Guttman Law Group LLP

Guttman Law Group LLP

Guttman Law Group of Melville, New York specializes in all matters pertaining to matrimonial and family law Guttman Law Group of Melville, New York specializes in all matters pertaining to matrimonial and family law.

We have over 20 years of experience assisting clients across Long Island and New York in matters of divorce settlement, spousal support, domestic violence, prenuptial agreements, property settlement, high net-worth divorces, child custody and visitation, child support and enforcement, and paternity litigation. We hold ourselves to the highest standards and are committed to providing compassionate

Operating as usual

[06/11/21]   The number one cause of divorce is money. Divorce rates continue to rise and yet people continue to get married. The solution is to learn how to manage money.
Money management should be taught in elementary school and I encourage couples contemplating commitment to plan their financial future.
Financial planning increases the probability of a successful marriage.
COUPLES have great expectations of a happy life. Those expectations of happiness can become reality to those who recognise that COUPLES is also a financial partnership. You must learn to live together, spend together and save together.
If you are fortunate to have parents who know how to plan their finances and save and spend wisely, the likelihood is that you will do the same.
Since you were never given the opportunity to pick your parents, you are now going to have to learn what you should have learned as a child. BUDGET. It is simple.
You can purchase sophisticated computer software or you can do it the old fashioned way by relying on pencil and paper. I find that pencil and paper works great.
MAKE A BUDGET.
So where do you start?
List all of your recurring monthly expenses. Be sure to include food, entertainment, cable tv, cellphone, taxes, kids, birthday parties etc. It is important that all of your expenses are written down and broken down to determine the expenses expressed as a monthly basis. For example, if you have an expense that occurs once a year, divide it by 12. If you take a vacation once a year divide that expense by 12. It is a real eye opener.
Do you know how much you spend a month?
The first step to saving is knowing where your hard earned money is going. The BUDGET is key.
The next step to gaining control of your finances is to know how much money you are taking home. You are then faced with a choice of either spending less or making more.
Credit cards are great as long as the bill is paid off in full monthly. Interest charges can be financial death and marital discord and divorce are close behind.
Have an emergency fund. Emergencies do happen.
Rome wasn’t built in a day. Don’t give up. It’s never too late. You are allowed to make mistakes.
Financial security leads to a greater chance for a happy marriage.

[08/17/20]   The Courts view marriage as an economic partnership when dividing assets. The process is known as Equitable Distribution. As a partner it is important for you to know the assets of your marriage and your share of the assets in the event of a Divorce. It is also extremely important to know the dollar cost of the daily life of the marriage. Start by completing a Statement of Net Worth. This includes your monthly expenses and income as well the assets and liabilities of husband and wife. You must be able to answer such questions as:
How is title held on your home? Be sure to examine the deed.
Where did the funds come from to purchase the Marital Home? Get a copy of the closing statement?
Does your spouse have a pension? 401(k)? 403(b) or other deferred compensation? Have you examined the most recent statement?
Do you have a copy of your most recent tax return? How much money does your spouse currently earn? It is very important that you have copies of W-2s for both you and your spouse. For the prior year.
Do either you or your spouse own your own business? Do you have copies of the business tax returns.
How much money do you and your spouse owe? Do not throw out your statements.
The above is a short list of what you will need to know to be an informed spouse. Financial communication is critical to a successful marriage and a successful divorce. It is also very important to teach this lesson, the need to be informed, to your children.

[08/05/20]   PENSIONS AND DIVORCE
One of the duties of the Divorce / Matrimonial lawyer is to protect the Pension property interests of his or her client. This right to the other spouse’s property in NEW YORK STATE, is determined under NYS Domestic Relations Law as it relates to Equitable Distribution.
There is specific case law that specifies how the Pension Marital interest is determined.
The pension plan (Plan) which is covered by Federal Law (ERISA) dictates how the pension interest of the non-participant (referred to as the Alternate Payee) may be created. There are several vehicles that are offered by the different Plans at the discretion of the Plan. Some of the vehicles include Qualified Domestic Order (QDRO), Domestic Relations Order (DRO), Shared Interest Order, just to name a few. These vehicles are submitted to the Plan for approval and then submitted to a Judge. Timing and timeliness are CRITICAL.
It is up to your lawyer to protect your interest whether you are the Participant or the Alternate Payee.
The Alternate Payee spouse pension interest must be protected. Some of the ways that this can be accomplished is by preventing the Participant from making an election that will extinguish the Alternate Payee’s interest at the time of the Participant’s death or by not allowing the Participant to take loans or take any other action to reduce the non-Participant Spouse interest. The Alternate Payee’s interest must survive the death of the Participant / Annuitant.
THIS IS A VERY TECHNICAL AREA OF MATRIMONIAL and ERISA Law. It requires the assistance of experts. The skilled Matrimonial Lawyer will bring in a pension actuarial consultant to determine the Marital portion of the pension benefit and further determine the value of this benefit for the non participant spouse (the Alternate Payee).
Protect this extremely valuable asset. Hire experienced professionals to do the job. We have the experience and expertise to answer your questions and protect you.

guttmanlawfirm.com 05/07/2020

Guttman Law Group, Long Island and suffolk Divorce Lawyers

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 gets 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].">[email protected].

guttmanlawfirm.com The Guttman Law Group, Long island Divorce Attorney. Bruce H Guttman Suffolk Divorce Lawyer

05/06/2020

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

[05/06/20]   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

[05/06/20]   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

[03/23/20]   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.

[02/06/20]   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.

[07/04/19]   Old traditions die hard. However fathers rights is not so slowly becoming a reality. First impressions with the Court are critical

[08/26/18]   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]

[08/26/18]   New Tax Legislation Impacts Spousal Maintenance

[03/27/18]   ‪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

[03/23/18]   Based strictly on personal observations
People who fall out of love after long term relationships are either:
1) Option Seekers or
2) Option Takers

[12/17/17]   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.

[10/01/17]   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 su***de and drug addiction rates are alarming. Our returning soldiers need our support.

nycourts.gov 04/23/2017

Divorce Resources

The following link will be helpful in determining the amount of Child Support and Spousal Maintenance obligation for NY residents. Contact us with any questions that you may have.
The link: http//www.nycourts.gov/divorce/child support/ CombinedWorkSheetAndAPP.PDF

nycourts.gov The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

[10/12/16]   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.

[10/08/16]   Transcripts of prior hearings and testimony taken during Discovery are important tools that we use to impeach the credibility of the testifying Witness. We do it to impeach their credibility. The element of surprise is very important. Trial strategy is strictly between lawyer and client. The strategy cannot be disclosed to even the closest of friends or relatives. DISCLOSURE = DISSEMINATION

[10/07/16]   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 assistance of skilled forensics to assist the attorney. 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.

Telephone

Address


555 Broad Hollow Rd, Ste 102
Melville, NY
11747-4415

Opening Hours

Monday 9am - 6pm
Tuesday 9am - 6pm
Wednesday 9am - 6pm
Thursday 9am - 6pm
Friday 9am - 6pm
Sunday 9am - 11:30am
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