There are many reasons why hiring an attorney who specializes in family law may become a necessity. The field of family law is a broad one that encompasses many different types of cases and issues. Familiarity of these issues will help one choose the best professionals to help them.
Divorce
Divorce is a painful, stressful process, but a Staten Island family law attorney can help make the process a bit easier to handle. This professional can ensure that issues like child custody, child support and spousal support are handled in the fairest way possible. It is generally recommended that each spouse have their own attorney represent their specific interests. Sometimes children are involved in the divorce process, and they may need their own representation as well.
Prenuptial Agreements
Prenuptial agreements have become a common practice today, and for many new couples, this agreement is essential to protecting property, children and businesses. However, a prenup that is not completed or filed properly will not hold water in a court of law. For this reason, it is necessary to hire the services of a professional who will ensure that the process of a prenuptial agreement is followed to the letter, making the agreement legal and legitimate.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Showing posts with label attorney at law. Show all posts
Showing posts with label attorney at law. Show all posts
Wednesday, May 12, 2010
Monday, February 1, 2010
Divorce Lawyers Should Tell You Bad News
People who are thinking about getting a divorce say, "I want the meanest, toughest attorney I can find. I want a fighter." You should shudder and say that a fighter is the last thing anyone should want in a lawyer.
Fighter-attorneys may make a client feel good as they harass and humiliate the other spouse, but fighter-attorneys cost tons of money and they always make things worse--for both parties.
So, what are the characteristics of a good lawyer in divorce cases?
First, the hallmark of a good lawyer is that he or she will tell a client things the client does not want to hear. A good lawyer gives clients bad news.
In divorce cases there is always a good deal of bad news to be given.
--There will not be enough money to maintain the standard of living the family is used to.
--Often the family residence will have to be sold.
--Each parent will spend less time with the children because there will be a second home in which the children will spend time.
--The children may begin to misbehave or do poorly in school or exhibit other unfortunate problems, which will consume more time, energy and possibly money to pay counselors to try to solve.
The list of bad news goes on and on. The fighter-attorney fails to warn the client--allows, or even encourages, the client to hold on to unrealistic expectations. The good lawyer does not.
Clients sometimes say to a lawyer who tells them what they do not want to hear, "Whose side are you on anyway?" But a good lawyer is on the client's side when they explain reality.
Another sign of good lawyers is that they get along with one another. They are courteous to one another, and they are able to trust one another. They exchange information promptly. They cooperate. Fighter-attorneys do all sorts of stuff to aggravate the other side, which may provide a perverse kind of pleasure while it is happening, but in the end, non-cooperation between lawyers generates enormous legal fees and it increases the bitter feelings between the parties which ultimately damages their lives and the lives of their children. People who hire fighter-attorneys can expect a scorched-earth result. They are often surprised to discover they themselves have to live on that scorched earth.
Divorcing couples are wise to hire lawyers who are peace-makers and problem-solvers. Look for a lawyer who has gone to the trouble of getting mediation training, and watch out for attorneys who do not tell you things you do not want to hear
Fighter-attorneys may make a client feel good as they harass and humiliate the other spouse, but fighter-attorneys cost tons of money and they always make things worse--for both parties.
So, what are the characteristics of a good lawyer in divorce cases?
First, the hallmark of a good lawyer is that he or she will tell a client things the client does not want to hear. A good lawyer gives clients bad news.
In divorce cases there is always a good deal of bad news to be given.
--There will not be enough money to maintain the standard of living the family is used to.
--Often the family residence will have to be sold.
--Each parent will spend less time with the children because there will be a second home in which the children will spend time.
--The children may begin to misbehave or do poorly in school or exhibit other unfortunate problems, which will consume more time, energy and possibly money to pay counselors to try to solve.
The list of bad news goes on and on. The fighter-attorney fails to warn the client--allows, or even encourages, the client to hold on to unrealistic expectations. The good lawyer does not.
Clients sometimes say to a lawyer who tells them what they do not want to hear, "Whose side are you on anyway?" But a good lawyer is on the client's side when they explain reality.
Another sign of good lawyers is that they get along with one another. They are courteous to one another, and they are able to trust one another. They exchange information promptly. They cooperate. Fighter-attorneys do all sorts of stuff to aggravate the other side, which may provide a perverse kind of pleasure while it is happening, but in the end, non-cooperation between lawyers generates enormous legal fees and it increases the bitter feelings between the parties which ultimately damages their lives and the lives of their children. People who hire fighter-attorneys can expect a scorched-earth result. They are often surprised to discover they themselves have to live on that scorched earth.
Divorcing couples are wise to hire lawyers who are peace-makers and problem-solvers. Look for a lawyer who has gone to the trouble of getting mediation training, and watch out for attorneys who do not tell you things you do not want to hear
How to Determine Child Support
In order to establish consistency and predictability in the amount of child support awards, the federal government mandates child support guidelines to be used by the states. The particular guidelines are different in each state. Please visit our free child support calculators.
Income
Most of the guidelines take into consideration the income of both parents. The percentage of the couple's combined income that each parent contributes helps determine the amount they will be obligated to pay in child support. Some states will base their formula on gross income, while others will use net income.
Deductions
If a parent is already paying child support or alimony from a previous situation, they will generally be allowed to deduct that amount from their income. Typically, there are two requirements to qualify for this deduction: the support payments must be court-ordered (not voluntary) and the parent must actually be making the payments. A parent is not allowed to make deductions from his or her income for the support of a subsequent spouse or children.
Childcare expense
States will usually also take into consideration the amount that the parents must spend on childcare in order to work or look for work. Some states will adjust the amount allowed for this expense to account for the federal dependant care exemption on federal income taxes. In states that provide a dependent care exemption on state income taxes, the expense may be adjusted to reflect this as well.
Healthcare expense
The child support order needs to spell out who will pay for the children's health insurance. The amount spent on health insurance is added to the basic child support order and then credited to the parent who pays it. Many states' guidelines call for a certain amount of additional support to cover out of pocket health care expenses that may be incurred. Extraordinary medical expenses will be taken into consideration as well.
Other expenses
The basic support order may also be increased to account for other unusual expenses such as special educational needs of gifted or handicapped children. The cost of visitation expenses, such as travel for the parent or child, are usually divided between the parents in proportion to their incomes. The non-custodial parent would then receive a credit for the amount of this expense that belongs to the custodial parent.
Shared Custody and Visitation
Many of the guidelines try to account for the amount of time that the children spend with each parent in determining the amount of the child support award. The more time that the children spend with the non-custodial parent, the more expenses that parent incurs to support he children. In situations where there is shared custody or extensive visitation, the amount of child support awarded will probably be less than in situations where there is sole custody and little visitation.
In a case to determine the amount of child support that should be awarded, there is a presumption that the child support guidelines provide the correct amount. However, it is possible to obtain an award that is higher or lower than the amount determined by the guidelines. This will require a judicial determination of extenuating factors that require a deviation from the guidelines.
Income
Most of the guidelines take into consideration the income of both parents. The percentage of the couple's combined income that each parent contributes helps determine the amount they will be obligated to pay in child support. Some states will base their formula on gross income, while others will use net income.
Deductions
If a parent is already paying child support or alimony from a previous situation, they will generally be allowed to deduct that amount from their income. Typically, there are two requirements to qualify for this deduction: the support payments must be court-ordered (not voluntary) and the parent must actually be making the payments. A parent is not allowed to make deductions from his or her income for the support of a subsequent spouse or children.
Childcare expense
States will usually also take into consideration the amount that the parents must spend on childcare in order to work or look for work. Some states will adjust the amount allowed for this expense to account for the federal dependant care exemption on federal income taxes. In states that provide a dependent care exemption on state income taxes, the expense may be adjusted to reflect this as well.
Healthcare expense
The child support order needs to spell out who will pay for the children's health insurance. The amount spent on health insurance is added to the basic child support order and then credited to the parent who pays it. Many states' guidelines call for a certain amount of additional support to cover out of pocket health care expenses that may be incurred. Extraordinary medical expenses will be taken into consideration as well.
Other expenses
The basic support order may also be increased to account for other unusual expenses such as special educational needs of gifted or handicapped children. The cost of visitation expenses, such as travel for the parent or child, are usually divided between the parents in proportion to their incomes. The non-custodial parent would then receive a credit for the amount of this expense that belongs to the custodial parent.
Shared Custody and Visitation
Many of the guidelines try to account for the amount of time that the children spend with each parent in determining the amount of the child support award. The more time that the children spend with the non-custodial parent, the more expenses that parent incurs to support he children. In situations where there is shared custody or extensive visitation, the amount of child support awarded will probably be less than in situations where there is sole custody and little visitation.
In a case to determine the amount of child support that should be awarded, there is a presumption that the child support guidelines provide the correct amount. However, it is possible to obtain an award that is higher or lower than the amount determined by the guidelines. This will require a judicial determination of extenuating factors that require a deviation from the guidelines.
Tuesday, November 17, 2009
Biography of Eric M. Gansberg
Eric M. Gansberg graduated Wagner College, cum laude, in 1980. He then attended Antioch School of Law, Washington D.C., obtaining a juris doctorate in 1983. Admitted to practice before the New York State and federal district courts in 1984, Mr. Gansberg is an experienced attorney. In addition to practicing law, Eric M. Gansberg has taught law and is a published author. He has also served as a Family Court hearing examiner (now support magistrate deciding complex issues of spousal support and maintenance, child support, and the issues related thereto.Current Employment Position(s):
Principal
Areas of Practice:
Child Support
Contracts
Custody & Visitation
Divorce
Education Law
Estate Planning
Family Law
Landlord/Tenant
Personal Injury -- Plaintiff
Real Estate Law
Bar Admissions:
New York, 1984
U.S. District Court Southern District of Florida Trial Bar, 1984
U.S. District Court Eastern District of New York, 1984
U.S. Supreme Court, 1988
Education:
Antioch School of Law, Washington, District of Columbia, 1983
J.D.
Wayne College, Staten Island, N.Y., US, 1983
B.A.
Major: History
Published Works:
Paralegals in NY Law, Lawyers Coop - Delaware, 1993
Eric M. Gansberg is your #1 choice for an attorney in Straten Island and New York! As you can see, he has a solid background and experience to make sure that your needs are met first and foremost! Choose the talents of Eric M. Gansberg, Attorney at Law in New York!
Tuesday, November 3, 2009
Domestic Abuse Law with Eric M. Gansberg, Attorney at Law
In New York, domestic violence or domestic abuse includes physical abuse, mental abuse, and emotional abuse. These are serious crimes and need to be solved professionally.Who can be involved in domestic abuse?
Domestic abuse is a family law issue, and sometimes a criminal law issue, involving anyone who is a family or household member. Domestic abuse is a serious situation and needs to be handled by somebody who is both knowledgeable and compassionate.
What can be done?
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
Real Estate Law with Eric. M Gansberg, Attorney at Law
They handle all aspects of a residential real estate transaction. No matter the issue, if it has real estate in it's name Eirc M. Gansberg knows how to play the game.Some real estate aspects that Eric M. Gansberg has considerable experience in is the following:
- Real estate closing - including title work
- Real Estate Financing and Refinancing - including assistance with reviewing and understanding loan documents, exploring and explaining options that may be available, and reviewing and explaining home equity loan documentation
- Real Estate Disputes including litigation or dispute resolution
Handling real estate matters on your own can often be complex and intimidating. In order to have your needs met most effectively, contacting Eric M. Gansberg for representation will ensure total quality care overall, as opposed to doing it alone.
Trust your case to their staff at the office of Eric M. Gansberg, Attorney at Law. They have been confidently handling a variety of real estate matters since 1984 and can utilize their experience in seeking a resolution to your case. They possess the most current information and state-of-the-art technology that aid them in pursuing your case. Their firm takes the time to tailor the representation we provide to suit your individual needs.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change. If you need help with real estate law now, don't hesitate! Contact Eric Gansberg today!
Child Support Law with Eric M. Gansberg
In New York, child support is based on a formula for the first $80,000.00 of combined parental income. The payment and receipt of spousal support are factors. Child support includes childcare costs, medical and healthcare costs, and educational costs (which may include paying for college). Child support is paid by the parent who does not have sole custody and is usually a constant payment until the child turns 21 or a mutual agreement between both aprties.In addition, child support may terminate prior to a child a turning twenty-one for a number of reasons, including the following:
-Marriage (of the child)
-Military service
-Employed and self-supporting
-Residing on his or her own
-Change of custody
It is important to have knowledgeable legal representation for issues regarding child support. Child care payments have many variables affecting it and you need an informed attorney with experience to make sure your needs are met first.
Knowledgeable New York Child Support Lawyer
Eric M. Gansberg has been assisting parents with child support issues for over twenty years. Eric Gansberg has taught classes and written a book for legal professionals that discuss child support issues. In addition, he is a former Family Court Support Magistrate Judge. His specialty revolves around bringing families together to help solve their differences in order to make life easier for everybody, although they will fight if need be to make sure your needs are met first.
They also handle issues related to child support, including the following:
-Child support enforcement matters
-Modifications to court ordered child support
-Negotiating and drafting child support agreements
Eric M. Gansberg Attorney at Law
In 1984, Eric M. Gansberg, Attorney at Law, began a legal practice that has been committed to representing their clients in their family law issues. Their goal is to resolve your matters amicably. Though a peaceful and friendly resolution is always the best solution, Eric M. Gansberg will work quickly and effectively to have your needs met first in the event of indifferences.
They are committed to their clients. They identify the relevant law and explain how it applies to each case. They explain to you all of your rights and the what and how they will make sure your needs are met first.
They offer services for the following:
-Child Support
-Custody Visitation & Parenting Time
-Divorce Annulment & Legal Separation
-Domestic Violence & Abuse
-Elder Law
-Equitable Distribution of Marital Property
-Family Law
-Living Wills and Healthcare Proxy
-Mortgage & Refinancing
-Post-Divorce Modifications
-Prenuptial & Postnuptial Agreements
-Purchase and Sales Agreements
-Real Estate Law
-Spousal Support & Maintenance
-Wills Trusts & Estate Planning
Client focus is the priority of their practice. The compassion they show to their clients and the fact they get to know them on a personal basis helps them succeed. Let them help you begin the process of taking back control of your life. They will be there for you throughout the entire case. Please feel free to contact them if you have any questions or wish to discuss your legal matter. They offers free confidential consultations and look forward to serving you.
Eric M. Gansberg is your number one source for family law. With over 20 years of experience beneath his belt he will surely help you reach the ideal resolution for you! Why wait any longer with your family law needs? Contact Eric M. Gansberg today!
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