Case Study Spotlight: When Litigation is Best for the Wellbeing of the Child

Litigation is often seen as the last resort. However, in cases involving issues that cannot be resolved out of court, such as in a custody case where a parent is incapacitated because of mental illness or substance abuse, litigation becomes a necessity. Rubin & Rosenblum recently secured an appellate victory that serves as an example of why going to court is sometimes the right thing to do. Gayle R. Rosenblum, Esq. represented a father who was awarded sole custody of the couple’s one child. The mother appealed the Trial Court’s decision. The Appellate Division stressed that it does not like to interfere with the determinations of the Trial Court, and ultimately, the witnesses presented at [...]

By |2021-03-16T18:38:21-04:00February 15, 2019|Child Custody, Family Court|

Pets as Property: A Change of Viewpoint in the Courts

Historically, the courts have treated pets as chattel or property. While families have an obvious emotional connection to their pets, the law views them as personal property, similar to a piece of furniture. As a result, many courts will distribute the property (pet) to one party or another. In extreme cases when an agreement cannot be reached, the court will direct that the pet be sold and the money divided between parties. The Future of Pets in Divorce Recent cases indicate that the treatment of pets in divorce cases is shifting, and the courts have started to look at the issue differently. In a relatively recent case, a Manhattan judge determined that the family dog [...]

By |2021-03-16T18:39:34-04:00October 2, 2018|Family Court|

What If My Spouse Has Unreported Income?

It’s not uncommon to find that somebody who is living a $300,000-a-year lifestyle is reporting $40,000 on their income tax returns. It is a common scenario where one party in a divorce operates their own business in which certain expenses are run through the business, and/or fails to report all income on tax returns. Business owners will sometimes pay things like their car payments and cell phone bills through their business, but some people are even more brazen and charge any number of personal expenses directly through the auspices of the company they own. This can occur in any type of business or even a professional practice. In businesses where customers or clients commonly pay [...]

By |2021-03-16T18:39:34-04:00August 12, 2017|Family Court, Matrimonial Divorce Law|
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