Controversial Nassau County Long Island Divorce Decision

Posted by The Law Offices of Ian S. Mednick, P.C.

A Nassau County Matrimonial Judge has issued a long island divorce decision which brings more questions than it answers. The case involved a post judgment downward modification of child support and maintenance based off of the ex-husband's loss of employment. This application was granted and the ex-husband's child support was reduced and his maintenance arrears were vacated. His ex-wife then moved for breach of contract. The ex-husband moved for summary judgment and was denied. The Court ruled that he was still under an obligation based upon contract principles. The Court granted him a reduction in support under the Judgment of Divorce...

12 August

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Child Support and Social Security Disability for Children

Posted by The Law Offices of Ian S. Mednick, P.C.

in Child Support

Many payees of child support often wonder how a child's receipt of Social Security Disability affects their child support payments. The simple answer is that it does not. There is no reduction in a payee's child support order nor is there a waiver of any child support. Despite the fact that Social Security Disability may be used for the same expenses that child support is used for the New York Court of Appeals has ruled that the New York Child Support Standards Act does not provide for any reduction in child support based off of the child’s receipt of disability payments. In...

06 August

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Disorderly Conduct and the 2nd Departments recent decision of Cassie v. Cassie

Posted by The Law Offices of Ian S. Mednick, P.C.

in Orders of Protection

In the criminal context disorderly conduct is only that conduct which occurs in a public place and extends to a "point where it becomes a potential or immediate public problem". In the context of a Family Court Order of Protection it does not have to extend to a public problem and includes behavior "not in a public place". However it gets very tricky because the Petitioner still has to prove that the offender committed the act with intent to cause or recklessly pose a risk of causing public inconvenience, annoyance, or harm. The 2nd Dept. in Cassie v. Cassie reversed...

01 August

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How to Obtain an Order of Protection

Posted by The Law Offices of Ian S. Mednick, P.C.

in Orders of Protection

If you are being abused obtaining an Order of Protection is not a difficult task as long as it is done correctly. The first thing that you have to do is go to your local Family Court and fill out a Petition. This is the most important step in the process because if you do not meet the necessary elements for such an Order than it will either not be granted or it may simply get dismissed at the initial Court appearance. Often a temporary Order of Protection is granted but ultimately is dismissed at the initial Court appearance as the...

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Controversial Nassau County Long Island Divorce Decision

Child Support and Social Security Disability for Children

Disorderly Conduct and the 2nd Departments recent decision of Cassie v. Cassie

How to Obtain an Order of Protection

August 2013

Controversial Nassau County Long Island Divorce Decision

Child Support and Social Security Disability for Children

Disorderly Conduct and the 2nd Departments recent decision of Cassie v. Cassie

How to Obtain an Order of Protection