Author's articles
Temporary Orders For Support In Divorce Cases
By David Siegel · 16 years ago
A petition for dissolution has been filed with the clerk of the circuit court. A summons has issued against the spouse and it has in fact, been properly served. From that point, the respondent has ...
Divorce Law New York (Attorney's Fees)
By David Siegel · 16 years ago
It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless ...
New York Divorce & Family Law
By David Siegel · 16 years ago
The award of attorney fees and the amount to be paid by the parties is within the discretion of the trial court and will not be disturbed absent a clear showing of an abuse of ...
Divorce and Family Law Case Update
By David Siegel · 16 years ago
Cost of Living Increase
Evidence presented to the trial court indicated that the cost of supporting a child had substantially increased and that defendant's income had substantially increased so as to enable him to pay ...
Family Law Case Updater
By David Siegel · 16 years ago
Change in Circumstances
The uncontroverted evidence was such that the child support order should have been reduced or modified to reflect respondent's financial resources which at best could have been described as limited. In order ...
Family Law Case Update
By David Siegel · 16 years ago
Where no benefit accrued to the custodial parent by the noncustodial parent's action of reducing the received child support, and it could not be concluded that the payor's actions were the result of apparent or ...
The Importance of Schedule F
By David Siegel · 16 years ago
Schedule F is the schedule whereby a debtor lists all of his unsecured creditors. This can be anything from a credit card obligation to a medical bill to just about anything in between. Every creditor ...
Limiting The Automatic Stay, Not Very Limiting
By David Siegel · 16 years ago
Some ideas which sound good in theory, do not measure up in practicality. For example, take one of the most significant changes to the bankruptcy code which became effective a little more than two years ...
A Bankruptcy Attorney's Perspective
By David Siegel · 16 years ago
One of the most rewarding things about being a bankruptcy attorney is the ability to help people. I am really not interested in how people got into debt. That fact really doesn't matter to me. ...
Keeping a car with Chapter 7
By David Siegel · 16 years ago
People love their cars. They would give up just about everything they have, as long as they don't have to give up their car. One of the great things about Chapter 7 is that a ...
Divorcing in New York is not Simple
By David Siegel · 16 years ago
New York State is not one of the states that allows a no-fault divorce. In other words, to obtain a divorce in the state of New York, there must be proven grounds for the dissolution. ...
Contested Versus Uncontested Cases
By David Siegel · 16 years ago
It amazes me that so many potential clients do not know the difference between contested and uncontested cases. For example, many who call my office believe that a case is uncontested simply because both parties ...
What To Expect At The Final Divorce Court Date
By David Siegel · 16 years ago
The final date before the Judge in a divorce case is often referred to as the prove-up date. It is where a recitation, including testimony of the petitioner, is presented before the court. It is ...
Modifying and Terminating Support Provisions
By David Siegel · 16 years ago
The most common way to modify and terminate support is to show that there has been a substantial change in circumstances. The person seeking modification has the burden of demonstrating that there in fact has ...
Removing a Child to another Jurisdiction after a Divorce
By David Siegel · 16 years ago
A court can grant leave or permission to a person who has custody of a minor child to remove the minor child from the current jurisdiction to live in another jurisdiction. The determining factor on ...
What Happens at the Chapter 7 Court Date?
By David Siegel · 16 years ago
Shortly after your Chapter 7 bankruptcy case is filed, the Clerk of the U.S. Bankruptcy Court will send notice of your filing to all parties and creditors listed on your bankruptcy petition. The clerk will ...
What is the Role of the Chapter 7 Trustee?
By David Siegel · 17 years ago
Once a Chapter 7 bankruptcy case is filed, an impartial case trustee is appointed by the office of the United States Trustee. (In Alabama and North Carolina, the trustee is appointed by the court). The ...
Custody Disputes Produce Few Winners
By David Siegel · 17 years ago
Undergoing a custody battle should be an act of last resort. The end result usually produces two losers and no winners. It should only be attempted if children are being subject to physical or psychological ...
What Does It Mean To Handle Your Divorce Pro Se?
By David Siegel · 17 years ago
Simply stated, to handle your divorce pro se, is to represent yourself throughout the proceedings without the assistance of a lawyer. You are, in fact, your own lawyer, representing yourself.
The expense of divorce is ...
Bankruptcy Alternatives
By David Siegel · 17 years ago
BEFORE YOU DECIDE TO FILE, THINK ABOUT THE ALTERNATIVES TO BANKRUPTCY
Bankruptcy should be the last resort to getting out of debt. It will stay on your credit report for up to 10 years, guaranteeing ...