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Daniel J. Schuller named to the 2019 New York Rising Stars list

Daniel J. Schuller
Rated by Super Lawyers


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Hall, Ricketts, Schuller & Gurbacki, P.C., partner Daniel J. Schuller has been selected to the 2019 New York Rising Stars list. Schuller was also named to the list last year. Each year, no more than 2.5% of attorneys in the state are selected by the research team at Super Lawyers to receive this honor.

Schuller joined the firm in 2013 and was named a partner in 2015. He practices in family and matrimonial law, business formations, elder law and Medicaid and civil litigation.

Identifying all types of marital property

When couples file for divorce in New York, they may feel overwhelmed while attempting to negotiate the terms of the divorce settlement. Whether couples are creating their own settlement through mediation or going through a traditional courtroom divorce, it is necessary to divide all marital property between spouses. In order to do so, however, it is critical to know what the different types of marital property are so that people can get everything they are entitled to in the divorce settlement. 

Martial property encompasses everything that a couple has amassed during the time they are married. This includes much more than simply the family home, cars and furniture. Couples should think of the following when dividing their property:

When child support blows the budget

New York residents may pay child support after they get divorced. Sometimes these payments may take up a large portion of a person's salary and in this situation, some people may realize they can't afford to make these payments each month. When this is the case, people need to know what they can do. 

There are many reasons a person may be unable to pay child support. According to Very Well Family, a parent may have new medical costs that affect his or her ability to pay child support. Additionally, a parent may lose his or her job or have a change in income. Sometimes it may cost more to raise kids as they get older; children may need glasses or equipment for extracurricular activities, and all of these expenses can take a toll on a parent's budget. If a parent has a change in his or her financial circumstances, it may be possible to modify a child support order. 

Planning for your medical needs in the future

Have you ever thought about what will happen to you in the future if you become ill or are unable to speak for yourself? These are not pleasant things to think about, but it can be beneficial to start thinking about what types of care you may want. Through certain estate planning documents, you can outline your preferences and provide yourself and loved ones with peace of mind.

Health care issues are complicated, and you may not sure what you want. Because of the sensitive nature of these matters, you will find it beneficial to speak with legal and medical professionals about health care planning. When it comes to your body and your medical needs, you have the right to have a say in what happens. No matter your age or health status, this is a smart step.

Your child support spending may be more flexible than you think

Whether you live paycheck to paycheck or you have a disposable income, there is no doubt that receiving child support is an invaluable help in taking care of your children after a divorce. At the law offices of Hall, Ricketts, Schuller & Gurbacki, P.C., we understand that many New York parents with primary custody have questions about child support once they begin receiving the money. Can my ex tell me how to spend child support or demand receipts, you may wonder? Will the court monitor my spending? Understandably, these questions may have you concerned.

According to FindLaw, the family law courts will not keep tabs on your child support spending, nor is your ex-spouse entitled to dictate your spending or receive receipts. As you may already know, this money is meant for your children’s physical and emotional well-being. You may choose to spend the money on essentials like food, clothing and medicine. Since it is necessary to provide your children a safe and comfortable place to live, expenses such as rent and utilities are also acceptable ways to spend child support. You can also spend it on school supplies, tuition, tutoring and extracurricular activities.

How to spot an aggressive driver

New York is notorious for having angry and inpatient drivers. The truth is, more than 80% of drivers across the country admit to having road rage at some point during the last year, according to AAA. Road rage is rather common, as it is easy to become infuriated with another driver that is going too slow in front of you or who cut you off. You may be stuck in traffic while on your way to an important meeting and engage in dangerous driving behaviors in an attempt to get where you are going more quickly. It is critical that you are aware of the signs of aggressive driving so you do not engage in these behaviors and so you can report other drivers who are as they can endanger the lives of others. 

According to the National HIghway Traffic Safety Administration, more than 56% of fatal motor vehicle accidents involved road rage driving behaviors. These include the following:

How a car crash can give you catastrophic burns

At Hall Ricketts Schuller & Gurbacki PC in New York, we spend a good deal of time representing clients who have suffered catastrophic injuries as the result of a car accident. We therefore know that one such injury you could sustain is that of a catastrophic burn.

The American Burn Association sets out the following four burn types you most likely will suffer during a fiery car crash

  1. Thermal burns resulting from your skin coming into contact with the fire’s flames themselves or with an exceedingly hot interior surface of your car
  2. Scald burns resulting from your skin coming into contact with an exceedingly hot liquid such as coffee, gasoline, etc.
  3. Electrical burns resulting from your skin coming into contact with such things as one of your car’s electrical wires or a low-hanging power line
  4. Chemical burns resulting from your skin coming into contact with a caustic substance such as your car’s antifreeze, steering fluid, transmission fluid, etc.

What happens to your assets if you do not have an estate plan?

Many people feel comfortable leaving important decisions up to others. You, and many other New York residents, may feel that your loved ones are capable enough to handle your final affairs after your passing without you having to create an estate plan. Though you may have trust in their abilities, you may need to remember that your family will likely not have the final say in what happens to your estate if you do not have a plan.

Dying without an estate plan is known as dying intestate. When this happens, rather than your loved ones having the ability to follow your instructions on how to handle certain affairs, the court and state law will determine what happens to your estate. As a result, your loved ones may be at a loss.

Do I have to give my spouse half of everything?

New York law does not require that you split all of your assets in half with your spouse when you get a divorce. In fact, there are only a few states that abide by 50/50 rules. Even in these jurisdictions, your split would probably not be a simple half and half due to other legal concerns.

instead of equal, the New York property division laws are based on the theory of equitable division. That means that the value of what you receive must equate to the value of what your spouse receives, often based on your own individual contributions to the asset in question.

Can vertigo cause you to fail a sobriety test?

As someone with vertigo may tell you, it feels like the world is spinning around them and walking properly can be a bit of a chore. Unfortunately, people who have issues keeping their balance may run into problems if they are pulled over by a New York police officer on suspicion of a DUI and asked to perform a field sobriety test. For a variety of reasons, vertigo can cause a person to “fail” a sobriety test.

WebMD explains that people who suffer from vertigo find it a challenge to keep a proper balance. If you suffer from vertigo, you may feel like gravity is pulling you from your left or right. When you walk, you may tilt or sway. Your vertigo may also be accompanied by sensations of nausea, sweating, or a ringing in the ears. Some sufferers vomit and also experience headaches.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
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East Aurora, NY 14052

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