NEW YORK DIVORCE LAWYER

DIVORCE & EXEMPTIONS FOR NON-CUSTODIAL PARENT

2009-04-03T11:54:00.002-04:00

IRS RULES CHANGE FOR DIVORCED OR SEPARATED PARENTS

REGARDING EXEMPTIONS

If you know anybody divorced, separated, or contemplating same-forward them this bulletin

One of the common points which should be dealt with in a divorce or separation agreement or decree, is which party is entitled to the exemptions for the children.

For agreements and decrees from 1985-2008, either a Form 8332 was included with the tax return of the non-custodial spouse entitled to the exemption, or the relevant pages of the decree or agreement which showed such entitlement.

From 2009 going forward, the Form 8332 should be attached.
This may mean chasing your ex to provide the form, and possibly requiring legal intervention if the ex refuses to comply.

Also new, is the ability, (at least with the new Form 8332) for the custodial parent to revoke the non-custodial parent's rights to exemptions. Of course, if this contradicts the agreement or decree of the parties, then court intervention will be necessary to correct the situation.

Any attempted revocation of the non-custodial parent's right to the exemption by the new Form 8332, would take place in the tax year after the form is provided to the non-custodial parent, so you would have time to challenge an unauthorized revocation.

Live on Long Island and contemplating a divorce? contact me. nylawman@justice.com

Need NY Law or Court forms? Go to links at

http://justiceneversleeps.net

HAPPY BIRTHDAY CONSTITUTION!

2009-03-04T13:29:00.002-05:00

In 1789 on this date, the US Constitution went into effect. I can't remember the exact year, that the former administration took it out of effect.

What do you think?

http://justiceneversleeps.net

DIVORCE AND PLAYING THE ORGAN--BATISTA V. BATISTA

2009-03-03T13:09:00.007-05:00

Unfortunately, the press has given much too much coverage of the Nassau County divorce case, Batista v. Batista.

That's the one where the defendant doctor wanted monetary compensation for donating a kidney to his wife. (Or he wanted the kidney returned--but that probably wasn't his first choice).

Well, a decision has been rendered, and the wife gets to keep the kidney, and the husband, doesn't get paid for it. In fact, in the decision, the court notes that by even making the demand for compensation for the donated organ, the defendant doctor may have run afoul of the Public Health Law, and could theoretically be subject to a criminal charge.

The decision noted:

In pertinent part Public Health Law §4307, the controlling statute, provides:"It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any human organ for use in human transplantation. The term human organ means the human kidney, liver, heart, lung, bone marrow, and any other human organ or tissue as may be designated by the commissioner but shall exclude blood. *** Any person who violates this section shall be guilty of a class E felony.

Then the court stated:

Thus, the defendant's effort to pursue and extract "monetary compensation therefor" (¶18, supporting affirmation of Dominic A. Barbara, Esq. [1/11/09]) not only runs afoul of the statutory proscription, but, conceivably, may expose the defendant to criminal prosecution thereunder.

The fact that such a demand was even made, makes divorce attorneys look like clowns. The fact that the press covered such nonsense, makes the press look like the publicity agents for clowns.

Creativity in the representation of clients can be a good thing, but until false red noses and giant shoes become the standard dress of the divorce bar, it's a good idea to rein creativity with decorum and dignity.

What do you think? Let me know at http://justiceneversleeps.net

LAW DAY--FIFTIETH ANNIVERSARY

2008-05-01T11:40:00.002-04:00

Fifty years ago, May 1 was proclaimed Law Day. In honor of the holiday, I welcome all clients to pay those outstanding bills to their attorneys. Remember, the cops might protect you from criminals, but lawyers protect you from the cops.
Over and out.

GAY MARRIAGE & THE GAY DIVORCEE

2008-02-04T10:26:00.000-05:00

Four years ago today, the Mass. Supreme Court gave the go ahead for gay marriage. After all, why should they be happier than anybody else? Since about 50% of married people get divorced, this decision, should make all of the divorce lawyers up in Mass. happy about the new market opportunities. Any adult who wants to tread in the murky waters of matrimony should be allowed to--for constitutional reasons. Let's pry the church from the state once and for all.
W. ADAM MANDELBAUM ESQ.
Justice Never Sleeps.
http://justicenversleeps.net

SLAVERY ABOLISHED 143 YEARS AGO

2008-01-31T13:53:00.000-05:00

This is the 143rd anniversary of the prohibition of slavery and involuntary servitude by the 13th Amendment. Will somebody please inform the folks at the Internal Revenue Service? It would be appreciated.

JUSTICE NEVER SLEEPS!
http://justiceneversleeps.net

CHARLES MANSON ANNIVERSARY

2008-01-25T13:15:00.000-05:00

Today is the 37th anniversary of the conviction of Charles Manson for the Tate LaBianca killings. Now, many people are not aware that Charley wasn't present at the killings, and didn't actually kill any of those people. But he was deemed to be the mastermind of the group that did the killings. Should he have been convicted? What do you think?
http://justiceneversleeps.net

HAPPY ANNIVERSARY TO THE JACKASS

2008-01-15T16:15:00.000-05:00

Today, is the 138th anniversary of the Democratic Party using the donkey as its symbol. Nice to know that they are using jackasses as presidential candidates too.
Yours,
W. ADAM MANDELBAUM ESQ.
http://justiceneversleeps.net

JUSTICE IS DONE IN TANKLEFF CASE

2008-01-02T18:49:00.001-05:00

It is good to see that justice still has a place in the criminal "justice" system. The dedication and ability of Tankleff's attorneys have done the profession proud. Anyone may be wrongfully accused. Not everyone will have the kind of representation that believes in justice for all above all. Tankleff has much to be thankful for.

JOHN GOTTI AND THE PRESS

2007-11-27T16:15:00.000-05:00

It is amazing how the media can't get a story straight. I was with John today at White Plains, and the reporting was by and large inaccurate. John's point is the government--the so called good guys--have behaved in a manner that in a bad guy would have resulted in an indictment. The government has violated its own rules, its own procedures, putting John and his family at risk. Why? Because they lost three times in court. Today, the Feds were after financial documents that they really were not entitled to--and thankfully, for now, the Judge didn't let them have their way. As one of John's attorneys, it sickens me to see this ongoing personal vendetta that the government is maintaining, against a man who left the life a decade ago, and since then, has been an upstanding individual. Do not believe everything you read, people.

NEW YORK BIRTHDAY TODAY--CIA TOO!

2007-07-26T16:36:00.000-04:00

Today is the 219th birthday of New York. In 1788 New York became the 11th state in the United States. It is now THE ONLY FREAKIN' STATE IN THE UNION that still requires grounds for divorce. Yeah team!

Today also, is the 60th birthday of the CIA. You know those guys, they find weapons of mass destruction that don't exist, but they can't find terrorists that do. REMEMBER FOLKS--Deny everything, admit nothing, and make counter accusations. Especially when your own competency comes into question.

TODAY mirabile dictu, is the 99th anniversary of the formation of the Office of the Chief Examiner, which in 1935 became the EFF--BEE--EYE. Yes, the FBI ladies and gentlemen, Forever Bothering Italians.

Ain't history great?

Do You Live on Lawn Guyland? Do you have a legal problem? I solve those. call me.

Want to look at law or legal forms?

http://justiceneversleeps.net

WOMEN'S RIGHTS MILESTONE

2007-07-19T16:32:00.000-04:00

This day in 1848 the first women's rights convention, took place. Elizabeth Cady Stanton, a woman's suffragette, and Lucretia C. Mott, an anti-slavery activist got the ball rolling at Seneca Falls, New York. You've come a long way baby, but you still have to have your rights protected in the courts when it comes to a divorce. Your right to vote has brought about child support standards and equitable distribution. Your right to counsel enforces those rights. Let's tip the old hat to Liz and Lu for setting us all straight one hundred and fifty nine years ago.

2007-07-09T14:17:00.000-04:00

THE SUPREME COURT ONCE AGAIN KAYOS THE CONSTITUTION with its ridiculous right wing religious decision in Hein v. Freedom From Religion Foundation Inc. Bye bye to the First Amendement separation of church and state with this one. Alito, Roberts, Thomas and Kennedy, who should have flunked second year Constitutional Law for rendering such a decision have decided that a taxpayer has NO STANDING to challenge government funding of faith based community groups. Their reasoning is that taxpayers cannot challenge the executive decision to use such funds, merely the congressional, or legislative decision. The funding came from Executive Branch general appropriations.

DIG THIS: Taxpayer money is being used to fund religious based programs, but the taxpayers who provide the money, cannot challenge the constitutionality of this funding. This is the Bush legacy to American Justice folks.

In the dissenting opinion it was recognized, "When executive agencies spend identifiable sums of tax money for religious purposes, no less than when Congress authorizes the same thing taxpayers suffer injury."

What do you think?

FENG SHUI FOR FELONS

2007-06-25T12:06:00.000-04:00

Today's rant deals with the criminal court and jury trials.

It reveals how felony feng shui can prejudice a jury before the trial even starts

—the presumption of innocence notwithstanding.

You walk into a courtroom in criminal land. Who sits close to the judge? The Prosecutor.

Who sits far away from the judge? The defendant and his attorney.

Don't think that matters? Well, think of this—close friend, distant relative—which terminology makes you feel warm and fuzzy, which makes you feel rather cold?

The only alleged bad guy in the room is called the defendant. That sounds like he has something to defend, doesn't it?

You are kind of looking at him and expecting him, well, to defend.

BUT, the constitution doesn't put the burden on the defendant to defend,

(unless he is using an affirmative defense like alibi, or something) it puts the burden on the prosecutor—the guy who is sitting CLOSE to the judge.

Better to refer to the defendant, as the PRESUMED INNOCENT, because that's all he is until a jury states otherwise. Fat chance of that ever happening.

Now, how about that judge? That grand arbiter of the law. His desk and chair are higher than those of anybody else.

He da man, here come da judge, etc. etc. What message does that send to a jury?

Man in the black robe, can't make a mistaken ruling, not him. Look, he is sitting higher than anybody else, must be right.

The prosecutor is often referred to as "the People." The case is called People of the State of New York vs. Joe Blow. Isn't that impressive?

The entire state of New York is going after this guy called a defendant who is sitting far away from a judge who is called Your Honor.

A trial is a gestalt—it's the whole enchilada, words, documents, judicial pronouncements, and the layout of the courtroom. Something to think about next time you get jury duty.

Comments? Don't exercise your right to remain silent, let us know what you think.

NEW YORK DIVORCE CHANGES AHEAD?

2007-05-07T17:14:00.000-04:00

There's a bill going around right now, that has a decent chance to pass, which will shorten the time to convert a separation agreement to a divorce from twelve months to three. A step in the right direction, but we still need to eliminate grounds for divorce in this state, and have a true no-fault divorce system. We are the only state that still requires grounds--that's barbaric.
What do you think?
W. ADAM MANDELBAUM
On the web at http://justiceneversleeps.net

CRIME & PUNISHMENT

2007-03-26T18:31:00.000-04:00

For those of you who think America (Amerika) is the land of the free--guess again. We have the highest percentage of people incarcerated in the world. Many people are languishing in jail for non-violent and victimless crimes. This is--or at least should be--unacceptable to every American. Our constitution is being shredded by the Bush administration and his cronies. We have seen the enemy and he is us.

Here's some general words to the wise. DO NOT EVER CONFESS A CRIME TO THE POLICE. DO NOT EVER CONSENT TO A SEARCH OF YOUR PERSON OR PROPERTY. Of course, when the jackboots are going to search anyway, do not resist, or you may be on your way to prison via the hospital. If you are arrested, immediately request counsel, and then shut the hell up.
You can tell the cops who you are, where you live, and when you were born. But if they ask you stupid questions like "just tell us what happened?" say, "with all due respect, I am requesting counsel be provided me prior to any more questioning." Then, shut the hell up.

The police are not your friends when you are arrested. Remember that, because the ass you save may be your own.
Your thoughts?

FRANK AGNELLO DRUG ARREST

2006-11-28T14:07:00.000-05:00

It is incredible how the press makes errors, and other media just incorporate those errors in their "reporting." I am Frank's attorney, and to set the record straight, no drugs were found on his person, and he will be pleading not guilty. This nonsense about "morphine" and "large quantities of drugs for personal use" being found, is just that--nonsense. Every defendant, every accused who is covered in the mantle of the presumption of innocence, deserves better from the press. This sixteen year old is being victimized in the media because of his name. That is inelegant, that is unfair, and that is typical of today's journalism.

NEW YORK DIVORCE LAW--GROUNDS

2006-09-18T14:21:00.000-04:00

Well, they've been talking about getting true no-fault divorce in NY for years, but it's still the same old Domestic Relations Law Section 170 crap. Marriage creates a set of property rights. There are no limited "Grounds" for marriage, why should there be for divorce, which interprets and divides those property rights? The closest thing we have is the conversion divorce grounds of a separation agreement in force and effect for more than one year. If Dick hates Jane why can't he just go to court and say "I hate Jane, Your Honor, now divvy up our stuff, deal with custody and visitation, child support and all of the important issues--don't bother your black robed little self about why I hate the bitch."?
It's still that old time religion in our statutes, and it's about time we threw out that baby with the bilge water. What are your thoughts?
For NY Law and Forms, and much more get thee to:
http://justiceneversleeps.net

NEW YORK DIVORCE-Homemaker Contribution

2006-06-14T10:14:00.000-04:00

After doing matrimonial law for 25 years, I'm getting kind of sick of this "homemaker contribution" being taken for granted--presumed, assumed, and unanalyzed. Sure, you work as chief cook and bottle washer, baby sitter etc., that certainly has a monetary value, and should be considered in an equitable distribution award, but what about the lousy cooks, the sloppy housekeepers, the crummy mother? Should she get the same percentage of an award as someone who performed these duties impeccably? Just try and attack homemaker contributions in court--lot'sa luck. But if we are to really achieve fairness in divorce court (HA!) There should be an inquiry into the effectiveness of that homemaker contribution, prior to the pot being divvied up.
Let me know your thoughts on this one, gentle reader.
For New York Law and Free official court forms go to http://justiceneversleeps.net

NEW YORK DIVORCE-Net Worth Statements

2006-06-02T14:59:00.000-04:00

Perhaps some of the best--and worst--creative writing is done by parties to a divorce on their Net Worth Statements. This "creativity" can come back to haunt a party, however, when later documentary discovery shows the Net Worth Statement to be more like a Not Worth Statement or even a Nut Worth Statement. When you are involved in a divorce, remember you are swearing to the accuracy of your Net Worth Statement. False swearing is a criminal no-no, and will not endear you to your trial judge when you are caught. If you are listing expenses that are proposed and not actually incurred, make sure that these are properly labeled as "proposed." When giving estimates note that these are estimates. If you have no friggin idea about what something is worth, you can note it "TBD" to be determined, or subject to appraisal. Then you will be able to sleep better at night, and the divorce fairy won't put a bomb under your pillow.
For NY Law and Court Forms, and much, much more go to:
http://justiceneversleeps.net

NEW YORK DIVORCE-Orders of Protection--Men

2006-05-30T17:37:00.000-04:00

A quite frequent, and quite dirty tactic used by some women in divorce proceedings,(or prior to initiating them), is to bring in the constabulary to the residence with charges of threats and abuse by the husband. Charges that are trumped up, and designed to do only one thing--get the wife exclusive occupancy of the marital residence.
So next day, the husband may find himself in family court, on what is called a "Family Offense Proceeding." He often times is offered the choice between having a hearing, or consenting to the order of protection, "without findings." "Without findings" basically means there has been no factual determination as to the truth of the allegations made against him, but he has consented to the order.
Of course, while you have the right to a hearing, you may as well know, gentlemen, that in Family Court, it is more of a "rite" than a right. They hold the hearing, and because THE GOVERNMENT IS DEATHLY AFRAID OF NOT GIVING AN ORDER OF PROTECTION AND THEN YOU KILL YOUR FAMILY, AND IT MAKES THE NEWSPAPERS, you can pretty much count on a finding being made against you.
What's the proper strategy? Nine times out of ten, I'd go with the consent order without findings. Of course, now you have to have a place to live, don't you, and your life just got more expensive. Also, you need to have the court order opportunities for you to get your things out of the house, (with the cops or some neutral third party present) so you can dress for work and pay all the new expenses you'll have. Swell huh?
For the Laws of New York, or for Official Court Forms: http://justiceneversleeps.net

NEW YORK DIVORCE Following Orders

2006-05-17T13:15:00.000-04:00

It is of great importance that parties follow court orders to the letter. Whether it is an interim order (for example a direction to provide temporary maintenance and child support) or a final order in a divorce decree, variations from the court's directives--even seemingly minimum variations--can cause a party to be held in contempt. Once, a client was ordered to maintain an insurance policy of $500,000.00 with the wife as irrevocable trustee. By innocent mistake, he had $576,000.00 in an insurance, but made the wife the beneficiary. The wife brought a contempt proceeding, and the IDIOT JUDGE assessed $5,000.00 in legal fees against the husband. Of course, this case was appealed, and the IDIOT JUDGE's decision was overturned.
The point is, do what they tell you, nothing more, nothing less.
For New York Law and Official Court Forms go to http://justiceneversleeps.net

NEW YORK DIVORCE-SERVICE OF PAPERS

2006-05-07T13:07:00.000-04:00

In New York, there is a requirement that the summons and complaint be personally served, unless otherwise ordered by the court. Now, while this has merit, it can also put a burden on the spouse trying to serve a defendant who is intentionally avoiding service. Besides incurring expenses for an unsuccessful process server, there would be the costs involved with making a motion to the court for alternative service. Perhaps legislation should be considered that would make the motion process easier in this instance, and the availability of "fill in the blank" moving affidavits at the clerk's office would be a good step in this direction. What do you think?
For NY Law and Official Court Forms go to http://justiceneversleeps.net

NEW YORK DIVORCE--STILL NEED GROUNDS

2006-05-03T14:59:00.000-04:00

Welcome to New York, the last state in the Union to require grounds for divorce--enabling government bureaucrats to have even more unecessary interference with the private lives of citizens. There is a movement afoot to change this barbaric requirement, the Bar associations and the Office of Court Administration are largely in favor of removing a "cause" requirement for divorce. Stay tuned for further developments.
For New York Law and Official Court Forms go to http://justiceneversleeps.net
Legalize freedom in America.
W. ADAM MANDELBAUM ESQ.