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Sometimes during divorce or after a divorce concludes, the spouse receiving spousal support may begin cohabiting with another partner. Should you have to pay spousal support, which would effectively go to supporting that couple instead of an independent spouse?

How Does New York Law Address This Issue?

Last year, a case called Sanseri v. Sanseri came before the New York Supreme Court and it addressed when a trial court can terminate maintenance.

New York law for terminating maintenance has changed over the years to keep up with our changing culture. In 1978, based on the case Northrup v. Northrup, the court ruled that unless the person was habitually living with a man and “holding herself out” as his wife, no modification was allowed.

Decades later, the NY Legislature restructured the concept of maintenance to provide financial assistance based on a model of “economic dependence.”

Details of the Sanseri v. Sanseri Case

The husband and wife were not yet divorced because certain issues still had to be resolved. The court ordered maintenance when the divorce began based on income disparities. Later, the wife admitted to living with another man, sharing a bedroom and commingling finances through a joint checking account. She accepted an engagement ring from her new partner. She shared family activities with him, listed him as an emergency contact for her child, shared birthdays, holidays and they traveled together.

Whether she should continue receiving maintenance hung up on the point that she had never “held herself out” as the spouse of her fiancé.

Supreme Court’s Ruling

After reviewing the details and applicable case law, the court ruled that the burden of proof requires that the wife show a need for maintenance or the inability to provide for herself. The court based the ruling on the new legislative economic-based theory. The wife can re-open the case and provide evidence that supports the continuation of maintenance as necessary for her to maintain independence in her current situation. Meanwhile, the court suspended maintenance, pending the outcome of the hearing to reopen the case.

If you have questions about spousal support, Attorney Chris Palermo will be glad you answer your questions and advise the best course of legal action.

In 2009, Eric Stevens filed to divorce his wife Tiffany Stevens. Since then, close to 180 motions (filed by both parties) and rulings have gone into in the divorce and custody cases.

According to the Daily News, three years after filing for divorce, Tiffany allegedly tried to hire a maintenance man to kill her husband for a fee of $5,000. She was arrested in July 2012 and has been out of jail on a million dollar bail while her criminal case is still pending.

A Web of Strategies and Counter-Strategies

As a result of the 2011 divorce agreement, Tiffany had sole custody and Eric had supervised visits. After Tiffany’s arrest, her parents filed a motion for temporary custody of their only grandchild. The court later reduced the father’s initially court approved supervised visits to weeknight phone calls.

Evidence from the wife’s lawyers included a psychological examination of her ex-husband that indicated a personality disorder of depression with psychotic characteristics. She had obtained restraining order against Eric, which he violated. He denied her claims about the exam. He accuses his ex-wife of being a long-time drug addict.

The Most Recent Legal Action Taken

Eric’s latest legal strategy was filing a complaint against the court appointed guardian ad litem for his daughter. He alleges attorney corruption and perjury and filed the complaint with the Statewide Grievance Committee in Connecticut, which handles lawyer discipline cases.

When Considering Divorce, Consult with a NY Divorce Attorney As Soon As Possible

The above divorce and child custody cases are far from the norm, and most cases resolve much sooner and without this degree of complexity.

Find about your legal rights and discuss the actions you should take or not take with an experienced divorce attorney early on in your divorce. Following effective legal advice can make a significant difference in how your divorce unfolds.

Chris Palermo is a Suffolk County divorce attorney who has compassion for his clients and works closely with them to resolve issues effectively and protect their interests.

 

Suffolk County Divorce Attorney Chris Palermo

So often we hear about celebrity divorces that end horrifically, whether in legal battles over one spouse getting his/her lion’s share of the wealth, battling over child custody or tragic tales of drug abuse that translate into wild dramatic scenes. Consequently, when celebrity couples end a marriage amicably and have prenups in place so legal settlements are easily reached, it’s wise to also take note.

Amber Rose and Wiz Khalifa Divorce Settlement

The New York Daily News reported that Rapper Wiz Khalifa and model Amber Rose reached a divorce settlement on June 7, 2016. They actually celebrated their heartfelt feelings for each other instead of the fact of their divorce.

The couple were married for 14 months and signed a prenup before marrying. Rose will receive a total of $1 million and has already received $356,000. Khalifa will pay $14,800 per month in child support and the couple will share joint custody of their three-year old son.

The couple filed for divorce in 2014 and the divorce proceedings took a far different turn from how it first began with Rose alleging Khalifa cheated on her. She now tweets that he was the only man she ever loved and they “still really, really love each other but just can’t be together.”

Other Celebrity Divorces that Ended Amicably

Unfortunately, the messiest celebrity divorces are often the ones that garner the most media attention. Even so, other celebrities have split amicably. According to ET, some other friendly divorces include:

When Considering Divorce, Consult with a Divorce Attorney Early on

It’s never too early to find out about your legal rights and discuss the actions you should take and not take when considering divorce. Being legally informed and receiving effective legal advice can make a huge difference in the type of divorce you experience.

Suffolk County divorce attorney Chris Palermo is a compassionate attorney who works closely with clients to resolve issues and protect their interests.

Johnny Depp’s claimed net worth according to Celebrity Net Worth is $350 million but actual worth may be closer to $400 million. After two years of marriage, his wife Amber Heard filed for divorce in a Los Angeles court last week. They married without a prenuptial agreement, and she requested spousal support but Depp denied the demand International Business Times reports.

Depp was paid $61.1 million for his role in Alice Through the Looking Glass and averages a yearly income of $41.1 million.

Prior to marrying Amber Heard, Depp had been with French model Vanessa Paradis for 14 years. They never married, but had two children together. When their relationship ended, according to hollywoodlife.com, the spit was amicable. He was worth $300 million at that time, and in a settlement, he awarded $150 million to Vanessa.

How does a celebrity worth millions marry without a prenup?

Romance is blissful and when you fall in love, the idea of breakup is not real. Perhaps the idea of ever splitting up is too painful to entertain. Yet, in today’s society and especially among celebrities, marriage often does not last.

Johnny Depp’s previous relationship did not require a prenuptial agreement, and he willingly gave half his wealth to his partner.

Because California is a community property state, a spouse is legally entitled to half of the community property. Yet the recent breakup does not appear to be so amicable. The divorce began with Amber Heard filing for a restraining order for alleged domestic abuse. At this point, the characteristics of this breakup are more like a battle, in contrast to the much longer partnership that ended with such grace.

If you have considerable wealth, for practical reasons, consider consulting with an attorney about creating a prenuptial agreement.

Suffolk County divorce attorney Chris Palermo can discuss prenuptial agreements with you and the benefits of creating one prior to marriage.

Nothing speaks like a testimonial. When you do a good job, satisfy a client’s needs and deliver above and beyond what was expected, everybody wins. A job well done simply makes everyone feel good. Many times, happy clients are willing to write a testimonial for you. And testimonials serve a valuable purpose in promoting your good work.

Forbes Magazine suggests that businesses ask satisfied clients or customers for testimonials, simply as part of doing business.

 

Our Clients

Here’s what some of Chris Palermo’s clients had to say:

Very professional and patient. The staff is very enthusiastic. It is great that the staff speaks Spanish. Excellent attorney and very helpful especially in times when life feels like riding a roller coaster. Thank you Chris, Bea and Riley!!

—Nora Antonucci  (1 month ago)

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I highly recommend Christopher Palermo. I’ve had the pleasure of using him for my divorce as well as my child support case. He has your back all the way & fights hard for you. The girls in his office were very attentive & helpful. If they weren’t available for any reason & I had to leave a message, someone would always get back to me in a timely manner. If I needed advice after my cases won & were closed he still gave me his time & attention of his opinion & the best advice he had for me.

—Danielle Rivellese (1 week ago)

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Christopher Palermo is a great lawyer by far and always got me results! Staff is wonderful! Great communication. I highly recommend this law firm.

—Nathalie Vukas (3 weeks ago)

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“Highest Recommendation 5.0 stars”

—Artisan Visual (5 months ago)

 

 

A father recorded a conversation between his son and his ex-wife’s live-in boyfriend. Later on, when he turned in the recording as evidence, the boyfriend’s attorney challenged the admissibility of the recording, calling it illegal eavesdropping.

According to ABC News, the boy was five years old and the father decided in good faith that recording the violent conversation he was overhearing was necessary for his son’s protection. Months later, on when neighbors called the police because they heard screaming and crying, the father turned in the evidence. Authorities arrested the live-in boyfriend, Anthony Badalamenti, and he was convicted of child endangerment, assault and weapon possession.

The ruling set a precedent for parents being able to eavesdrop on their children when it is done in good faith for the child’s protection.

However, the judge in the case cautioned about certain limitations, including:

The ruling does not establish whether a parent can eavesdrop when an older child explicitly refuses to allow it during conversations with the other parent.

This case appears to set a broader precedent about parental eavesdropping than a similar earlier case. An earlier court ruling from a Brooklyn judge allowed evidence from a mother who placed a recorder in her autistic son’s backpack due to suspected abuse by his bus matron.

It will be interesting to see how New York case law develops regarding parents who eavesdrop on children.

If you have questions about whether to record events involving your child, discuss your concerns with attorney Chris Palermo.He will be glad to answer your questions and provide you with effective legal guidance.

Manhattan neurosurgeon Eric Braverman, recently convicted of attempting to steal court documents tied to his divorce, faces new charges after police arrested him for sexual abuse. According to sources, Dr. Braverman brought a woman to his luxury apartment in the Tribeca area on January 4, 2015, and sexually assaulted her. Authorities could not explain why it was more than a year later before Braverman was arrested.

Braverman has been in and out of the news over the last four years, a party to a highly contentious divorce and custody battle, with millions of dollars apparently at stake. In December, 2015, he was convicted of attempted larceny for trying to steal court-ordered psychiatric reports that concluded that he was unfit to have any visitation with his children. According to witnesses, Braverman was specifically instructed by a judge in his divorce proceedings not to remove the documents from the courtroom, but was caught handing them to an assistant, so that she could put them in her purse.

Court clerk Kathy Quammie told the court that she saw Braverman hand the documents to an attorney and took them back. Braverman then offered to pay her cash if she would let him keep the documents. Braverman and his attorney were arrested and cuffed when they returned to the courtroom for a subsequent hearing, charged with tampering with public records and criminal contempt for disobeying the judge’s order.

Divorce Case Takes New Twist

Contact an Experienced New York Divorce and Family Law Attorney

At the law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page.  For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.

Music producer Phil Spector, currently serving a 19-year-sentence in a state prison facility in California, has filed for divorce from wife number three, Rachelle, claiming that she’s spending the couple’s money as fast as she can get her hands on it. Spector, 76, is believed to be worth more than $35 million.

According to Spector, his wife, a 35-year-old former singer, has purchased two homes for her mother, as well as a Ferrari, an Aston Martin, a $350,000 plane and other items. He says she’s now in the market to purchase her own private jet. Lamenting that he’s only getting about $300 each month while incarcerated, Spector has asked the court to appoint his daughter, Nicole Audrey Spector, to handle his finances.

Inside sources say that Spector, known for creating the famed “wall of sound” that characterized such hits as the Ronettes’ 1964 classic “Be My Baby,” has been in declining health over the last few years. He was sentenced to serve time after he was convicted in 2009 of killing actress Lana Clarkston at his home nearly a decade earlier.

Rachelle Spector, who has consistently maintained that Spector is innocent of the murder charges, says it makes no sense that she would now be trying to fleece Spector. “Gold diggers don’t hang around for 10 years, ” Mrs. Spector told reporters.

Spector Files for Divorce from Third Wife

Contact an Experienced New York Divorce and Family Law Attorney

At the law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page.  For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.

Former Huntington Town House Owner Claims Former Partner Bilked Her of Millions

The woman who owned and operated the huge Huntington Town House catering business on Long Island has filed suit against her former lover, claiming that he defrauded her of millions of dollars. Rhona Silver says in her lawsuit that she was introduced to businessman Barry Newman , a real estate developer, by a rabbi in 2003. On their first date, according to Silver, Newman flew her to Boston on a private plane, where the two had a seafood dinner. On their next date, he allegedly took her to Rome.

As their relationship developed, claims Silver, she came to trust Newman and turned over control of her finances to him. She likened his presence in her life to that of Maurice Tempelsman, who managed Jackie O’s affairs after the death of Aristotle Onassis. A single mom at the time, Silver was moved by Newman’s promise to “take care of you and your family forever.”

In 2007, according to court documents, Newman negotiated a deal to sell the Huntington Town House property to Lowe’s Home Improvement, a sale that netted $38.5 million. Silver, however, claims that she never saw any of the profit from the sale of the property. Furthermore, she claims that, even though she owned the property, she was never advised of a time and place for the closing of the sale, did not attend the closing, and personally signed no documents to complete the transaction. Instead, she alleges, Newman forged her signature on the relevant sales documents, took the proceeds from the sale, and skipped town.

The documents accompanying Silver’s lawsuit include an affidavit from a forensic document examiner, who asserts that at least two of the three signatures purported to be Silver’s on the closing documents are forged. Examiner Andrew Sulner says that all three are exactly identical, which in essentially impossible with personal signatures. He concludes that at least two and possibly all three signatures are fakes.

Silver, who now runs an online catering business, claims she is now without the resources to support herself and must rely on friends to get by. Newman, though, claims that Silver was “a damsel in distress” when he met her and that Silver used the proceeds from the sale to fund a “lavish lifestyle.”

Famed Caterer Says Ex-Lover Defrauded Her

Contact an Experienced New York Divorce and Family Law Attorney

At the law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page.  For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.

Fined $10,000 for Bullying Judge and Attorney | Denied Custody of Minor Child

A patent attorney was fined $10,000 for what presiding judge Matthew Cooper called “a maelstrom of misconduct” during divorce proceedings last September in Manhattan Supreme Court. According to Cooper, attorney Anthony Zappin used  his law license as “a tool to threaten, bully and intimidate” throughout the course of the divorce proceedings.

Zappin’s wife, Claire Comfort, also a patent attorney in Manhattan, filed for divorce from Zappin last year. Zappin sought unsupervised custody of the couple’s two-year-old son. The court then appointed attorney Harriet Cohen as guardian ad litem to help determine the best interests of the child. When Cohen recommended that Zappin only be allowed supervised visitation, Zappin apparently unleashed a string of online attacks against Cohen. Documenting what he perceived to be continued bad behavior by Zappin, Judge Cooper levied the fine. Zappin then accused the judge of putting “personal animus over the welfare of our child.” According to sources, Zappin was terminated by his employer in the wake of the court-imposed fine.

This week, Judge Cooper issued a 101 page ruling, confirming the recommendation of the guardian ad litem, allowing only supervised visits, and subjecting Zappin to a five year protective order. Concluding that Zappin had an “anti-social personality disorder,” Cooper awarded full legal and physical custody to Comfort. The judge concluded that evidence introduced at the 13 day trial demonstrated that Zappin had physically abused his wife at least eight times during her pregnancy, and had waged what Cooper called “a war of intimate terrorism.”  The judge also expressed his concern that, given Zappin’s “coercive, controlling behavior”  and his “explosive anger and inability to control his emotions,” the child’s personal safety was a concern. He also feared that Zappin’s behavior would be a sign to the boy that violence was acceptable in interpersonal relationships.

New York Attorney Sanctioned for Behavior in Divorce Proceeding

Contact an Experienced New York Divorce and Family Law Attorney

At the  law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page.  For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.