If you are making a bad decision, does that automatically mean that it was not a meaningful decision? The Court in Barocas v. Barocas, 94 A.D.3d 551 (1st Dept. 2012) sure thought not. Arguing that the prenuptial agreement is unconscionable is a way to have the agreement declared invalid. In Barocas, the parties disclosed all of their assets and the …
My “Ag Gag” Law Presentation Focusing on Preventative Practices for Farms
I had the opportunity to speak on “Ag Gag” Legislation this past week before the New York State Bar Association’s Committee on Animals and the Law. My presentation focused on procedures for farms to help prevent a problem with undercover surveillance from employees. You can view my presentation below and my handout giving an overview of the laws here. [slideshare id=46222274&doc=aggag-150324092612-conversion-gate01] Share …
Save the Date: Ag Law Webinar Series at Lawline
Save the dates for several upcoming agriculture law webinars at Lawline in Lower Manhattan. I will be giving live presentations for those of you around New York City. The recordings can be viewed afterwards. Each are 1 hour presentations worth 1 Continuing Legal Education (“CLE”) credit in New York (CLE credits available in other states) Survey of Legal Issues Affecting …
NY Family Law: Child Care Costs and Child Support
Parents have an obligation to support their children. In addition to basic child support, which is determined by a formula in accordance with the Child Support Standards Act, “add-ons” are other obligated expenses provided for in New York’s Domestic Relations Law, including unreimbursed health care (DRL 240 1-b(c)(5)(v)), child care (DRL 240 1-b(c)(4)) and educational expenses (DRL 240 1-b(c)(7)). Child …
New York Family Law: What is this Notice on my Child Support Order about Incarceration?
It is standard for all Family Court Child Support Orders to have a notice telling the Respondent that failure to abide by the Order can result in incarceration, among other penalties. This is the Notice: FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT; SUSPENSION OF YOUR DRIVER’S LICESNE, STATE ISSUED PROFESSIONAL, TRADE, BUSINESS, AND …
Meet Ruth Kornegay-Baez – My Right Hand Gal
Ruth has been a legal assistant at Rincker Law, PLLC for 1.5 years – I thought it was high time that you finally meet her! Ruth holds a B.A. in English Literature from Hunter College of the City University of New York. She worked as a Word Processor at a Manhattan law firm and completed a legal proofreading course with …
Insurance: Documenting Property Losses, Before They Occur
Documenting details is important when it comes to making claims against an insurance policy, and many insurance contracts require it. Even if you experience damage that would clearly have been covered by your insurance policy, you may be out of luck if you haven’t specifically documented the existence and value of an asset to the company and you have no …
New York Family Law: Relocation of Non-Custodial Parent
A client recently asked me: what happens when the non-custodial parent wishes to relocate outside of New York City greater area? She was the custodial parent in this case. Unlike with a custodial parent wishing to relocate, the law does not require the non-custodial parent to seek permission by the court, absent a separation agreement by the parties saying otherwise. …
Umbrella Insurance
“Umbrella insurance” is a special additional coverage for liability not covered by your existing policies. The name “umbrella” improperly infers that umbrella insurance adds coverage in the “holes” of existing insurance policies; instead, umbrella insurance should be viewed as a “top hat.” It essentially raises your already existing limits and existing coverage. For example, if you have a $1 million …
Form I-864: Sponsoring Spouse’s Duty to Support
To file for a green card, the U.S. citizen must complete Form I-864, an Affidavit of Support, which is an immigration document requiring the U.S. citizen to maintain his or her foreign national spouse at or above 125% of the Federal Poverty Guidelines. Divorce does not nullify this promise of support. This is because the Affidavit of Support “serves the …