Guttman Law Group LLP

Covid 19 and Divorce Covid 19 is putting stress on marriages as a result of the quarantine. Couples do not have the social options that existed prior to the pandemic. For Husbands and Wives quarantine means a new life style where they are physically in close proximity under the same roof, without relief, together almost 24/7. We have been receiving calls from unhappy spouses wanting to know his or her options concerning a divorce or separation. A common question is who get...s the kids? The following may be helpful for those people domiciled in New York State How is custody determined? The standard for determining custody is what is in the Best Interest of the Children? In determining Best interest the Court should be gender neutral. Joint custody is generally not awarded unless the parties can agree. Siblings should not be separated without good reason. Custody should not be changed without proof of a substantial change in circumstances. Once the above is addressed the Court will examine the following (only a partial list): Which parent is the primary caregiver. Who puts the kids on the bus, helps with homework, takes kids to doctor, takes kids to extracurricular activities, goes to school for conferences, speaks with teachers, etc Who has a greater psychological bond with the children Parents work schedule. This generally favors teachers and those parents who work from home Mental Health and physical ability of the parents to take care of the children What existed immediately prior to the commencement of the divorce Action. What type of behavior were the children exposed to including discipline, Substance and alcohol abuse Religion Child’s preference Which parent is better able to promote children’s relationship and contact with other parent Domestic Violence False or subsequently determined to be Unfounded CPS Reports, Police reports, allegations against the other parent. We are available to answer your questions. We are in our offices and can be reached at 631-777-3900. We can also be reached by mobile at 516-375-1100 or email [email protected].

CHILD SUPPORT - New York Parents in NY have a duty to support their Children until the earlier of emancipation or age of 21. With divorced parents the non-residential is obligated to pay the Residential Parent (the parent with whom the child resides) Child Support in accordance with the New York Child Support Standards Act. The statutory Child Support % is as follows: 1 Child 17%... 2 Children 25% 3 Children 29% 4 Children 31% 5 0r more Children 35% It is very important that if the parties enter into an agreement that it provides for a reduction in Child Support upon the emancipation of each Child. It is also important that the agreement provide a college room and board credit to be applied to the child support obligation. Bruce H. Guttman, Esq Melville, New York (o) 631-777-3900. (c) 516-375-1100

CHILD SUPPORT DIVORCE - New York Parents in NY have a duty to support their Children until the earlier of emancipation or age of 21. With divorced parents the non-residential is obligated to pay the Residential Parent (the parent with whom the child resides) Child Support in accordance with the New York Child Support Standards Act. The statutory Child Support % is as follows: 1 Child 17%... 2 Children 25% 3 Children 29% 4 Children 31% 5 0r more Children 35% It is very important that if the parties enter into an agreement that it provides for a reduction in Child Support upon the emancipation of each Child. It is also important that the agreement provide a college room and board credit to be applied to the child support obligation. Bruce H. Guttman, Esq Melville, New York (o) 631-777-3900. (c) 516-375-1100

CHILD SUPPORT - New York Parents in NY have a duty and legal obligation to support their Children until the earlier of emancipation or age of 21. With divorced parents the non-residential is obligated to pay the Residential Parent (the parent with whom the child resides) Child Support in accordance with the New York Child Support Standards Act. The statutory Child Support % is as follows: 1 Child 17%... 2 Children 25% 3 Children 29% 4 Children 31% 5 0r more Children 35% It is very important that if the parties enter into an agreement that it provides for a reduction in Child Support upon the emancipation of each Child. It is also important that the agreement provide a college room and board credit to be applied to the child support obligation. Bruce H. Guttman, Esq Melville, New York (o) 631-777-3900. (c) 516-375-1100

We are optimistic about everything especially the future. People from future generations will one day ask what was it like in 2020. Did the world really quarantine? And you all will be able to tell Your kids and grand kids etc. about something so enormous and world moving unlike anything the world had previously seen. I see it as a great opportunity for people to come together and put people before politics and humanity before greed.

Automatic Orders in Matrimonial Action prevent Annuitant from threatening Early Retirement during the pendency of the Divorce Action. Know your rights. You are entitled to quality representation.

SPOUSAL MAINTENANCE and NEW TAX LAWS Under the current law, Child Support has not changed and is NOT scheduled to change in 2019. Child Support is not tax deductible to the payor spouse and is not tax includable as income for the payee spouse. The new tax legislation changes IRS/ Federal Tax treatment of Spousal Maintenance beginning in 2019. Basically Spousal Maintenance has been a tax deduction to the payor spouse and income includable to the payee spouse. This changed with... the new Federal Tax Legislation and applies to Spouse Maintenance commencing in 2019 so that the payor spouse does not get a deduction and the payee spouse does not have to include Spousal Maintenance as Income. The monied spouse by NY law is required to pay Spousal Maintenance. It is in the monied spouse’s best financial interest to enter into an Agreement requiring commencement of payment of Spousal Maintenance in 2018. Speak With Your Tax Advisor. This post is not intended to serve as accounting advice. Please discuss this matter with your tax advisor. BRUCE H. GUTTMAN, Esq. The GUTTMAN Law Group LLP. Attorneys At Law 555 BROADHOLLOW ROAD SUITE 102 MELVILLE, NY 11747 TEL: 631-777-3900 FAX: 631-777-3907 e-mail: [email protected]

New Tax Legislation Impacts Spousal MaintenanceNew Tax Legislation Impacts Spousal Maintenance

Women continue to change the world. There are many women who are members of the bench and bar. They are proven to be formidable adversaries in the legal arena. Women do not have to give up careers to raise a family. Despite laws designed to protect the non-monied spouse, the non-monied spouse is too often the victim during divorce. The Guttman Law Group - We fight for you by helping you fight for yourselves. Call us at 631-777-3900 or email Bruce Guttman at www. Guttman law group.com. Share us on Facebook. Like us

Based strictly on personal observations People who fall out of love after long term relationships are either: 1) Option Seekers or 2) Option Takers

One of the factors used by the New York Courts to determine custody is which parent is better able to a foster a relationship between the Custodial / Non-Residential parent and the child. A parent’s noncooperation, legally, is grounds for reversal of the custodial arrangement.

Returning soldiers don’t stand a chance after multiple tours of duty in combat zones. If deployment is part of our system then multiple deployments in combat zones should not be allowed. As a former soldier I support our Veterans and provide legal service for those with Family Law issues, including divorce. We have first hand experience with the devastation of combat deployment. The divorce rate is considerably higher than that of the general population. That statistic is further refined to show that returning female soldiers are much more likely to divorce than their male counterparts. The suicide and drug addiction rates are alarming. Our returning soldiers need our support.

COUNTERACT PARENTAL ALIENATION: I find that the attempted alienator will attempt to build on a small truth by convincing the child's attorney and the Court that he or she is the more credible and more reliable parent. These people do however make mistakes. There are flaws and subtle inconsistencies in their recounting of the "facts" which must be exposed to the Court. Unfortunately justice comes at a price as revealing the depravity of the alienator requires the skill and ...experience of a family law litigator who is capable of handling Parental Alienation allegations and the knowledge and help of skilled forensics to assist the attorney. Forensics is vital in most alienation defenses. The Defence and subsequent offense is likened to building a brick wall, one brick at a time. The bricks include exposing the lies of the alienator as told to the Court through motions, orders to show cause letters and phone calls to the Child's Attorney, lies to the Child's pediatrician etc. The attempted alienator must be discredited early in his or her attempt and the discreditation must me thorough, systematic and convincing. See more