Protecting Children’s Inheritance In A Second Marriage

Things can be complicated enough when getting married to someone with children already. What happens when you toss money into that factor? What happens when you want to protect your child’s inheritance in a second marriage? The answer is simple. Prenuptial agreement. This is necessary when protecting the intended inheritance of a child from a previous marriage.

If a spouse dies before writing a will; this can have very serious financial consequences for children of the first marriage. If the parent wants his or her child to inherit all or part of a retirement account, there must be a written waiver from their spouse in the current marriage. This is absolutely critical in protecting your child’s inheritance. “Hand-shake agreements” are usually only known between the two spouses when discussing plans to give financial priority to your children from a prior marriage. The future representative given to your surviving spouse is probably not aware of the hand-shake agreement and may disregard any prior obligations.

Without any prenuptial agreement the surviving spouse is not obligated to protect the inheritance of the children from the deceased spouse’s prior marriage. It is important for each spouse to disclose to the other and their attorneys all of their assets. This makes things much easier when a married couple wants to enter a postnuptial agreement and so there are both familiar with each other’s incomes.

Even though spouses can have a trusting and loving relationship, a prenuptial agreement can be essential to bind their legal successors without making them feel uncomfortable. Spouses have every right to protect their estate plans and inheritance of their children from a previous marriage.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

Should You Consider Mediation?

Getting a divorce can be one of the most stressful times in a person’s life. Between the finding an attorney, negotiating, going to court, the expenses and the harm it does to the family, it all seems very difficult to cope with. There is a simpler option for couples who are willing to work things out in good faith. Mediation is an excellent alternative in settling domestic disputes.

Instead of hiring an attorney for each spouse, a mediator acts as a neutral third party to listen and help negotiate for both sides. The mediator will guide the discussion, allowing for each party to explain their wants and needs and ultimately, come to a conclusion that works for both people. Using mediation, both parties can exercise greater control instead of leaving the decision up to a judge and having to pay high court fees. An added bonus is that you don’t have to have all of your personal life details on public court records.

Mediation isn’t just for couples getting a divorce, it could be for separation agreements or for business partners who are looking to go in different directions.  When both parties are getting what they want, they are more willing to follow through with their agreements and keep an amiable relationship.

Don’t make the process any harder than it has to be, consider using a mediator. It will save you a lot of time and money that you can put to better use. Mediation keeps you out of the courts and leads you to a quicker resolution, what is better than that? Consider using a mediator for your difficult life decisions.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

How Physical Therapy Can Help Sciatica

Did you know that the sciatic nerve is the largest nerve in the body? Sciatica occurs when the sciatic nerve is irritated. This is a painful condition, but it can be treated with physical therapy. Strengthening, stretching and aerobic conditioning are the main types of exercises used to help heal the pain sciatica causes. The movements of these exercises cause the exchange of nutrients and fluids in the spinal discs. The movement helps to relieve the pressure that runs from the lower spine and down the back of the thigh to the legs and feet.

There are two different types physical therapy treatments when it comes to sciatica, passive and active. To prepare the body for the necessary exercises, the passive treatments are used. This can include deep tissue massages, hot and cold therapies and ultrasound. These treatments are used for relaxation purposes. Once your body is relaxed, the active treatments can be applied.

The active treatment portion includes exercises that are fit to your health and history. The best exercises are the ones that can externally rotate the hip. Examples of exercises that do this are the Figure 4 Stretch and the Pigeon Stretch. Both of these exercises rotate the hips and give you the good stretch that you need. Your physical therapist will choose the exercise program that will best help your condition.

Common causes of sciatica include lumbar herniated disc, degenerative disc disease, isthmic spondylolisthesis, lumbar spinal stenosis, piriformis syndrome, and sacroiliac joint dysfunction. The underlying medical cause will affect what your physical therapist decides to do. Seeing a physical therapist is the best thing to do to reduce the sciatica pain you’re feeling now and to prevent future pain. Exercise and movement will help sciatica pain better than resting!

Lake Country Physical Therapy & Sportscare PC offers the very best physical therapy in Ontario County. We treat all your wants and needs with our trusted and experienced Physical Therapists and staff. To begin to feel pain and stress free, start your Physical Therapy journey today and schedule your evaluation by calling (585) 396-1400.

Business and Pension

Long Island’s Best Divorce Lawyer said this appeal stems from a decision of Supreme Court, Westchester County. In an action for divorce the Supreme Court awarded Plaintiff husband $17,348.80 representing his overpayment of child support, equitable distribution in the sum of $129,175 (which represented one-half of the annual business income from the parties’ insurance business), directed that the federal tax lien levied on the parties’ business was to be shared equally, and 50% of the value of Defendant wife’s pension from date of marriage to commencement of action. Defendant wife appealed.

Over the course of the marriage both parties “made significant contributions to the marriage.” Plaintiff had established an insurance agency and the Defendant worked for Westchester County. Plaintiff’s insurance license had been revoked in 1991, but the couple continued to obtain income from the insurance agency. A Nassau County Divorce Lawyer said because of these circumstances the Appellate Division affirmed the Supreme Court’s ruling as to the division of the income from the insurance agency, as well as the Defendant’s pension for purposes of equitable distribution.

Calculating the value of assets and what each party’s equitable share is during a divorce can be complex. The experienced divorce lawyers at Simonetti & Associates can assist you in securing your fair share.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

All You Need to Know About Alimony

What is alimony? Alimony is a legal obligation for a person to provide financial support to his or her spouse during the process of separation or divorce. Typically, the former husband would always provide financial help to his former wife in the case of a divorce or separation. However, since the 1970s, there are many women that also provide for their former husbands. Why is this information important to you? For starters, if you are going through a divorce and have children, you may run into some financial trouble without your spouse. Nevertheless, with alimony, your child will be secure with income from you and your former spouse. Therefore, the divorce will only affect you and your former spouse, not your child.

Furthermore, alimony is not the same as child support. Your attorney can explain to you how child support is money given to the custodial parent for purposes such as food, health, education and other maintenance. Although alimony is very similar to child support, it is a bit different. Alimony is when one spouse has given up earning potential in order to raise their children. As a result, the judge may grant alimony, which is treated as a taxable income. The receiving spouse is typically the one who gets taxed, and the paying spouse typically has the alimony money deducted from their gross pay.

There are many factors that are considered by the judge when granting alimony, including how long the couple has been married, how much each spouse is capable of making, the age of each spouse, the health of each spouse, and much more. Each state has different laws regarding alimony; however, most states review the length of the marriage as a major factor.

Moreover, as you can see, divorce is an extremely difficult process to understand. A divorce attorney always knows best in regards to learning these laws. Divorce is already painful to go through, but the process can be quicker and more comprehensible with a trusted attorney at your side.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

Child Custody, Why Simonetti & Associates is the Best

Going through a divorce is bad enough but the stress of arguing a custody battle is exasperating and truly upsetting. When you reach the point in your life when you’re fighting to see your kids you want the absolute best team behind you. This is not a time to go with the cheapest option or the most convenient. Simonetti & Associates are always available to you and will be there to answer all your concerns along the way. Step by step this law office will guide you in the right direction and fight as hard as possible to make sure you get what you deserve. During this very trying time in your life you need someone to back you up. Simonetti and Associates are your team!

For over 25 years Simonetti & Associates have been helping families in crisis. Unfortunately, New York does not favor joint custody. Leaving the two parents to hopefully decide for themselves the future of their children but more often than not this ends up in a bitter and expensive battle. We take a realistic approach with our clients and will keep you informed ahead of time of the expenses you are likely to receive.

We have a vast experience dealing with custody battles and will walk with you every step of the way whether discussing which types of custody are available and explaining to you how the court determines who gets custody. Don’t go it alone. let us help you. Trust Long Island’s Best to handle your divorce and custody battle. Our knowledge and first hand years of experience at Simonetti and associates will have your back.

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459

Legal Separation in New York

An alternative to filing for divorce is a legal separation. A legal separation is an option when the spouses do not want to file for divorce, but wish to no longer live together. Many of the issues that can be settled in a divorce can be settled in a legal separation. However, the parties are still legally married and not legally able to remarry. New York allows spouses to enter into a Separation Agreement. This agreement is a legally enforceable contract between the parties which addresses spousal support, child custody, visitation rights, and the division of marital property. If the parties wish to later divorce “it may be included in the divorce judgment.” Once the agreement is signed by both parties in front of a notary the legal date of separation begins. The agreement is then “filed with the Clerk of the County in New York where either spouse lives.” Once a year has passed and the “separation agreement terms were substantially followed,”either party may file for a no-fault divorce.

However, a separation may be granted for one or more of the following grounds: adultery, abandonment, imprisonment for three or more consecutive years, neglect of and failure to provide support for wife, or cruel and inhuman treatment. The Supreme Court of the State of New York may also grant a Judgment of Separation based on the same grounds listed above.

If contemplating a legal separation seek out the advice of the experienced Family Law attorneys at Simonetti & Associates.

Reference: New York Legal Separation (available at

http://www.divorcesource.com/ds/newyork/new-york-legal-separation-5333.shtml)

Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (888) 429-4459