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East Aurora New York Legal Blog

When one spouse wants to keep the house

For many couples in New York, their marital home represents the heart and soul of their family. This can be especially true for people who have children as they look at their homes as a source of stability for their kids. A couple's home may also be their most valuable financial asset. These are some of the reasons that some spouses want to keep their homes when they get divorced.

When one person wants to keep the house, Money.com encourages the other spouse to proceed with caution. Without the right steps, a person could walk away with no rights to the property yet still be financially liable for it.

Issues that can place you at risk at New York intersections

Whether you've lived in New York your entire life or are one of many residents who have recently transferred here from another state, you no doubt can relate to traveling on busy roadways when commuting to and from work or simply trying to run a few errands in your spare time. Intersections, in fact, are one of the most dangerous types of road areas throughout the state.

If you approach an intersection without regard for your immediate surroundings, you greatly increase the chances that you will be involved in a collision and possibly suffer serious injuries. However, just because you pay close attention and adhere to all traffic laws and safety regulations doesn't necessarily mean you will be 100% safe at a New York intersection because, chances are, there might be a distracted or reckless driver nearby.

How New York determines the “best interests of the child”

When you divorce your New York spouse and the two of you share a child, you will undoubtedly need to work through child custody issues and figure out an arrangement that best serves your child’s needs. At Hall, Ricketts, Schuller & Gurbacki, P.C., we understand that the court system will consider the “best interests of the child” before making child custody-related decisions, and we have helped many clients navigate these and other family law-related issues.

According to the New York State Unified Court System, courts will consider a range of different factors when working to determine a child’s best interests. While these factors may vary to some extent based on the child’s age, most courts will review the same general areas when making their determinations. A court will, for example, typically consider the ability of each parent or person seeking custody to provide a stable home environment for the child at the center of the proceedings. If, say, one parent is prone to leaving for extended periods of time while the other parent maintains a consistent presence at home, this could factor into child custody decisions.

Flu season and safe driving

During the fall months, many parts of the country experience cooler temperatures and various transitions occur, such as kids going back to school. However, the fall and winter months can be very difficult when it comes to the flu and other contagious illnesses (including the common cold). Being sick can disrupt someone’s life in a lot of different ways, but it can also lead to other problems that may be far more serious—such as a motor vehicle collision. In this post, we will look at the different ways that the flu can cause a driver to crash.

In and of itself, the flu can affect driving abilities in many ways. Those who fall ill with influenza may have terrible symptoms that significantly impair their ability to drive safely. Headaches, runny noses, fevers and many other symptoms associated with various illnesses can make life unbearable and prevent drivers from behaving appropriately on the road.

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:

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

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