx Sup. 2007), significantly changing the law of Paternity By Estoppel.
This noteworthy decision came less than a year after the New York State Court of Appeals holding In The Matter of Shondel J. v. Mark D., 7 N.Y.3d 320, 853 N.E.2d 610, 820 N.Y.S2d 199, 2006 N.Y. Slip Op. 05238 that ruled in favor of Paternity By Estoppel. In that case, the Court of Appeals upheld the lower court determinations that a man was required to pay child support for a child despite irrefutable DNA evidence that the child was not biologically his.
Equity Prevails and Voids Marriage Between Aides and Aged Patients
As ever growing segments of the American population transition into senior citizenship, there has been an alarming rise in what is broadly known as Elderly abuse. Neglect, financial exploitation, physical and or mental abuse, are all forms of elder mistreatment that are adversely effecting increasing numbers of people in our community, and people throughout the country.
This unfortunate occurrence is exacerbated by tough economic times, an increasingly strained healthcare system, and a lack of awareness about the nature and depth of this problem on behalf of families, and the professional communities that offer services to them.
As illustrated in a recent series of decisions, the Courts have been actively taking steps to protect older generations from new forms of elder abuse by using traditional legal tools to address this growing social problem.
Equitable Distribution: Marital vs. Separate Property in a Divorce
Marriage is the chief cause of divorce. – Groucho Marx
Perhaps second only to the issue of child custody, determining what assets are—or are not—subject to Equitable Distribution is the most important factor that shapes matrimonial litigation.
Since 1980, New York State has employed the Equitable Distribution methodology to dividing “Marital Property” in divorce proceedings. The Equitable Distribution approach, in stark contrast to the division used in common law property states, divides “Marital Property” equally regardless of individual ownership by taking a snapshot of the assets owned between husband and wife upon the commencement of the Divorce action.
Consider Before your Divorce
At a time in which approximately half of all American marriages end in divorce, it is imperative that those interested in dissolving their marriage understand the key issues that must be addressed when seeking to obtain a Judgment of Divorce. Regardless of whether the spouses are interested in proceeding with litigation or a form of Alternative Dispute Resolution, such as mediation or collaborative law, each spouse should consider the following key issues prior to taking any action:
Tidbits Spring/Summer 2013
By: Gary E. Bashian
APPELLATE DIVISION AFFIRMS
WESTCHESTER COUNTY SURROGATE
RE: ADOPTED BENEFICIARY’S RIGHTS
In a case of first impression, the Appellate Division Second Department affirmed a Decision of Surrogate Scarpino wherein he held a Decedent’s adoptive child, who was later surrendered by Decedent’s widow by way of a second adoption, maintained her rights and interests in her first adopted father’s inter vivos Trusts and Estate.