Many say that in this day and age, marriage is a flawed institution that leads to the coming together of two unequal beings with different destinies that lead to the altar. The institution of marriage has survived over centuries and as human beings, do not know any better and have codified a set of laws to protect the rights of each partner involved. But when the couple heads for a split, the balance often tilts in the favor of one partner. And that’s where our expertise kicks in, do not lose control of a life-altering court proceeding.
Get The Closure You Deserve
Quite often, both partners begin to feel heartbroken and vow to NEVER to marry again. At Law Offices of Mindin & Mindin, P.C. we understand these concerns and help close one chapter and start a new life again with complete peace of mind. When cracks begin to appear in a relationship, shouting matches become common and all kinds of unjustified allegations are leveled against both partners. Our Manhattan family law attorneys advice against getting swayed by sentiments and suggest our clients to retain their calm as anger and frustration can make things worse for everyone.
Our NYC Divorce Attorneys WILL HELP YOU REACH an Amicable Separation WITH YOUR SPOUSE
Two people who have lived their lives together and have invested heavily in the relationship now find themselves on a collision course and its best to avoid a head-on collision as that will make things even messier. Our New York Family Law Attorneys advice against meeting your partner face-to-face or entertaining any kind of calls or emails as that makes the work tougher for attorneys who are working for your best interests in order to secure an amicable settlement.
THE MOST IMPORTANT! The Kids: Child Custody and Child Support
Child custody has been a hot button issue, all across the globe and jurists have a tough time interpreting the law with respect to the circumstances that are presented before them.
- Our team of child custody lawyers will ensure that you get the custody of your kids without delay and the law is followed both in letter and spirit. Your children may have a tough time understanding that their father/mother will no longer be with them; which is exactly why you need experienced child custody attorneys who can create the best environment possible for your child/children.
- Being at a very impressionable age, they do not have the mental toughness to see the past ending to a new beginning. They would want to maintain the status quo at any cost and that’s where your patience and clear communication with your kids will come into the picture.
Asset Control and Equitable Distribution
This is another complex issue where expertise is needed. We will handle your martial property disputes, we will ensure that all real and personal property, retirement, business assets, investments, and even professional licenses are examined by the court for fair distribution. We will strongly defend any impropriety in the division of assets and prepare the ground for equitable distribution. Issues of asset control are hard and your future depends on it. But you can make it easy by choosing the right divorce attorneys. What sets Law Offices of Mindin & Mindin, P.C. apart from all these other attorneys clamoring for your business is that we are available on the phone round the clock to discuss your matter at any time of the day or night.
Our Area of Expertise in New York’s Family Law
New York family law is complex, we can assist you with:
- Contested and Uncontested
- Child custody
- Spousal maintenance and child support
- Property division
- Domestic violence and abuse
- OCFS Child Abuse Hearings
- Support Modifications
- Prenuptial and Postnuptial Agreements
- Orders of Protection
Moreover, our expertise extends to same sex divorces, fault divorces, contested and uncontested divorces.
We have Brooklyn family lawyers who are experts at both collaborative divorces and mediation as well as those that are bound for the court-room. Our area of operation extends to Queens, Bronx, Manhattan and Brooklyn.
Gay and Lesbian Marriages
With the Supreme Court's 2015 decision, gay and lesbian marriages in a multicultural city like New York have received judicial sanction. We assist in preparing all the legal documents that would help grant benefits for legal and civil marriages of gay couples. Divorce is a probability in such marriages and our New York Family Attorneys work actively with the members of the lesbian and gay community to arrange for an amicable gay divorce.
Contact us today for a FREE consultation.
What is a Marital Agreement?
A marital agreement is a legally binding agreement entered into before or during a legal marriage.
Do I Need an Agreement For My Marriage?
If you intend to get married, or are already married, then you might need a marital agreement to protect your assets.
Why Get a Marital Agreement?
The main reason why many couples decide to draft marital agreements is to protect their interests in property and family from the uncertainties associated with death or divorce. In the absence of a marital agreement, the distribution of a couple’s assets may be dictated by state laws that don’t necessarily serve the couple’s best interests, so drafting an agreement before (known as a prenuptial agreement) or during a legal marriage can serve to protect the couple and their family from the expenses and uncertainty of potential legal proceedings.
What If You Already Have a Marital Agreement With Your Spouse?
Even if you have already drafted and signed an agreement with your current spouse, you should consider having it reviewed by a qualified attorney. As the circumstances of a marriage evolve over time, the spirit and letter of the original marriage agreement may be forgotten or misunderstood. In order to keep your marital agreement legally valid, you should consider reviewing and updating it periodically or when a significant financial or emotional change occurs within the context of the marriage.
How Do I Obtain a Marital Agreement?
The most important thing you will need in order to obtain a legally binding marital agreement is the consent of your spouse. Without their consent, the contract does not technically exist and is therefore not enforceable. And although verbal contracts are legally binding, they are often times hard to prove in court, so it is important that you put down any agreement in writing and have it recognized by an official entity of some sort, usually someone with the authority to notarize documents. It is important, however, that you consult a qualified attorney before attempting to draft a marital agreement. Without the knowledge and expertise of an attorney, the chances of drafting a legally valid marital agreement drop considerably. Once you and your spouse have discussed the details of a possible marital agreement, you should consult an attorney who specializes in family law and has relevant experience drafting marital agreements in the state where you intend to get married or are already married.
SHOULD I HAVE MY MARITAL AGREEMENT REVIEWED BY AN ATTORNEY?
The answer is YES. You are signing a very important document that could result in you surrendering certain rights. Most states require both parties to have the opportunity for their marital (especially pre-marital) agreements to be reviewed with an experienced attorney. It may seem like a formality to you but do not allow hidden language or someone else's word have a negative effect on your future. Call 888-501-3292 to have your agreement reviewed by one of our licensed New York, New Jersey or Florida State attorneys.
Call 888-501-3292 to schedule a free consultation about child support petitions, arrears, wage garnishment and support enforcement. Let one of our attorneys help you today.
Child Support in NYC
As any New York child support attorney can tell you, one of the most crucial components of any family law case involving children, aside from visitation, is that of financially supporting the children. Support is the court-ordered financial maintenance of a child. Child support laws legally obligate a parent to support their child whether or not they have custody of them and apply equally to children born in or out of wedlock. Generally speaking, a parent is obligated to support their child until they turn eighteen years of age, though exceptions do apply. While settlement agreements are acceptable to the courts that involve lump sum payments, child support is an ordered maintenance of support that can be revisited when changes in income or circumstance occur. Most parents want to see that their children are well-taken care of in the divorce and will work closely with their partner to ensure that the child or children’s needs are met fully. However, it often happens that there will be situations where one party disagrees with the amount that it takes to raise the child and provide for his or her needs, and in these cases the court uses legal statutes as a basis for deciding the maintenance amount required for that child or children in the home. New York child support lawyers can go over your finances with you and help you figure out what the child support payments would be like using NYC calculations.
Child Support in New York
After the Federal government passed the Family Support Act of 1988, states in the US were required to establish and apply uniform child support guidelines for the determination of child support payments throughout their jurisdiction. These guidelines (which are actually obligations) help courts calculate monthly support payments, among other things. Throughout the states, three methods of calculation are generally utilized. These are:
1. The income shares model: combines the income of both parents and allots a fixed percentage of that income, divided equally between both parents, to the financial maintenance of the children.
2. The percentage of income model: only considers the non-custodial parents income and allots a fixed percentage of that income towards the financial maintenance of the children.
3. And the Melson forumla model: a more complex form of the income shares model that incorporates rises in either parent’s standard of living.
In many states, for instance, the following factors are taken into consideration by the court when determining NYC support payments:
- How much other income each parent receives;
- How much time each parent spends with their children (time-share);
- The actual tax filing status of each parent;
- How many children these parents have together;
- Support of children from other relationships;
- Health insurance expenses;
- Mandatory union dues;
- Mandatory retirement contributions;
- The cost of sharing daycare and uninsured health-care costs; and
- Other factors.
Looking for a Child Support Lawyer in New York?
Oftentimes, New York child support lawyers will be asked by the client to negotiate for a higher payment amount so that children may be able to enroll in activities that will enhance or better their life, such as piano lessons or a particular sports activity. While these are not specifically outlined in federal statutes the courts do take these into consideration wherever possible as in every case it is the best interest of the child, not the parent, which is considered of top importance by the court. Our child support attorneys in NYC believe that with all cases involving children a softer touch is required, and when it comes to NYC child support we try to take the acrimony out of the case by placing the child at the center of the debate and not make this about who didn’t pay what, where, or when. Lawyers in New York City know that it’s not necessarily the paying clients who count, but the children.
New York City child support
For all the wealth in Manhattan and the outer boroughs like Brooklyn, there are still those who play games with custody and/or support by hiding assets or relocating/moving. All too often the children in divorce cases are used as tools to punish the other parent. This is where good child support lawyers will step in and take control of the situation. Yes, we work for our clients, but when it comes to children any attorney with ethics will put aside thoughts of paychecks and work towards the best interests of the child now and in the future. The Brooklyn child support lawyers at Law Offices of Mindin & Mindin, P.C. will always work closely with our clients to make sure, first, that the child and his or her future is secured.
Contact a New York child support lawyer if you are having trouble collecting payments from your ex-spouse.
Although state laws govern the majority of these issues, over the years Federal legislators have passed Federal laws which attempt to bring uniformity and enforceability into the system. Some Federal laws, for instance, have made is easier to collect child support payments by authorizing the withholding of wages from, or the interception of tax returns for, parents who are delinquent on their support payments. It is even a Federal offense to willfully fail to pay at least $5,000 in child support. Parents who have present or pending child support issues should contact a lawyer NY who specializes in child custody disputes and enforcement.
Call us today at 888-501-3292 to see how the Law Offices of Mindin & Mindin can help you.
Contact a New York Order of Protection Lawyer at 888-501-3292 today for a Free Consultation.
During your divorce, family court proceeding as well as during a criminal case in New York, the courts have authority to issue an order of protection.
Orders of Protection are court orders issued in an effort to put a stop to abuse, harassment, stalking, or other types of violence. When your Family Law or Criminal Law case involves an Order of Protection—regardless if it’s in New York City or anywhere else in New York State, and regardless whether you’re seeking the order for your protection or are the subject of one—you’ll need the help of a New York Order of Protection Lawyer in navigating this often very emotional and complex time.
- If you are the person who is seeking to get an Order of Protection in Family Courts in any part of New York City area such as Long Island, Brooklyn, Manhattan, Queens or the Bronx, you are the petitioner.
- You are the respondent if you’re the person against whom the Order of Protection is being sought.
- The type of order of protection which will prohibit a respondent from any type of contact at all with a petitioner—from a phone call to a letter, an email, or any third-party communication—is known as a stay away order or full order of protection.
- A limited or do not harass order of protection or won’t prohibit having contact or any communication between a respondent and a petitioner. It does, however, require the respondent not to yell at, to intimidate, to threaten, or to harass the petitioner.
- A stay away order that is granted to any parties residing within the same house (or apartment) is an exclusion order (because it is going to exclude a respondent from this home). The Family Court generally does not consider it relevant which of the parties owns this home, which of their names is on a lease, who has been paying the rent or mortgage. Also irrelevant is whether you live in a New York townhouse or a Staten Island rental.
- Your final Order of Protection gets granted after the hearing. With the consent of both parties, it may also be granted without a hearing. The court may grant a temporary Order of Protection to protect the petitioner until a final order has been granted. This temporary order of protection may be granted the day an order of protection is filed—even if it is before a respondent has been served. The final order typically will be valid for at least 1 year. It can also be extended to 2 years or longer. Further, a Court finding that “aggravating circumstances” exist—possibly that a weapon was involved, for example—the Order of Protection might be good for up to five years.
- When a temporary or final order of protection is violated, in New York or in Nassau County just like elsewhere, the punishment can include jail time, by order of a Family Court Judge or if any Criminal Charges have been brought and a defendant is found guilty of criminal contempt .
At The Law Offices of Mindin & Mindin, P.C., we realize that securing an Order of Protection helps protect victims. Further, we are experienced in handling situations where you’re the respondent to an Order of Protection. Any New York Order of Protection Lawyer in our office recognizes that there may be many aspects to your Order of Protection case, to retrieving your belongings from a house you’ve been excluded from to paying the other party’s attorney’s fees. Call 888-501-3292 to meet us for free initial advice at our offices in the New York Financial District area. We will share with you our knowledge and handle your case with professionalism at an affordable rate.
New York NY ACS Defense Lawyer
Have you been found “indicated” in an ACS report? Call a ACS Defense Lawyer at 888-501-3292. Helping people from Brooklyn, Queens, Manhattan, Staten Island and the Bronx.
As your defense attorney, I will help those accused of abuse or neglect by the Administration for Children's Services (ACS). For families an indicated report made by ACS could mean aggressive ACS involvement in your family life for an extended period of time. For some licensed professionals, an indicated report will damage your reputation and cause possible loss of employment and prevent you from working around children or the elderly.
As your Attorney, you can expect the highest level of personal service on your behalf;
- I will sit down with you for a free and comprehensive consultation to get all of the details of your case. I will look at all of the information from your files and records regarding your case.
- I will request a copy of your records directly from ACS.
- I will appeal your case and request that the finding against you be changed to unfounded and that all records pertaining to the report be expunged.
- I will review the records sent to my office from ACS that serve as a basis for their initial determination.
- If necessary in your case, I will represent you as your Attorney at a Fair Hearing before an Administrative Law Judge at the Office of Children and Family Services and advocate for the dismissal of the case against you and the sealing or expunging of your records.
- If the Administrative Hearing does not go your way, I will represent you in the filing of Article 78 proceeding to appeal the Administrative determination.
Do not let ACS ruin your family life or your career. Contact Law Offices of Mindin & Mindin, P.C. for a free consultation. Let us help you today. Do not wait until it is too late. Call 888-501-3292.
New York and New Jersey Civil Litigation
It is not uncommon for individuals or businesses to find themselves involved in a legal dispute with another party. Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or arbitrators for adjudication.
For plaintiffs involved in a civil litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury. Defendants in a civil litigation matter will want to aggressively protect their rights in opposing the plaintiff’s claim.
Whether you are a plaintiff or defendant, hiring a qualified New York civil litigation attorney is crucial in achieving a successful outcome in your case.
Our civil litigation lawyers represent plaintiffs and defendants as individuals, partnerships, shareholders and corporations in the following types of cases:
Business related litigation
- Breach of contract
- Dissolution or breakup of a business
- Unfair business practices
- Business disputes
- Trade secrets
- Non-compete covenants
- Securities matters
- Breach of warranties
- Mechanics’ liens
- Employment litigation
- Promissory Note disputes
- Personal injury
- Product liability
- Medical malpractice
- Asbestos-related injuries
- Nursing home abuse and neglect
- Trust and Estate fraud or abuse
- Administrative law
- Liquor license violations
- Environmental Control Board violations
- Preliminary and permanent injunctions
Real estate and construction litigation
- Real estate litigation
- Landlord-tenant litigation
- Construction defects
- Premises liability
Our civil litigation attorneys work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, or personal dispute that is the subject of litigation. We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state courts as well as proceedings before appellate courts.
We help clients prepare their case and counsel them on steps and procedures involved. A skilled civil litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases. However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option.
When required, our civil litigation attorneys will engage and work closely with experts including investigators, accountants, economic impact analysts, and other relevant professionals.
If your legal dispute has risen to the level of civil litigation, our attorneys are ready to help. Contact us for a free consultation or call 888-501-3292.
Custody and Visitation cases are not only for those who are married. When you cannot resolve custody or visitation you have two routes you can take in New York, either through an order from the New York Family Court or through an order of the Supreme Court (usually reserved for pending or active divorces, sometimes for post-judgment matters as well).
Custody/Visitation disputes get complicated. A lot of emotion is usually involved and most likely, both you and the other parent want what is best for your children. Often times, jointly agreeing what is in your child's best interests regarding where and with whom they will live can be difficult and contentious.
When you are dealing with your child's future, you need to be confident that you are putting your best argument forward to show that the child(ren) should be with you. When working with a New York child custody and visitation lawyer from Law Offices of Mindin & Mindin, P.C., you can breathe easier knowing that you will have experienced and aggressive advocates on your side.
TYPES OF CHILD CUSTODY IN NEW YORK
Child custody, when awarded, is not a one-size-fits-all solution. There are different types of custody that can be awarded to match different needs and can be suited to match different family structures. For example, there are families where both parents are able to work together jointly, and there are others where extenuating factors, such as addiction or previous history of abuse, can cause a court to determine that one parent is unsuited for custody roles.
- Physical Custody: This is the most obvious form of custody as it deals with the physical location of the child. Parents who are granted physical custody will have the child living in their home.
- Legal Custody: This is not as obvious, but equally as important. When legal custody is awarded, it grants the parent permission to make all decisions regarding the child's upbringing - from education to religion.
- Sole Custody: In cases where one parent has a history of abuse or struggles with addiction, the court may be favorable of awarding only one parent custody while granting the other parent just visitation rights.
- Joint Custody: Children benefit from having both parents involved. Therefore, the courts prefer to award both parents custody - either legally or physically - so they can share in the responsibility of raising the child.
FACTORS TO CONSIDER IN A CHILD CUSTODY CASE DURING A DIVORCE
If you are seeking an uncontested divorce, you and your spouse must agree upon the issue of child custody. If your divorce is contested, the court will make this decision for you—in which case, you may not get the full amount of custody to which you are entitled. Child custody and visitation does not just deal with where the child lives; custody issues can deal with things such as who has authority to make decisions regarding the child.
MAKE SURE YOUR RIGHTS ARE PROTECTED
Mindin & Mindin have provided parents with the effective and aggressive legal representation that they need during any matter related to child custody, child support, visitation or divorce. We know what parents are entitled to and what a fair deal looks like, do not let the other parent's attorney try to tell you what is best for you when you need your own legal representation. Call us immediately for a consult.
If you are currently in the middle of a heated child custody battle, you are not alone, call us to help you navigate the process.
Contact us at 888-501-3292 to discuss your matter. We offer a free phone evaluation of your case and an immediate price quote of our fees.