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    <title>Bombardo Richard J Attorney - Latest Press Releases on ReleaseWire</title>
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      <title>Post-Divorce Auction of $700 Million Art Collection Delayed Due to Covid-19 Emergency</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">It is not unusual for divorcing couples to fight over assets.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 07/07/2020 --  But what about a $700 million art collection? One of the highest-profile divorces in New York history involved just such a treasure trove.<br />
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Real estate developer Harry Macklowe and his former wife, Linda Macklowe, divorced after nearly 60 years of marriage. Their divorce trial lasted more than 3 months. A key issue was the disposition of the couple&apos;s art collection<br />
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According to artnet, the includes "a $50 million Andy Warhol Marilyn, nine works by Pablo Picasso, [and] a Jackson Pollock painting worth up to $35 million."<br />
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In December 2018, Manhattan Supreme Court Justice Laura E. Drager ordered the Macklowes to sell the entire collection and split the profits equally. Drager&apos;s order came after the Macklowes could not even agree on the value of the collection. Each party produced its own expert appraisal, but their valuations differed by over $150 million.<br />
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The Appellate Division, First Department, affirmed Drager&apos;s order last October.<br />
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A five-judge panel rejected Linda Macklowe&apos;s call to appoint a "neutral expert" to prepare a new valuation. The panel said this "would serve only to prolong this litigation between octogenarians."<br />
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Unfortunately, recent events will actually further delay the final sale of the Macklowe collection.<br />
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On March 18, 2020, the art dealer Drager appointed to conduct the sale announced he would "pause the process" of conducting the auction. Receiver Michael Findlay said due to the COVID-19 pandemic, he was not prepared to select an auction house at this time. According to artnet, the Macklowe sale may not go forward until May 2020 at the earliest.<br />
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Syracuse, New York, family law attorney Richard J. Bombardo said there are lessons in this case, even for couples who do not own one of the world&apos;s largest art collections.<br />
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"New York follows an equitable distribution rule in divorce cases. This means that a court need not divide assets on a 50-50 basis. Instead, a judge will look at a variety of factors and circumstances.<br />
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"In the Macklowe case, Judge Drager decided there was no fair way to divide the collection.<br />
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So she ordered an outright sale. This was further complicated by the Macklowes&apos; inability to agree on the collection&apos;s value. Such disagreements often arise in high-asset divorces. But it is generally in both parties&apos; interest to agree upon a valuation rather than engage in protracted litigation. This case provides a cautionary tale on this subject."</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1296069">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1296069&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Tue, 07 Jul 2020 08:00:00 -0500</pubDate>
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      <title>Bombardo Law Office, P.C. Still Open</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">The effects of the coronavirus have been felt far and wide, impacting individuals, families, businesses, the economy, the health sector, and more.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 04/06/2020 --  For those who are facing legal complications, such as family law issues, one of the unique challenges posed by the coronavirus is that it has resulted in the closure of New York&apos;s courts. Indeed, all courts in New York are currently closed expect for essential business. If you are in the midst of a family law matter, this uncertainty can be unnerving.<br />
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At the Bombardo Law Office, P.C., we want to reassure you that we are open. While we are engaging in strict social distancing measures, we are available to assist clients over the phone or online. We know that with the majority of courts closed, you may be feeling hopeless and anxious about the future.  We are still here working for you.<br />
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Get Help with the Family Law Matters Close to Your Heart<br />
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Family law issues can be extremely sensitive and emotional, and the spread of COVID-19 and the grief surrounding the disease may only compound anxieties and strong emotions related to family matters.<br />
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New York Courts are currently open for essential business. This includes:<br />
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Orders Of Protection<br />
Emergency Support Filings<br />
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Bombardo Law Office, P.C. is open to provide you with remote support during this time, and can assist with family law matters such as:<br />
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Divorce, separation agreements, understanding grounds for divorce, uncontested divorce, and no-fault divorce;<br />
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Pre-and post-nuptial agreements;<br />
Alimony and spousal support;<br />
Division of assets and debts;<br />
Marriage annulments;<br />
Child support;<br />
Child custody and visitation;<br />
Creation of parenting plans;<br />
Order of protection;<br />
Modification and enforcement of family law orders, including spousal maintenance and child custody orders;<br />
Establishing paternity;<br />
Fathers&apos; rights; and<br />
More.<br />
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If you are struggling with navigating a family law matter on your own right now, please do not hesitate to call our law firm (315)488-5544.<br />
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How We Can Help During this Difficult Time<br />
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Our team is committed to providing you with support and guidance during this difficult time. We can help you by:<br />
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Providing you with an overview of the laws related to your family law matter;<br />
Advising you on steps to take right now, such as gathering evidence, organizing documents, putting together a plan of action, etc;<br />
Refer you to other professionals we know who are still working and may be able to help you (i.e. forensic accountants, child psychologists, etc.);<br />
Draft legal documents that can be filed when courts reopen;<br />
Answer any questions that you have about your family law matter; and<br />
Serve as a resource for information and support during this difficult time.<br />
Call Bombardo Law Office, P.C. Today<br />
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If you have questions about a family law matter, don&apos;t hesitate to call our law firm or reach out to us online. Courts may be shut, except for essential business, but I am still working hard to make sure that Syracuse has the support and legal guidance needed. To learn more, please get in contact with <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Bombardo Law Office, P.C." href="https://bombardolaw.com/contact-us/">Bombardo Law Office, P.C.</a> today.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1285892">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1285892&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Mon, 06 Apr 2020 08:30:00 -0500</pubDate>
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      <title>New Yorkers Should Be Thinking About Tax Season and Alimony and Spousal Maintenance</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">New Yorkers who got divorced in 2019 or had their divorce finalized in 2020 will view tax season differently this year.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 03/31/2020 --  Indeed,  <a class="extlink"  target="_blank"  rel="nofollow noopener" title="a recent report in USA Today" href="https://www.usatoday.com/story/money/2020/02/10/taxes-2020-divorce-alimony-child-support-tax-rules-have-changed/4680569002/">a recent report in USA Today</a> emphasizes that anyone who paid or received alimony and/or spousal maintenance should be prepared. Quote Wizard recently released data showing that divorce rates rose in New York last year. To be sure, divorce rates rose by 7.69 percent in New York while the national rate dropped by 19.55 percent. Only two states saw divorce rates rise in 2019, including New York and Utah. Given that information, tax time will be particularly important to New Yorkers whose divorces included alimony. In other words, more New Yorkers will see the financial consequences of the 2017 tax overhaul this year.<br />
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The 2017 tax overhaul included a shift in alimony taxation.<br />
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Prior to the tax law changes, the spouse who paid alimony did not have to pay taxes on the amount. Instead, the spouse receiving alimony paid taxes on the money. To put it another way, the old version of the tax law benefitted the spouse who paid alimony. Although Congress passed the tax law in 2017, certain portions did not take effect until more recently. In particular, changes to the way the government taxes alimony did not take effect until 2019. Divorces granted up until December 31, 2018 used the old tax system. Differently, any divorce finalized on or after January 1, 2019 used the new system. The current tax season will be the first one where the new system of taxing alimony is in effect.<br />
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More New Yorkers filed for divorce in 2019 than they did in 2018.<br />
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Accordingly, more divorced couples may be dealing with the effects of the overhaul this year when they file their taxes. According to <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse divorce lawyer Richard J. Bombardo," href="https://www.bombardolaw.com/attorney-profile/">Syracuse divorce lawyer Richard J. Bombardo,</a> "the new tax system benefits ex-spouses who receive alimony." Indeed, Bombardo clarified, "those parties will not be taxed on alimony payments received." Instead, their exes who pay alimony will also pay income tax on that money.<br />
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At the same time, it is important to know that the tax law changes also impact retirement account transfers.<br />
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If one spouse transfers money from an IRA to the other spouse, the receiving spouse will pay taxes on it. This type of transfer is common in marital settlement agreements in New York. Rather than pay alimony, spouses can negotiate a settlement that includes the transfer of other assets in lieu of alimony. However, with the tax law changes, a marital settlement agreement might not be as beneficial for the receiving spouse.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1284983">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1284983&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Tue, 31 Mar 2020 08:30:00 -0500</pubDate>
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      <title>New York Case Addresses Oral Agreements About Spousal Maintenance</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">A recent case out of the Supreme Court of the State of New York addresses oral agreements about spousal maintenance.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 02/12/2020 --  The case, <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Matter of Makris v. Makris (2020)" href="http://nycourts.gov/reporter/3dseries/2020/2020_00139.htm">Matter of Makris v. Makris (2020)</a>, demonstrates that a court will uphold an oral agreement to terminate maintenance. Further, if a party fails to demand maintenance, that failure can constitute a ratification of the oral agreement. In Makris, the wife&apos;s failure to enforce a maintenance provision amounted to a waiver of her right to maintenance.<br />
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In the parties&apos; 1998 divorce, the court ordered the husband to pay child support and spousal maintenance to the wife.<br />
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In 2017, the husband filed a motion to terminate the spousal maintenance obligation. In that motion, the husband reported that he and his wife orally agreed to terminate the obligation back in 2001. Accordingly, the husband stopped making spousal maintenance payments in 2001. During the period between 2001 and 2017, the wife never demanded maintenance payments. To be sure, the wife did not file any petition to enforce the spousal maintenance order from 1998.<br />
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The court determined that the husband stopped making spousal maintenance payments as a result of the oral agreement.<br />
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Accordingly, the court ruled that it would uphold the oral agreement between the parties. As such, the court concluded that the wife was not eligible for unpaid maintenance payments. The court reasoned that the wife waived her right to receive maintenance. When she did not try to enforce the maintenance provision of the divorce judgment, that failure constituted a waiver. The court further reasoned that, since the wife did seek to enforce the child support provision, she knew her rights. The court ultimately concluded the wife&apos;s failure to enforce the maintenance order demonstrated her intent to uphold the oral agreement.<br />
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Syracuse spousal maintenance attorney Richard J. Bombardo discussed how this case should put other recent New York divorcees on notice.<br />
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As he explained, "in any post-divorce scenario, it is essential to avoid making an agreement without consulting a lawyer." Indeed, Bombardo underscored, "entering into an oral agreement without considering the implications can have lasting effects." It is extremely important to consider the power a person&apos;s words can have after a divorce. When spouses have a conversation and reach any type of agreement, a New York court can uphold that agreement. Accordingly, one should be careful in discussing post-divorce issues like maintenance with an ex-spouse. Doing so ultimately may constitute a legal agreement.<br />
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Contact <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Bombardo Law Office, P.C." href="https://www.bombardolaw.com/contact-us/">Bombardo Law Office, P.C.</a> today.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1276134">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1276134&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Wed, 12 Feb 2020 13:40:00 -0600</pubDate>
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      <title>High Net Worth New York Divorce Battle Will Be Resolved Through Liquidation of Nine Figure Art Collection</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">Harry Macklowe is a renowned New York City real estate investor with a multi-billion dollar net worth.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 12/27/2019 --  After 50 years of marriage, Harry and his wife Linda filed for divorce in 2016. Since then, the proceedings have dragged on—at times getting ugly. Now, <a class="extlink"  target="_blank"  rel="nofollow noopener" title="The New York Times" href="https://www.nytimes.com/2019/10/30/nyregion/harry-macklowe-divorce-art.html">The New York Times</a>, reports that Mr. Macklowe and his ex-wife Linda are set to resolve their divorce dispute by liquidating one of the world&apos;s most valuable art collections. <br />
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New York is an Equitable Distribution State<br />
Under New York law, the Macklowes&apos; marital estate is subject to equitable distribution—meaning both partners are entitled to receive their fair share of the marital assets and property. One of the primary issues that this high net worth couple ran into asks: how should an art collection be dealt with that is worth nearly $1 billion?<br />
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Complex Assets are Difficult to Value and Divide<br />
Dividing the proceeds of a bank account or an investment account may not be especially complicated—at least once it is determined who is going to get what. However, complex assets, such as art and real estate holdings, can be extremely difficult to value and divide in divorce proceedings. <br />
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As explained by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse, NY divorce lawyer Richard J. Bombardo" href="https://www.bombardolaw.com/family-law-attorney/">Syracuse, NY divorce lawyer Richard J. Bombardo</a>, "Dividing a valuable art collection is never easy. Not only are the pieces often difficult to put a precise dollar figure on, but they are also illiquid and each individual piece may derive some of its value from being included in an entire collection. In some cases, divorcing couples end up selling off their art to reach a resolution."<br />
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The Couple&apos;s Art Collection Will Be Sold Off<br />
After nearly three years of dispute, reports indicate that Harry and Linda Macklowe will be forced to sell off much of their art collection in an effort to settle their divorce case. The divorcing couple is reportedly set to appoint a famed art dealer as the receiver for their impressive collection. <br />
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In doing so, they are planning to liquidate between $700 million and $1 billion worth of total art holdings. While divorcing couples certainly do not need to liquidate art—or any other property or assets—in order to finalize their separation, liquidation of assets may eventually be necessary. In fact, a New York state judge may even order a liquidation of assets if no divorce settlement can be reached.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1269690">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1269690&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Fri, 27 Dec 2019 09:47:00 -0600</pubDate>
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      <title>New York Appeals Court Affirms Sole Custody Ruling on the Ground That Parents Cannot Effectively Communicate</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">On October 4th, 2019, the New York Appellate Division, Fourth Judicial Department denied a child custody appeal filed by a mother.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 11/06/2019 --  Thus granting a father sole legal custody and sole physical custody of the divorced couple&apos;s child. In the Matter of <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Keller v. Keller" href="https://law.justia.com/cases/new-york/appellate-division-fourth-department/2019/779-caf-18-00056.html">Keller v. Keller</a>, the New York appeals court determined that the bad relationship between the parents made joint custody a practicable impossibility. <br />
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Acrimonious Parental Relationship Made Joint Custody Infeasible<br />
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In this case, the appeals court made it very clear that the parents had an acrimonious personal relationship. In the view of the court, they simply could not effectively communicate with each other regarding the child&apos;s needs and activities. The case law in New York is clear: If a conflict between the parents makes a joint custody arrangement infeasible, then sole custody can be awarded. <br />
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Notably, in many cases, New York courts will disfavor granting sole custody to the parent who is seen to be the "problem". In other words, the parent who refuses to communicate in a positive manner or who is seemingly incapable of doing so is less likely to be the party who is granted custody of the children.  <br />
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New York Law: Best Interests of the Child Holds<br />
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Under New York law, child custody and visitation cases must be resolved using the state&apos;s best interests of the child legal standard. Through a totality of the circumstances assessment, courts will make custody and visitation decisions based on what is best for a child&apos;s physical safety, health, emotional well-being, and positive social development. In other words, the desires of the parents are always a secondary consideration. What is best for the children comes first. <br />
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Shared Custody is Preferred, But Sole Custody May Deemed Necessary <br />
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In most New York custody cases, the dispute is resolved through a joint custody or shared parenting arrangement. As by Syracuse child custody attorney <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Richard J. Bombardo," href="https://www.bombardolaw.com/family-law-attorney/child-custody/">Richard J. Bombardo,</a> "New York presumes that it is in the best interests of the child to have positive, ongoing relationships with both of their parents. As such, some form of shared custody is usually deemed to be the best for the child. However, that is a rebuttable presumption. If the court determines that one parent is incapable of caring for their child or that the parents simply cannot work together, sole custody may be awarded."<br />
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Summary: Joint custody may not be feasible if parents are not able to communicate regarding their child&apos;s needs and activities. <br />
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New York Appellate Court Denies a Parental Alienation Claim<br />
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On October 9th, 2019, the New York Appellate Division, Second Judicial Department affirmed a lower court ruling in favor of a mother in a parental alienation claim. In the case of Pandis v. Lapas, the court determined that it was appropriate to award sole custody of the children to the mother. Additionally, it denied the father&apos;s claim for relief from child support on the grounds of parental alienation. <br />
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Sole Custody Was Awarded to the Mother <br />
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The couple involved in this case had two children together—one who had just finished high school and another who was a young teenager. In reviewing the evidence, the court awarded the mother sole custody and ruled that the father owed her $3,593.75 in child support and that he was responsible for covering more than two-thirds of the "add-on" expenses—which in this case meant contributing a significant amount to the younger child&apos;s private school tuition and to the older child&apos;s college tuition.  <br />
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New York Recognizes Parental Alienation as a Serious Issue<br />
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Parental alienation is the process by which one parent—often maliciously—turns a child against the other parent. Essentially, it is a form of psychological manipulation. Of course, for obvious reasons, children are especially vulnerable to parental manipulation. With that in mind, New York courts acknowledge that parental alienation is a serious issue. <br />
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However, in this case, both a lower court and the appeals court determined that the father&apos;s parental alienation was without merit. While the court noted that the father&apos;s relationship with both children was indeed damaged, it also noted that the father&apos;s own conduct was the primary factor in causing the deterioration. Thus, parental alienation is not applicable. <br />
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Remedies for Parental Alienation Vary—May Include Termination of Child Support<br />
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The remedies for parental alienation will vary depending on the specific circumstances of the case. Often, courts will try to create a structure whereby a parent can rebuild their relationship with their children. However, that is not always possible nor is it always in the best interests of the children. To account for this, other remedies may also be available. As explained by Syracuse, NY child support lawyer Richard J. Bombardo, "One remedy to parental alienation is allowing the affected parent to obtain a reduction or termination of child support obligations. In fact, in several recent cases, New York courts have terminated child support on the grounds of parental alienation."</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1264423">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1264423&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Wed, 06 Nov 2019 12:34:00 -0600</pubDate>
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      <title>New York Governor Andrew Cuomo Signs Bill Extending the State's Driver License Suspension Program for Unpaid Child Support</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 09/11/2019 --  As the legislation has now been signed by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Governor Cuomo" href="https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-further-enforce-child-support-obligations">Governor Cuomo</a>, this program will run until at least August 31st, 2021.<br />
<br />
New York Authorities Can Identify Child Support Delinquency<br />
<br />
Many states across the country allow for the suspension of a driver&apos;s license on the grounds of unpaid child support. What makes the New York program different is that state authorities are proactive in identifying child support delinquency. In signing a bill that extends this law, Governor Cuomo noted that the program has been highly successful in enforcing child support obligations.<br />
<br />
New York Will Notify Drivers Before Suspension  <br />
<br />
Under New York law, a driver who is at risk of having their license suspended for unpaid child support will receive written notification. Among other things, the notification will explain that the person may have their license suspended in the near future and that they can rectify the issue by making child support payments.<br />
<br />
Disputes are Handled by the New York Office of Temporary and Disability Assistance (OTDA)<br />
<br />
While the Department of Motor Vehicles is the agency that has the power to suspend a driver&apos;s license, the DMV does not handle child support matters or dispute. Instead, the DMV simply follows guidance from the OTDA. As explained by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse, NY child support lawyer Richard J. Bombardo" href="http://www.bombardolaw.com/">Syracuse, NY child support lawyer Richard J. Bombardo</a>, "New York drivers who are subject to a license suspension for unpaid child support must address any issues with their local child support agency or with the OTDA directly. These are the agencies that determine whether or not a parent is &apos;delinquent&apos; in their child support obligation. For parents who cannot make payments due to their financial circumstances, there may be options available to avoid any suspension."<br />
<br />
Restricted Driver&apos;s Licenses May Be Available for Affected Parents<br />
<br />
Under New York law, a parent who has had their driving privileges suspended for unpaid child support may be eligible to obtain a temporary, hardship license while the matter is being resolved. In general, these licenses can only be used for a limited purpose. As an example, a New York driver who has had their license suspended for past due child support could be granted a temporary license to drive to and from their place of employment.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1259528">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1259528&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Wed, 11 Sep 2019 13:11:00 -0500</pubDate>
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      <title>New York Appeals Court Modifies Divorce Judgement on Grounds That Unprofitable Business Partnership Cannot Be Easily Divided</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">On August 22nd, 2019, the New York Appellate Division, Fourth Department released a decision in the case of Barrett v Barrett.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 09/11/2019 --  A <a class="extlink"  target="_blank"  rel="nofollow noopener" title="matrimonial action" href="http://www.courts.state.ny.us/reporter/3dseries/2019/2019_06329.htm">matrimonial action</a> that involved a spouse seeking a modification of a divorce judgement on the grounds that the initial ruling was unjust and ineffective.<br />
<br />
 A Lower Court Ordered the Sale of a Partnership Interest<br />
<br />
In the original divorce judgement, a New York trial court ordered the sale of the husband&apos;s interest in a business partnership called PEG Enterprises, LLC. The proceeds of that sale were then to be divided between him and his wife. However, the appeals court found that there were two problems with this order. <br />
<br />
To start, the husband was only a 33 percent member of PEG partnership — under the terms of the partnership agreement, any transfer of ownership rights required receiving consent from the other members of the entity. In addition to that, at the time the court reviewed the matter, PEG was unprofitable. The appeals court determined that these two factors made liquidation and division of the partnership interests impracticable, if not altogether impossible. <br />
<br />
Divorce Judgement Modification: Substitution of Another Asset<br />
<br />
The appeals court modified the original divorce judgement by awarding the husband the entirety of the partnership interests in PEG. To account for this adjustment, the court assessed that the wife should be awarded ownership interests in another asset of similar value. Through a divorce modification, she was granted a 50 percent interest in Lake Placid, New York property that was owned by the husband. <br />
<br />
35 Year Marriage — A Nearly Even Split of Marital Assets is Equitable <br />
<br />
Finally, with respect to the other remaining marital assets, the appeals court determined that a near 50-50 split of the couple&apos;s property would constitute an equitable distribution.  As explained by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse, NY divorce lawyer Richard J. Bombardo" href="http://www.bombardolaw.com/">Syracuse, NY divorce lawyer Richard J. Bombardo</a>, "An equitable distribution is a fair distribution. New York courts will split up marital property and assets in a manner that is deemed to be fair to each party — considering their contribution to the marriage and their needs going forward. An equitable distribution can be, but is not always, a 50-50 division of the assets." <br />
<br />
In this case, the appeals court found that a near even split was especially appropriate given the fact that the couple was married for more than three decades. As a general rule, the longer a marriage lasts, the more likely it is that a 50-50 distribution of assets will be warranted. </p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1259522">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1259522&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Wed, 11 Sep 2019 13:10:00 -0500</pubDate>
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      <title>Second Department Muddies the Religious Divorce Waters</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">A New York appeals court recently vacated a decision which essentially penalized an Orthodox Jewish husband for not giving his wife a certificate of divorce.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 07/22/2019 --  As such, she was unable to remarry within the faith. In <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Cohen v. Cohen" href="https://law.justia.com/cases/new-york/appellate-division-second-department/2019/2016-09267.html">Cohen v. Cohen</a>, the trial court withheld the husband&apos;s marital property share until he gave his wife a Get. He refused to do so. The Second Department overturned that portion of the divorce order, relying on Section 253 of the Domestic Relations Act. This provision states that a defendant in a divorce action is not required to remove all barriers to remarriage for the other party.<br />
<br />
Under the Hilchot Gittin, a husband must voluntarily give a Get to his wife, or else it is invalid. <br />
<br />
Arguably, the judge&apos;s order to issue a Get violated this principle, so a Get under these circumstances may not be valid anyway. "For the most part, in 21st century America, marriage and divorce are both civil ceremonies which are devoid of any religious significance," remarked <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse family law attorney Richard J. Bombardo." href="http://www.bombardolaw.com/">Syracuse family law attorney Richard J. Bombardo.</a> "But that is not always the case, and Orthodox Jewish divorces are a good illustration of this overlap."The grounds for divorce are a good example as well. In New York, most petitioners ask for divorce based on irreconcilable differences. That means the marriage has hopelessly gone off the rails and it is neither party&apos;s fault. Yet sometimes, for religious or family reasons, a spouse needs a judicial declaration of adultery, abandonment, cruelty, or other fault. Many states have eliminated these options, but they are still available in New York.<br />
<br />
In these cases, if people have a divorce "on their record," so to speak, remarriage is usually not impossible.<br />
<br />
It is just awkward and comes with a social or religious stigma. But that&apos;s not the situation for Orthodox Jews. These individuals believe that marriage is both a civil and religious ceremony. A judge can dissolve the legal marriage, but not the spiritual one. Only a Get can do that. If the husband refuses to issue one, the wife could be in a serious predicament.<br />
<br />
Many Muslims hold similar beliefs. Yet in these cases, the situation is different. <br />
<br />
If the husband refuses to issue a religious divorce, the wife can approach a local Shariah Council. There is no such option for Orthodox Jewish women. To overcome these problems, we normally include language from Domestic Relations Law §236(B)(6)(o) and §236(B)(5)(h). <br />
<br />
Section §236(B)(5)(h) states that the court may consider a remarriage barrier in the property division settlement. In other words, if the husband condemns the wife to perpetual singleness, the marital property division must reflect that status. Section 236(B)(6)(o) contains similar language.<br />
<br />
The Get&apos;s voluntariness might still be an issue, but in most cases, the husband signs a document or otherwise indicates that the Get was voluntary.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1249037">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1249037&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Mon, 22 Jul 2019 11:23:00 -0500</pubDate>
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      <title>Rise in Pet-Nuptial Agreements in New York</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">According to reporting from the New York Post, a type of prenuptial agreement colloquially referred to as a ‘pet-nup’ is becoming increasingly popular among younger couples.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 06/19/2019 --  Based on a survey conducted by Direct Line Pet Insurance, researchers found that approximately one in twenty pet owners report that they created a pet-nuptial agreements specifically to deal with what will happen to their pet during a divorce. Many more pet owners said that they would consider getting one.<br />
<br />
Several Factors are Driving the Rise in Pet-Nuptial Agreements<br />
<br />
There are a number of reasons behind the rise in couples seeking prenuptial agreements to account for their pets. Most notably, in recent decades, the average age of first marriage has risen considerably in New York and all across the United States. One of the effects of this is that more and more people are getting a pet prior to getting married. For these couples, a pet-nup can be valuable, as the divorce laws in most states are ill-equipped to deal with pets.<br />
<br />
In New York, Pets are Still Property<br />
<br />
Under New York law, pets are treated like any other type of property. This means that New York courts will only consider the monetary value of the pet during disputes over asset division. As Syracuse prenuptial agreement lawyer <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Richard J. Bombardo" href="https://www.bombardolaw.com/attorney-profile/">Richard J. Bombardo</a> explains, "Pets can be a source of significant conflict in divorce. As the law currently exists in New York state, courts must treat pets as property. A simple economic value will be assigned to the animal. Unfortunately, this means that courts will not be able to account for the sentimental value of pets."<br />
<br />
California Changed Its Rules on Pets and Divorce<br />
<br />
It should be noted that changes may be coming in how states handle pets in divorce. Following the lead of Alaska, California recently changed its laws regarding pets and property division. In 2018, the state enacted the nation&apos;s second so-called &apos;pet custody&apos; law.<br />
<br />
Under this law, courts will view pets differently than other property. Pets in California are no longer treated like a couch or a computer. State courts now have the legal authority to consider which spouse primarily cared for the pet and which one will be able to give it a better home going forward. It remains to be seen whether other states, including New York, will eventually enact similar legislation.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 1-315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1234799">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1234799&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Wed, 19 Jun 2019 08:15:00 -0500</pubDate>
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      <title>A New York Assemblyman Is Leading an Effort to Overturn the State's Strict Adoption Record Confidentiality Laws</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">It is not uncommon for adopted individuals to eventually want to get access to their own original birth records.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 04/16/2019 --  Among other things, these birth records generally include the name(s) of the biological parents. How easy or difficult it will be for an adoptee to access their own birth records depends largely upon which state they were born in. New York has some of the strictest adoption record confidentiality laws in the entire country. Indeed, it is extraordinarily challenging for adoptees to get access to their own birth records. As explained by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse, NY adoption attorney Richard J. Bombardo" href="http://www.bombardolaw.com/">Syracuse, NY adoption attorney Richard J. Bombardo</a>;"Under New York state law; adoptees have almost no rights to get access to their own birth records. Adoption records laws actually vary widely around the country. <br />
<br />
For example, in some nearby states like New Hampshire and Rhode Island, there is essentially unrestricted access to original birth records. In other states, such as New Jersey, there are hoops that people must jump through. However, the records are often obtained. New York stands out as having particularly strict confidentiality laws." A New York Assemblyman is now trying to take action to alter the 84-year-old law that created the current system.According to reporting from <a class="extlink"  target="_blank"  rel="nofollow noopener" title="CBS New York" href="https://newyork.cbslocal.com/2019/03/14/new-york-adoption-law-assemblyman-david-weprin-birth-certificates/">CBS New York</a>, Assemblyman David Weprin (D-Queens) is pushing significant open records reforms in the state legislature. <br />
<br />
The CBS report cites the story of a New Jersey man who was originally adopted by a family in Upstate New York. He is one of many people trying to get access to his own records, but, under the current legal rules, it appears that he will be unable to do so.  While it remains unknown if this legislative push will ever make it into law, there has already been considerable progress. The adoption records reform bill drafted by Assemblyman Weprin already has more than 85 cosponsors. Advocates are pushing for action on this legislation by the end of the year. The people in favor of reforming New York&apos;s adoption records laws argue that adoptees should have a legal right to their own information. They contend that this is a health issue — New York law may prevent an adoptee from accessing important medical history records. On the other hand, opponents of the proposed reforms argue that privacy concerns should come first.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1197780">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1197780&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Tue, 16 Apr 2019 13:23:00 -0500</pubDate>
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      <title>Divorce Rate Falling Nationally; but Less So in Central New York</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">Study after study has shown that the divorce rate in the United States has dropped considerably in recent decades.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 04/16/2019 --  From its peak in the late 1980s and early 1990s, the national divorce rate nationwide has fallen to a five-decade low. The lowest point in the &apos;no-fault&apos; divorce era. <br />
<br />
Over the last decade, the nation&apos;s divorce rate has continued to drop. However, the divorce rate has not fallen evenly in all regions of the country. As an example, Central New York stands out as a region where the divorce rate has dropped. However, the decrease is far less significant than it has been nationwide. <br />
<br />
According to an analysis conducted by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="CNYCentral" href="https://cnycentral.com/news/local/divorce-rates-down-nationally-and-slightly-in-central-new-york">CNYCentral</a>, the speed of the decline in the divorce rate has been much smaller in many counties across Central New York. Among other counties, the researchers highlighted Onondaga County. This includes the City of Syracuse. Which saw a drop in the divorce rate that was far lower than the national average. Similar results were seen in counties across Central New York. This includes Oswego County and Cayuga County. Policymakers say that there are a number of different socioeconomic factors that help explain the divorce rate. With that in mind, it is impossible to point to any specific issue as the primary cause. <br />
<br />
As noted by <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Syracuse divorce attorney Richard J. Bombardo" href="https://www.bombardolaw.com/">Syracuse divorce attorney Richard J. Bombardo</a>; "Going through a divorce is always challenging. It is a positive sign that fewer people are getting a divorce. With that said, ending a marriage is absolutely the right option for some couples. With proper preparation and planning, a divorce does not have to be a fierce battle or a traumatic event. There are proactive steps that people can take to make the process less difficult."<br />
<br />
The data is clear: divorce is a normal part of American life. Married couples from every part of the country get divorced on a regular basis. Regardless of their backgrounds.  Though, there are certain factors that researchers say will increase ,or decrease, the likelihood of a divorce. The single biggest factor being the age of the spouses when they get married. The younger that people get married, the more likely they are to get a divorce. In addition, couples with higher incomes and higher level of advanced education are less likely to get divorced.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 315-488-5544<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1197768">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1197768&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Tue, 16 Apr 2019 12:17:00 -0500</pubDate>
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      <title>Home DNA Tests Reveal 20% of Men Are Not the Father</title>
      <link>http://www.releasewire.com/press-releases/release-3.htm</link>
      <description><![CDATA[<div class="newsleft"><div class="newsbody"><p class="subheadline">Recent reports from AlphaBiolabs, a leading home DNA kit manufacturer, reveal that as many as 20% of all men who take the test will discover they are not in fact the father of the child they are testing.</p><p>Syracuse, NY -- (<a rel="nofollow" href="http://www.releasewire.com/">ReleaseWire</a>) -- 03/08/2019 --  This remarkable statistic raises serious questions for many would-be dads and concerned fathers alike. Reports suggest that as many as 30,000 tests are taken each year, and in some areas of the U.S., namely the northeast, as many as 30% of men discover they are not the father of the child they are testing.<br />
<br />
In the U.K., there are presently no restrictions on how tests are carried out. A presumed father can even take a cheek swab while the child sleeps. Of course, in the U.S. this raises serious questions about ethics and the child&apos;s rights. Nevertheless, in most parts of the U.S., a father can purchase a home DNA test online for less than $20, swab his own cheek and that of his presumed child, then place the swabs in the mail to get a result. Within a few short weeks, an envelope will arrive telling the father the news. This can be a deeply emotional finding, and with DIY home kits, there&apos;s a margin of error involved. In fact, most test kits expressly state that they are not admissible in court. They are for "peace of mind" only. But to a father who finds out that a 10-year-old he has raised from birth is not really his own, this can be beyond devastating.<br />
<br />
People often use home DNA kits as a way to potentially avoid child support. Syracuse family law attorney <a class="extlink"  target="_blank"  rel="nofollow noopener" title="Richard J. Bombardo" href="https://www.bombardolaw.com/attorney-profile/">Richard J. Bombardo</a> cautions that this may not be as easy as it seems. As he explains, "a man who raises a child as his own, has his name on the birth certificate, and has developed a long and significant relationship with the child may still be required to continue paying support regardless of DNA results. After all, family court judges are primarily concerned about what is best for the child, and fatherhood is far more than biology."<br />
<br />
In many cases, paternity ends up being determined as a matter of equity, not mere DNA results. For fathers who wish to avoid paying child support for a non-biological child, Bombardo recommends "acting fast and getting a firm determination from a court as early as possible, before there is a chance of the child developing a strong relationship."<br />
<br />
As home DNA testing continues to grow in popularity, it&apos;s likely that family courts throughout the country will continue dealing with delayed or late paternity challenges by men who have discovered that their children are not biologically theirs. It&apos;s a growing dilemma, but one the courts will certainly have to address eventually.</p><p>For more information on this press release visit: <a rel="nofollow" href="http://www.releasewire.com/press-releases/release-3.htm">http://www.releasewire.com/press-releases/release-3.htm</a></p></div><h2>Media Relations Contact</h2><p>Richard Bombardo<br />Founder<br />Bombardo Law Office, P.C.<br />Telephone: 315-396-9789<br />Email: <a rel="nofollow" href="http://www.releasewire.com/press-releases/contact/1166530">Click to Email Richard Bombardo</a><br />Web: <a rel="nofollow" href="https://www.bombardolaw.com/">https://www.bombardolaw.com/</a><br /></div><div><p><img src="https://cts.releasewire.com/v/?sid=1166530&amp;s=f&amp;v=f" width="1" height="1" alt=""><span></span></p></div>]]></description>
      <pubDate>Fri, 08 Mar 2019 13:28:00 -0600</pubDate>
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