New York Divorce Lawyers Recent Decisions

Where father testified that his wife agreed to the reduction in child support on the condition that he help his son find a place to live and that he support him financially, where father testified further that he paid his son more than ,000 over a two year period for housing, food and clothing, and where according to father, mother did not at any time during the almost five year period between the first reduced payment and the filing of her petition for arrearages object to the reduction in child support payments, father’s payments to his son were made in reliance upon the statements and conduct of mother and, therefore, mother was equitable estoppel.

Child support payments become a vested right as they accrue and cannot be unilaterally terminated by the defendant, and neither can they be modified as to amount or time of payment. In the proper case, however, courts will give effect to an agreement between the parties to waive or reduce payments, or courts will apply the doctrine of equitable estoppel Where the mother, who was the custodial parent under the divorce decree, either consented to or acquiesced in a child living with the father and the father supported the child, the doctrine of equitable estoppel may be applied to allow the father an equitable custody. The test has also been stated more broadly to be whether the conduct of the plaintiff mother, as shown by all the circumstance of the case, was sufficient to justify the conclusion that the enforcement of the decree as to unpaid support would be unjust and inequitable to the defendant father.

In cases allowing an equitable credit against support arrearages, the essential element of detrimental reliance has been present; that is, the court has found that the defendant father relied upon the plaintiff mother’s conduct indicating her willingness to give up or modify her right to custody or support.

It is well-established that past-=due installments for child support are the vested rights of the designated recipients and the court lacks the authority to modify those amounts which have already accrued; therefore, any modification in child support payments will only act prospectively.

The required elements for equitable estoppel were not presented where the plaintiff had not by her conduct caused the defendant to suffer any irreparable harm, the failure on the plaintiff’s part to make any demand on the defendant until five years after the defendant reduced payment did not create an equitable estoppel, and the record did not reveal that there was an agreement between the parties to reduce the amount due for child support nor did it indicate that the defendant relied upon any conduct by the plaintiff.

Payments

Even though ex-husband was paid bi-monthly, he could be ordered to make weekly payments, and the trial court was within its discretion to order an increase in child support to per week.

Trial court did not err in refusing to abate child support payments for the time during which husband claimed that he did not know the whereabouts of the wife and child and this section precluded any modification of child support payments which had accrued. Trial court did not err in refusing to abate child support payments for the time during which husband claimed that he did not know the whereabouts of the wife and child and this section precluded any modification of child support payments which had accrued.

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A Look at Divorce Lawyers

There may come a point in your marriage when a breakup is inevitable and if that happens a good divorce lawyer will be the first item on a list of things to do; some advice on what to look for is below:

Fully qualified to deal with your case

Have the proper demeanor

Be trusted by their clients

Whilst it is nice to know your attorney is good in divorce battles it will be to your advantage to choose one with a good mediation record. It also follows that you feel comfortable with them and feel confident they will serve you well.

Adversarial attorneys will use the hammer to crack a walnut approach which often happens when these cases go to court whereas an attorney who specializes in mediation will take a much calmer approach. Planning is all important and whilst there are things you need to prepare for, any contact with your divorce lawyer should be brief and to the point.

Costs are always an issue so write down everything you want to ask and in a logical order always making sure there is an accurate record of times dates and the duration of conversations. Keep a record of all correspondence and conversations and try where possible to have conversations on the phone which will reduce the amount of time required to see them in person.

Your attorney is there for advice and any foreseeable legal actions so do not rely on them for anything but what you are paying them for, and especially not as a shoulder to cry on. The behavior of your spouse, unless pertinent to the divorce, is of no concern to your divorce lawyer and will only distract them from the task at hand.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight. It is important they know any decisions regarding the divorce are yours to make and they are there for their knowledge and experience in providing legal recommendations. As the person paying for their service, you should expect to be sent copies of any relevant documents and if there are any issues that need to be clarified that a prompt response by them is expected.

Don’t think that you have to enter into proceedings armed with a lawyer in tow as they aren’t always necessary although you may wish to speak to one just for advice on a marital settlement for example. In these circumstances you may only need to write down any issues you are unsure about and speak to your lawyer regarding those, and possible outcomes. Marital settlements are something that can be arranged by the individuals involved and then have them checked by a divorce lawyer; then if things don’t work out, the lawyer can always be hired to make the divorce settlement.

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Best divorce lawyers more appropriate to avoid lengthy procedures

During divorce every couple seeks the best divorce lawyers to carry on the procedure fairly, faster and without any complexities. The best divorce lawyers are not very difficult to find just a search through yellow pages or internet surfing is enough to get the names. Best divorce lawyers sometimes have their own sites in which one just to have fill in some information and he/she will get the feedback as soon as his/her case is being considered and the lawyer is ready to undertake the proceedings. Before making any formalities further the lawyers arrange personal meet with the clients to make themselves clearer regarding the case, they discuss the reasons that are leading the couple at the stage of divorce.

Direct communication with the best divorce lawyers is not very easy, sources, information are required for the purpose. One has to be very clear in front of the lawyer and should disclose information regarding the case. This can help the lawyer to conduct the hearings in a better way. Sometimes only one among the couple demands for divorce and the other often rejects to sign on divorce papers, the lawyer should be capable of carrying out the court proceedings in such a way that the one pleading for divorce gets the divorce lawyers to avoid lengthy procedures of court and for divorce; if the couple doesn’t have any strong basis for divorce than even the best divorce lawyer cannot help them in getting divorce.

Before making any plead for divorce it is advisable for the couple to see the probability of carrying on their marriage. If they see any possibility they can try again with a new beginning forgetting the past and starting all over again. Many a time’s anger is the only reason that leads the couple to take the tough decision like divorce, therefore it is better for every couple to make a calm thinking and give a second thought to the decision.

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Dealing With Divorce Lawyers

If you and your ex feel you can separate amicably, do you even need a lawyer? If you’re already separated, will you ever need your lawyer again? What do you need to know about working with them effectively?

I am not a lawyer myself, but I have definitely been a client. In my divorce I was in the legal system off and on for almost three years, including almost a year of mediating my separation agreement. Here are some important things to bear in mind when you’re working with a divorce lawyer.

You Are the Quarterback

While lawyers are a part of your divorce team, you must be the quarterback. It’s like when you are renovating a home. You can hire an architect, a designer, a contractor and a painter who all have their expertise to bring. But ultimately, you’re the one who has to wake up in the morning and live in the house. Your lawyer may have a lot of answers for you, but you need to be the ultimate decision-maker and call the shots.

Most Lawyers Are Trained as Gladiators

The legal system is adversarial and pits one party against the other. Many lawyers are trained with the “us vs. them” mindset. Particularly if you have children together, you’ll need to consider how you can have a long-term, hopefully cooperative, relationship with your former partner long after the case is over. Make sure that your lawyer understands your long-term goals as well.

Trust your Gut

Pay attention to your own intuition when selecting a lawyer. Does the lawyer speak English or legalese? How well does the lawyer listen? How about answering the question you actually asked? Can you trust him? Will the lawyer be available to answer your calls in a timely way? What is the lawyer’s track record of going to court or not? Is she a family law specialist? You’re entrusting your lawyer with so much, it’s important the lawyer values you as a person, not just as another file.

Think Outside the Box

There are options for working out the details of your divorce other than going to court. Think outside the courtroom box and consider divorce mediation or collaborative law. In divorce mediation, you work with a trained mediator who acts as a neutral third party to negotiate details of your agreement with you. In a collaborative arrangement, both lawyers work side-by-side with their clients to create agreement. Other related professionals, like financial planners, divorce coaches or therapists and parenting advocate can be part of the collaborative team. The intention upfront of all parties is to settle the divorce out of court. In fact, both lawyers must sign an agreement that if they are not able to reach an agreement, they cannot represent their clients in any future court proceedings. Instead of their incentive being to drag the process out, collaborative lawyers have an incentive to reach agreement.

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Twenty-Eight Verrill Dana Attorneys Recognized as New England Super Lawyers, Most of Any Law Firm Based in Maine

Portland, ME (November 26, 2007) –  Twenty-eight lawyers from Verrill Dana, LLP have been selected by their peers for inclusion in the 2007 edition of New England Super Lawyers.  This impartial and well-respected annual guide recognizes the top five percent of lawyers in Maine, Massachusetts, Vermont, New Hampshire, Rhode Island, and Connecticut.  The rigorous selection process includes peer nominations, a blue-ribbon panel review and independent research on candidates.  Advertising in the New England Super Lawyers guide has no bearing on the selection process.

Portland attorneys included are Eric D. Altholz (Employee Benefits/ERISA); Juliet T. Browne (Environmental); Anthony M. Calcagni (Real Estate); Roger A. Clement, Jr. (Bankruptcy & Creditor/Debtor Rights); Judith M. Coburn (Estate Planning & Probate); Christopher J.W. Coggeshall (Real Estate); Douglas P. Currier (Employment & Labor); Beth Dobson (Banking); Gregory S. Fryer (Business/Corporate); Gregg H. Ginn (Employee Benefits/ERISA); James G. Goggin (Intellectual Property); Mark K. Googins (Business/Corporate); William S. Harwood (Administrative Law); David C. Hillman (Bankruptcy & Creditor/Debtor Rights); Keith C. Jones (Business/Corporate); James T. Kilbreth (Business Litigation); William C. Knowles (General Litigation); Alan D. MacEwan (Business/Corporate); Christopher S. McLoon (Tax); Richard G. Moon (Employment & Labor); Charles R. Oestreicher (Real Estate); James C. Palmer (Real Estate); and A. Robert Ruesch (Construction Litigation).

Boston attorneys included are James F. Coffey (Business/Corporate); Gene D. Dahmen (Family Law); Donna M. Evans (Business Litigation); George P. Field (Business Litigation); and Gail Pennington (Estate Planning & Probate).

“We are honored that so many of our lawyers were chosen for this distinct recognition,” said Verrill Dana Managing Partner David E. Warren.  “While only five percent of attorneys practicing in New England were selected, nearly 30 percent of Verrill Dana lawyers were chosen for inclusion.  They, along with their colleagues, help to make Verrill Dana one of the most respected law firms in New England, and beyond.” 

About Verrill Dana:

Verrill Dana, LLP is a full service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, Augusta, and Kennebunk, Maine; Boston; Hartford; and Washington, DC.  To learn more, visit our website at www.verrilldana.com.

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Twenty-Eight Verrill Dana Attorneys Recognized as New England Super Lawyers, Most of Any Law Firm Based in Maine

Portland, ME (November 26, 2007) –  Twenty-eight lawyers from Verrill Dana, LLP have been selected by their peers for inclusion in the 2007 edition of New England Super Lawyers.  This impartial and well-respected annual guide recognizes the top five percent of lawyers in Maine, Massachusetts, Vermont, New Hampshire, Rhode Island, and Connecticut.  The rigorous selection process includes peer nominations, a blue-ribbon panel review and independent research on candidates.  Advertising in the New England Super Lawyers guide has no bearing on the selection process.

Portland attorneys included are Eric D. Altholz (Employee Benefits/ERISA); Juliet T. Browne (Environmental); Anthony M. Calcagni (Real Estate); Roger A. Clement, Jr. (Bankruptcy & Creditor/Debtor Rights); Judith M. Coburn (Estate Planning & Probate); Christopher J.W. Coggeshall (Real Estate); Douglas P. Currier (Employment & Labor); Beth Dobson (Banking); Gregory S. Fryer (Business/Corporate); Gregg H. Ginn (Employee Benefits/ERISA); James G. Goggin (Intellectual Property); Mark K. Googins (Business/Corporate); William S. Harwood (Administrative Law); David C. Hillman (Bankruptcy & Creditor/Debtor Rights); Keith C. Jones (Business/Corporate); James T. Kilbreth (Business Litigation); William C. Knowles (General Litigation); Alan D. MacEwan (Business/Corporate); Christopher S. McLoon (Tax); Richard G. Moon (Employment & Labor); Charles R. Oestreicher (Real Estate); James C. Palmer (Real Estate); and A. Robert Ruesch (Construction Litigation).

Boston attorneys included are James F. Coffey (Business/Corporate); Gene D. Dahmen (Family Law); Donna M. Evans (Business Litigation); George P. Field (Business Litigation); and Gail Pennington (Estate Planning & Probate).

“We are honored that so many of our lawyers were chosen for this distinct recognition,” said Verrill Dana Managing Partner David E. Warren.  “While only five percent of attorneys practicing in New England were selected, nearly 30 percent of Verrill Dana lawyers were chosen for inclusion.  They, along with their colleagues, help to make Verrill Dana one of the most respected law firms in New England, and beyond.” 

About Verrill Dana:

Verrill Dana, LLP is a full service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, Augusta, and Kennebunk, Maine; Boston; Hartford; and Washington, DC.  To learn more, visit our website at www.verrilldana.com.

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Living Together: How unmarried couples can benefit from Illinois divorce lawyers and estate lawyers

As a new generation of twenty-something’s reaches marriage age; more and more couples are opting to live together and either delay or entirely forego that long trip down the aisle. This is not surprising considering that many of today’s young adults carry deep wounds from a record high divorce rate that plagued their parents’ generation in the 1980′s and 90′s.

In an attempt to avoid becoming part of a divorce statistic, it is possible that young couples avoid marriage in order to avoid divorce. Unfortunately, the legal consequences of a breakup for unmarried couples can actually be far worse than the legal consequences of divorce.

The most effective way to gain the legal benefits of marriage is by getting married, but same-sex couples are denied the legal right to marry in Illinois, and many heterosexual couples are resistant to marriage. Thus, there are steps that Illinois attorneys can take to ensure that cohabiting couples receive most of the legal benefits of marriage.

The legal disadvantages of cohabitation

When a married couple divorces, each person is generally entitled to 50% of all assets attained during marriage. Co-habiting couples, on the other hand, do not have the luxury of a legal formula to determine what happens to all of their assets when they break up. For example, when a married couple buys a car, only one person’s name is on the title, but courts recognize that each person has equal ownership of it, whereas courts would give 100% ownership of a co-habiting couple’s car to the title holder. There is no assumption that a co-habiting couple’s assets are jointly owned, and neither person is entitled to anything that they did not specifically pay for or gain title to.

The 1970 lawsuit of Hewitt v. Hewitt, 77 Ill 2d 49, 394 NE2d 1204 (1979), is the most recent Illinois Supreme Court case involving the division of assets between non-married cohabitants. The Hewitt’s lived together outside of marriage, but Ms. Hewitt changed her name and the couple presented themselves as husband and wife. The couple agreed that Mr. Hewitt would be the primary wage earner while Ms. Hewitt fulfilled all other tasks involved in maintaining the household. When the couple broke up, the Illinois Supreme Court decided that because Mr. Hewitt supported the household financially, Ms. Hewitt had no right to any of the couples’ assets.

If the facts in the Hewitt case were different, and instead of breaking up, Mr. Hewitt died, technically, the result would have been the same. Ms. Hewitt could have been served with an eviction notice from Mr. Hewitt’s relatives and been forced to leave her home.

Cohabitation is considered socially undesirable in Illinois, and thus far, courts have not gone out of their way to extend the benefits of marriage to cohabitants. Because the result of breakups and death among cohabiting couples can be unfair, it is important for unmarried couples to hire attorneys and secure the legal benefits of marriage.

Contracts for cohabitants

The lesson from Hewitt v. Hewitt is that cohabiting parties should form written contracts regarding living arrangements. One simple written document drafted by an attorney could have changed the result of the entire case for Ms. Hewitt.

Although written contracts and wills cannot provide all of the legal benefits of marriage, such as social security benefits based on a spouse’s earnings or loss of consortium based on a spouse’s damages in a lawsuit, an effective attorney can ensure that cohabitants receive most of the legal benefits of marriage.

Contracts can indicate that all assets attained during cohabitation are joint assets, to be divided equally in the event of a break up. Furthermore, written contracts between unmarried couples can establish each person’s services to the household, such as who makes money and who is responsible for household management.

Estate planning is another step that cohabitants should consider to give members of a couple rights to one another’s property and health care in the event of death or serious medical illness. Ordinarily, when one member of a cohabiting couple becomes ill or dies, the other has no right to make serious medical decisions or inherit the other’s estate. Typically, the deceased partner’s estate is left in the hands of his or her family, which can be particularly troublesome when the decedent’s relatives hate the other partner.

Unmarried couples risk ugly battles in the event of death or breakups, with no assistance from Illinois courts unless their relationships are governed by contracts. By drafting contracts and wills, Illinois divorce attorneys and estate-planning attorneys can provide cohabiting couples with most of the legal benefits of marriage.

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Seek the Right Alimony With the Help of Maryland Divorce Lawyers

Family law in Maryland, permits estranged couples, to obtain either a limited divorce or an absolute divorce. To help a dependent spouse, overcome financial problem caused during or after divorce, the law of the land empowers courts to direct the bread winner to provide alimony to the dependant. A dependant can choose to appeal for any of the three types of alimony, provided by law. They are temporary alimony, rehabilitative alimony, and indefinite alimony.

Temporary Alimony

You can avail temporary alimony even before the marriage is annulled. This can help a spouse tide over financial constraints while the divorce proceedings are on. However, obtaining this alimony depends upon the living standards and the financial position of the bread winner. The purpose of this kind of alimony is to ensure that the dependent spouse is not deprived of food, clothing, shelter etc.

To obtain temporary alimony, a Maryland divorce lawyer needs to present that the parties are married; they have filed for a divorce, and financial compulsions of the parties.

To compensate for the time gap, caused by prolonged divorce proceedings, courts in Maryland jurisdictions are empowered to award temporary alimony. Failure to oblige may lead civil contempt, criminal contempt, or other sanctions.

Rehabilitative Alimony

Rehabilitative alimony is awarded after the marriage is dissolved. This alimony helps the economically dependent spouse to support himself/herself after separation. The ultimate decision is taken by the trial judge, after taking certain factors into considerations. Some of these factors are:

Whether the parties seeking alimony can be wholly or partly self-supporting.

The time necessary for the dependent to find suitable employment.

The standard of living maintained, when they were together as married couples.

The duration of the marriage.

The monetary and non-monetary contributions, of each party to the well-being of the family.

The cause of the estrangement.

The age of each party.

The physical and mental condition of each party

The financial needs and financial resources of each party.

Indefinite Alimony

Indefinite alimony is awarded with a judgment of divorce, and may continue until the recipient spouse dies.

Such alimony is awarded in some rare cases. The trial judge considers indefinite alimony under extreme situations. This includes, self-supporting because of age, health, or disability and in cases like “unconscionable disparity” in future standards of living of the dependant.

To know more about the alimony, appropriate in your case, you can consult a Baltimore divorce lawyer.

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Tips for Working With Divorce Lawyers

Picking the right divorce attorney is a critical decision. Divorce lawyers are your guides through the legal system. They are your teachers about your legal rights and obligations. At a time when you’re not in your peak decision-making form, you have many important questions to answer when you’re finding a divorce attorney. Should you get a shark who can duke it out in court? If you and your ex feel you can separate amicably, do you even need a lawyer? If you’re already separated, will you ever need your lawyer again? What do you need to know about working with them effectively?

I am not a lawyer myself, but I have definitely been a client. In my divorce I was in the legal system off and on for almost three years, including almost a year of mediating my separation agreement. I’ve encountered many wonderful lawyers, and many not so wonderful lawyers. It’s important you find a legal professional that views you as a human being with a family, not just as a case.

Here are some important things to bear in mind when you’re working with a divorce lawyer.

You Are the Quarterback

While lawyers are a part of your divorce team, you must be the quarterback. It’s like when you are renovating a home. You can hire an architect, a designer, a contractor and a painter who all have their expertise to bring. But ultimately, you’re the one who has to wake up in the morning and live in the house. Your lawyer may have a lot of answers for you, but you need to be the ultimate decision-maker and call the shots.

Most Lawyers Are Trained as Gladiators

The legal system is adversarial and pits one party against the other. Many lawyers are trained with the “us vs. them” mindset. Particularly if you have children together, you’ll need to consider how you can have a long-term, hopefully cooperative, relationship with your former partner long after the case is over. Make sure that your lawyer understands your long-term goals as well.

Trust your Gut

Pay attention to your own intuition when selecting a lawyer. Does the lawyer speak English or legalese? How well does the lawyer listen? How about answering the question you actually asked? Can you trust him? Will the lawyer be available to answer your calls in a timely way? What is the lawyer’s track record of going to court or not? Is she a family law specialist? You’re entrusting your lawyer with so much, it’s important the lawyer values you as a person, not just as another file.

Think Outside the Box

There are options for working out the details of your divorce other than going to court. Think outside the courtroom box and consider divorce mediation or collaborative law. In divorce mediation, you work with a trained mediator who acts as a neutral third party to negotiate details of your agreement with you. Each party will have their own lawyer. In a mediation, you and your ex work together with a divorce mediator to hammer out a deal, going back to your lawyers to get legal advice on your solutions and how best to craft your solutions in your agreement.

In a collaborative arrangement, both lawyers work side-by-side with their clients to create agreement. Other related professionals, like financial planners, divorce coaches or therapists and parenting advocate can be part of the collaborative team. The intention upfront of all parties is to settle the divorce out of court. In fact, both lawyers must sign an agreement that if they are not able to reach an agreement, they cannot represent their clients in any future court proceedings.

Instead of their incentive being to drag the process out, collaborative lawyers have an incentive to reach agreement. The collaborative process offers a more respectful and humane way to end your marriage, and fortunately more and more clients are finding out about it and looking for attorneys with specialized collaborative training.

Getting divorced and navigating the legal system isn’t easy and can be overwhelming. It’s worth the time and energy upfront to find the right divorce lawyer for you who can be part of the solution, and not part of the problem.

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Living Together In Divorce – A Divorce Lawyers Delight?

You have both decided that no amount of counselling will fix your broken marriage. You started as friends and luckily may end that way also. The trouble is you both have invested a lot of hard earned cash into your marriage.

The family home, you are so proud of the two cars in the driveway, which you both need on a daily basis and of, course the household furniture. Unless you get a good solid price for the house when selling you will have to pay extra back to the bank and then to add to this the credit card bill and other small assorted debts.

It seems when the love has gone out of some marriages what is left is potential financial disaster. With so much of your finances tied up together the unravelling of it all will need some create thinking. Why not live together until it is all sorted out. Rushing into a quick divorce may mean a hurried house sale and a loss of other assets. You both went into the marriage with the belief it would be along term commitment and did not mind being financially tied together so if you are friendly still with each other why rush.

It took considerable time to save for the house and acquire debt so taking your time winding down the financial side of the marriage is not a bad idea. Would it not be better to walk away with a smile on your face knowing that your house sold for the correct amount and all combined debts have been fairly divided?

You can bet your bottom dollar that a lot of couples that leave a huge mess behind will not be welcome company in any bank managers office. With changing times you need to hold onto your credit rating especially if it is good. Having kids may make splitting up even harder as there future welfare would be at the top of any parents priority list. It is very expensive to provide for them so running two households would be financially crippling for some couples. There are partners who could not bear the thought of being a part time parent so opted to stay together till the children were older.

It comes down to practicality in the end. Fight your way out of the marriage and leave possibly with nothing or take your time and plan for a future with separate lives and peace of mind. By giving yourselves some breathing space you can work out the nuts and bolts of the impending divorce knowing you are not willing to compromise all that you have worked for. I am sure a lot of the divorce lawyers would find couples that have stayed together till all areas of the marriage were properly wound down an absolute pleasure to work with. Not to mention the bank manager.

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