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5 Common Pitfalls to Avoid In Your Child Custody Case

Writings on Legal Matters

5 Common Pitfalls to Avoid In Your Child Custody Case

Child custody proceedings are difficult and stressful for both parents. With emotions running high, parents often unwittingly make poor choices that adversely affect both their children and their case. While not exhaustive, here are some common pitfalls to avoid in your child custody proceeding:

1. Denigrating or Disparaging the Other Parent

The courts recognize the obvious: that children thrive best when they have a healthy relationship with both parents. Nothing undermines that relationship more than when one parent one parent repeatedly denigrates or disparages the other to the child or otherwise pressures the child to choose sides.

Judges have seen it all before and are well aware of the profound and long-lasting damage that this type of behavior can have on a child’s emotional development and long-term well-being.

As such, the courts have consistently maintained that one of the primary responsibilities of the custodial parent is to foster and facilitate a relationship between the child and the other parent, so much so that a parent’s inability or failure to do so creates a presumption that that parent is unfit to have custody of the child.

2. Manipulating the Child’s Preferences

Similarly, some parents may use a variety of tactics to influence the child’s decision or preference about with whom the child wants to live. This could include spoiling or bribing the child, or more overtly, encouraging the child to express their preference to the appointed attorney.

This type of behavior is unhealthy for the child and typically backfires on the manipulating parent when it is often picked up by the child’s attorney and the Court, who, again, have seen it all before.

3. Absence in the Child’s Life

Judge’s view a parent’s past-involvement in the child’s life as the best indicator of future involvement. As such, it is important for parents in custody cases to remain active and involved in their children’s day-to-day activities and major decisions (medical, education, extracurricular, etc.).

A parent’s continued involvement is what is best for the child and what is best for their custody case.

4. Illicit Use or Abuse of Drugs
When allegations of drug and alcohol abuse are made, Judge’s will typically order that both parties be tested. Should the result come back positive, the parent found to have used drugs or alcohol must then defensively argue that his or her drug and/or alcohol use is limited in nature or controlled and does not occur when the child is in his or her care. This is a surefire way to lose your custody case.

5. Lack of Stability and Poor Decision Making

Courts do not look favorably on parents who make hasty or detrimental decisions. This could include prematurely introducing the child to a paramour or significant other, removing the children from their school or daycare program, or arbitrarily changing residences. Doing so only compounds the instability of the child’s life—making it increasingly more challenging.

Divorce and custody disputes are very difficult for families. It is important for parents to always keep their children’s best interest in mind—particularly as it pertains to actions and decisions during the transition.

Three Steps to Take If You Are Experiencing Domestic Violence

Writings on Legal Matters

Three Steps to Take If You Are Experiencing Domestic Violence

As many of you are already aware, in response to the growing public-health concern, the Nassau County Family Court has temporarily closed its doors.  Nonetheless, specific arrangements have been made by the judicial system for emergency situations. If you have an emergency legal situation, please do not hesitate to contact us so that we can help you through this difficult time.  We are striving to help as many people as we can, and are doing our best to be available for you in your time of need.

Despite the unprecedented territory that we are in, the judicial system has set forth procedures for those in dire need, including victims of domestic violence.  If you feel that you are in immediate danger, please contact law enforcement immediately and consider the other steps described below.   

Domestic violence can take many forms. It occurs when those we trust and share our homes with betray our trust by engaging in physically violent, sexually violent, or emotionally abusive (i.e. making threats of violence) acts against us. Whether you are facing domestic violence at the hands of a boyfriend, girlfriend, spouse, parent, or adult child, the family law team at Sunshine, Isaacson & Hecht wants you to know you’re not alone. Although your situation may feel inescapable, we are here for you and there are many other resources at your disposal as well.  After contacting local law enforcement:

Recognize domestic violence for what it is.

For many, it is easy to make excuses for our abusers because we love them. But no amount of love changes the fact that when someone behaves violently towards you, they are committing a crime. Their behavior is against the law and can be punishable with jail time. 

It is also important to recognize that you do not deserve this. You are well within your rights to demand freedom from domestic violence.

File a family offense petition seeking an order of protection.

Also known as a restraining order, an order of protection is something you can get to legally prevent your abuser from interacting with you. It may force them to vacate your home and prevent them from contacting you or coming within a certain radius of your home, your place of work, or your physical person. To obtain an order of protection, you can file a petition with family court.  Even now, with the Family Court being closed, there is a system in place so that you will have access to the judicial system. Often, you can go to Court and leave that same day with at least a Temporary Order of Protection, which would remain in place until your case can be heard by a Judge.

Consider other resources

You are not alone.  There are many groups where you can meet and speak to people that are in similar situations.  There are counselors that can offer guidance. There are many options and resources out there for you.

The Sunshine, Isaacson & Hecht family law team is here to help. If you are experiencing domestic violence and want help, please please contact us.  We offer free consultations, and anything you tell us will be kept in confidence.

Don’t Want To Go To Court? Mediation Is Your Solution

Writings on Legal Matters

Don’t Want To Go To Court? Mediation Is Your Solution

In an ideal world, the only time the courts have to get involved in your marriage is when you head to the courthouse for your marriage license. Unfortunately, some marriages don’t follow the path we hoped for and result in irreconcilable differences that leave one or both spouses ready to move on.

We hear from family law clients who have nowhere else to go but don’t want to go to court. The court process can be expensive, exhausting, and expose your personal business to far too many outsiders. The answer in this situation isn’t to just skip the divorce and either force yourselves to stay together or just go through life as a married but separated couple – the answer is mediation. So, what can mediation actually do for you?

Provide a neutral view

Mediation provides an opportunity to find a middle ground and dispel any unreasonable demands and expectations that are getting in the way of both sides moving on amicably. The mediator in your case should be a neutral third party with no prior engagement with either spouse. This means they’re likely to have a clearer view of your situation than either of you have as the separation likely stems from and results in biases towards each other.

Our mediators are trained and certified to take a thorough neutral approach to each situation. They will hear from both sides of the dispute and use their training to spot any clear biases or unreasonable demands. It’s highly unlikely that the mediator will look at your situation and insist that one side is responsible for the situation. Instead, both parties will likely have to participate in the give and take of divorce.

Save money and time

One of the most obvious benefits of mediation is that you don’t have to drag each other through court. When you get divorced and are not making progress on resolving disputes like child custody, child support, asset division, and other important matters, the attorney fees will stack up quickly. Both parties will need to retain their own attorney whereas the fee for a mediator will be split between both parties.

On top of that, “time is money” as the saying goes. You will save a significant amount of time going through mediation instead of going to court. Courts are often backed up which could make it challenging for you to get in front of a judge. This means your divorce could take months to resolve. Mediators are generally more accessible and won’t take as many hearings or meetings to conclude your case.

Maintain control

What’s important to know is that you are not locked into any of the conclusions and recommendations reached by the mediator. Both parties have to make the decision to move toward an amicable split on their own. The same can’t be said for the court process where a judge who has taken a short amount of time on your case in between dozens of other cases and make a final decision.

A mediator allows couples to maintain control over their split without the overbearing pressure to definitively resolve every dispute. It’s important to go into mediation understanding your work continues even when you’re sitting in the room with them.

At Sunshine, Isaacson & Hecht, we provide matrimonial mediation. Our team of experienced, trained, and certified mediators have extensive experience bringing exes to an amicable middle ground. We know the importance of peace of mind as well as saving you time and money. Contact us for a firm with unrivaled expertise and dedication.

Top Divorce Questions: Who Pays The Legal Fees?

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Top Divorce Questions: Who Pays The Legal Fees?

{2:40 minutes to read} Almost every new client that consults with our firm for a divorce proceeding asks one of two
questions:

Does my spouse have to pay for my lawyer? OR
Do I have to pay for my spouse’s lawyer?

The answer comes as a surprise to most. The Domestic Relations Law has a rebuttable presumption that the “monied” spouse will pay the “non-monied” spouse’s attorney’s fees. The idea behind the law is to try and level the playing field when there is a big discrepancy between the incomes of the divorcing parties. After all, the law doesn’t want the person with less money to be at a disadvantage.

That being said, this is not simply a windfall for the spouse with less financial power, who at times thinks that they can litigate cost-free while their spouse pays the bill at the end. The “monied” spouse always has the opportunity to rebut the presumption that they should pay all legal fees by showing the Court that the other spouse has the ability to pay for their own attorney, or by showing that their spouse unnecessarily drove up the cost of the litigation.

Let’s say for example that the spouse earning substantially less money, or earning no income as a stay-at-home parent, has substantial assets, inheritance, or money available to him or her. He or she may have the ability to pay his or her own legal fees, and an award from the Court would not ‘level the playing field,’ but would instead provide an unfair advantage. So, while the starting point may be that a spouse without income is entitled to have his or her legal fees paid by the other spouse, equity and fairness should prevail once it is demonstrated to the Court that the same spouse is already on a level playing field because of other assets or circumstances.

On the other side, however, if one spouse truly does not have the income or assets to litigate with, the Court will level the playing field immediately at the commencement of the case, or even in the middle of the case, and the higher courts have held that it is an error when the trial court fails to “level the playing field.”

What is the best approach?

There are different strategies to use when approaching this issue, depending on which side you fall on. If there are liquid marital assets, we often get creative and try to split up one or more of those assets ahead of time. We recommend this approach to litigants on both sides, because it helps the “non-monied” spouse in that he or she will now have the funds with which to pay his or her attorney and for living expenses, and it also helps the “monied” spouse, who now may not have to pay his or her spouse’s legal fees because the other spouse has the financial ability to do so. This strategy also helps alleviate the need for one spouse to constantly ask the Court for additional money for legal fees and living expenses, and it alleviates the need for the other spouse to defend against such requests—thus reducing the cost of litigation for both sides.

Our approach actually helps both sides during the litigation, and the less that you pay in legal fees on these issues, the more money there is available for you and your spouse!

Please contact us today with questions or comments.

Our Top Three Tips for Moving On After Divorce

Writings on Legal Matters

Our Top Three Tips for Moving On After Divorce

 

When your divorce ends, what will you do with your newfound freedom? It’s exciting to think about all the opportunities that await you, but many find it a bit intimidating as well. If you were married for a long time, you might feel like you’ve forgotten how to be alone, as if it were a skill that you need to relearn. 

The Sunshine, Isaacson & Hecht team has worked with countless people as they undergo divorces, both highly contested and amicable. There’s one commonality we have noticed: While moving on is exciting, it is also scary and a little confusing. That’s why we want to share our tips for making your transition into post-divorce life as seamless as possible.

  1. Allow yourself to feel your feelings.

There are going to be a lot of emotions to feel in the coming weeks, months, and even years. It’s a bad idea to ignore your feelings because you think you should be “over it” or because it’s easier to ignore tough things. If you beat down the bad feelings, you’ll find that you unintentionally ward off the good ones as well. We highly recommend working with a therapist to better understand and process your emotions. They can teach you coping mechanisms that will help you deal with your feelings in the healthiest way possible.

  1. Utilize your support system.

Friends and family will want to be there for you — let them. Don’t turn down a coffee date with your best friend because you think he or she is tired of hearing you talk about your situation. Accept the invitation. Let your friends and family distract you when you need to be distracted, offer advice when you need advice, and listen to you vent when you need to vent. It’s not an imposition and it shouldn’t make you feel guilty. When you’re not sure about it, think about how much you would want to be there for them if they were going through something similar. 

  1. Try something new.

After a divorce, you get to rediscover your identity as a person who is not tied down by an unhappy marriage. Who are you when you’re independent? You get to decide! It’s a great time to try a new hobby, whether it’s meditation or yoga or cooking or ballroom dancing. Experiment! Have fun! There’s no one to stop you from splurging on a pottery-spinning class anymore, so why not go for it?

If you are facing divorce or another family law matter, the Sunshine, Isaacson & Hecht team is here to help. We have extensive experience helping clients navigate every aspect of a divorce. Contact us today!

Preparing For A Weather-Related Property Damage Claim

Writings on Legal Matters

Preparing For A Weather-Related Property Damage Claim

In a perfect world, this blog wouldn’t be necessary. New York isn’t a common target of major weather damage – but it does happen.

We’re coming up on ten years since Hurricane Sandy hit New York. It’s important to take some of those lessons learned and make sure you, your home, and your business are prepared should you need to file a claim. We want to make sure you take the necessary steps before and after severe weather hits.

Document all property

One of the most important aspects of a claim will be knowing what property and value you’re actually claiming. Insurance companies are going to be stingy and won’t let you slip in a claim that you don’t have proof of.

Before you even know a hurricane could possibly be coming your way, you should document all your valuables and the condition of your home or business. This includes making a list of those valuables and their estimated value (if you have receipts then keep them when possible).

Take pictures

More important than listing out those valuables is actually taking pictures of them. Take a few minutes to walk around your home or business and take pictures in all the rooms. If you have items that are of high value that could be at risk during a weather event then take closeup pictures, as well.

The combination of receipts, documentation, and pictures of your property will go a long way towards securing your claim. Pictures of the condition of your home also help – especially if you’ve taken specific steps to secure your home against severe weather. If you’ve boarded up windows or moved outdoor furniture indoors to prepare for a hurricane then this will further solidify your claim.

Review your insurance policies

Unfortunately, we often hear from home and business owners who are surprised to find out certain claims aren’t covered by their insurance policies. It’s best to familiarize yourself with your coverages BEFORE an event, not after.

Review all policies you have and make sure what you need is actually covered under the policy. If you find out that certain damages from a weather event aren’t covered then you may need to consider taking steps to mitigate those risks or find a new insurance policy.

Contact an attorney before filing a claim

When you have a significant loss, it’s imperative to file a claim as soon as possible. However, you should talk to your attorney first. You’ll need to understand your rights and make sure you don’t slip up and make a mistake during the claims process. Everything you say in writing and verbally to your insurance company could end up being used against you.

At Sunshine, Isaacson & Hecht we are always here to help New Yorkers with property damage claims. Contact our team if you are about to file a claim or have filed a claim and feel like you’re being shorted what you’re owed.

A Brief Introduction to New York Navigation Law 181

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A Brief Introduction to New York Navigation Law 181

“If your property has been damaged due to the spilling of petroleum/oil products, and if your life has been turned upside down as a result of the spill, we are here for you.”

The state of New York takes environmental safety very seriously, and has many laws on the books to help protect the Long Island Sound, lakes, rivers, and land in the area. New York Navigation Law 181 is an especially important law because it protects New Yorkers who become victims to an oil or petroleum spill that affects their home, business, or land. According to the law, a company that causes the spill will be heavily responsible for the spill. The law is quite severe to reflect the extensive and potentially long-lasting damage that these products can cause to the environment – and to the victims and their families.

Responsible Party

One of the most important things to be aware of when it comes to this law is that it applies to the responsible party/parties regardless of fault. This means that even when the oil company accidentally spills oil when delivering it to a home, the company is nonetheless responsible for cleaning it up and compensating the victim.

Overview of Potential Fines

The potential penalties associated with this law can be quite severe and must be taken very seriously. The specific amount will depend on many factors including the amount of petroleum products released into the environment, the amount of damage done, and the effect of the entire process on the property owner. There are various categories of damages that can be charged and recovered under this law, including:

  • Damage to Property – Any costs associated with restoring, repairing, and replacing damaged or destroyed real property in or around the home or business.
  • Diminished Value of Real Property – If the property has a diminished value as a result of the environmental disaster, the homeowner or property owner can be compensated for the decrease in value compared to the value as if the event had not occurred.
  • Natural Resources – Any costs associated with restoring or replacing any natural resources.
  • Loss of Income – If the damage resulted in the loss of income or earning potential for the owner of impacted property, the responsible party must repay this money.
  • Loss of Personal Property – This can include clothes, furniture, etc. that has been damaged as a result of the event must be replaced
  • And more…

Offering Aggressive Representation

If your property has been damaged due to the spilling of petroleum products, and if your life has been turned upside down as a result of the spill, we are here for you. Our legal team has the experience needed to handle these often very complex cases, and we understand the importance of getting it right. Please contact us at 516-352-2100 to schedule a free consultation today.

How is Spousal Maintenance or Alimony Calculated in NY?

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How is Spousal Maintenance or Alimony Calculated in NY?

Not too long ago, alimony (now known as spousal maintenance or spousal support) was entirely discretionary.  This caused a lot of litigation as there was no real expectation as to how much the Court might award.  If one attorney told the client to expect to receive $2,500.00 per month, while the other attorney told the opposing client to expect to pay $500.00 per month, both parties would end up spending thousands of dollars litigating the issue, each thinking that he or she was “right” and that the other was unreasonable.

Today, it’s different.  Now, New York has a formula for the presumptively correct amount of spousal maintenance or alimony, which takes a lot of the guess-work out of equation.

When maintenance is awarded, the support is rarely permanent, as the expectation is that the receiving spouse will find a job or receive the education and training they require to become financially self-sufficient. The spouse requesting it will have to demonstrate a need for short or long-term financial assistance and a financial disparity between the parties.

Typically, New York judges use the following formula to calculate maintenance:

  • Subtract 20% of the requesting spouse’s income from 30% of the other spouse’s income
  • Multiply the combined spouse’s total income by 40% and subtract the the requesting spouse’s income 

The lesser amount of these two calculations will be used to determine the support award on an annual basis. The Court might “deviate” and make the award larger or smaller based on the circumstances, but the calculation at least gives everyone an approximate idea of what the number should be.  Additional factors that impact the amount awarded include:

  • Whether there is also a child support award. 
  • If the Payor’s income exceeds $192,000, in which case the court may award additional alimony, and base the amount on other factors that include the age and health of each spouse, their respective present and future earning capacities, and the need of one spouse (usually the recipient) to incur education or training expenses.

The Court will also calculate the duration (or length of time) of the award pursuant to a formula.  The duration calculation is based on brackets of time and approximate number of years.  For marriages between 15 years and 20 years, the duration of maintenance may be between 30% and 40% of the total time you were married. For longer term marriages, the duration of maintenance may be between 35% and 50% of the total time you were married.  For example, if you were married for 30 years, the duration of maintenance could be anywhere from 10+ years to 15 years.  

Except in rare instances, spousal support is only paid for a fixed amount of time specified in the court order. The expectation is that at some point in the future, the receiving spouse will become financially independent. If permanent alimony is awarded, it typically ends when one of the spouses passes away or the recipient remarries.

Contact us

Proving the need for alimony involves some complex calculations as well as consideration of the recipient spouse’s lifestyle, age, health, and need to care for minor children. At Sunshine, Isaacson & Hecht, we understand how worrying it can be to think about your post-divorce financial outlook, especially if you left the workforce to care for your family, and will fight for an award that ensures stability while you prepare to become financially independent. For more information or to schedule a consultation, call (516) 352-2100.

Review Your Insurance Policy Before It’s Too Late

Writings on Legal Matters

Review Your Insurance Policy Before It’s Too Late

When is the last time you looked at what your insurance plan covers? Americans are required to have insurance policies for several scenarios – many simply find the cheapest option and buy it. We aren’t here to tell you to buy more expensive insurance, but we are here to make sure you understand what you’re actually paying for.

In an ideal world, homeowners insurance, car insurance, and other property-related insurance policies would never be necessary. Unfortunately, we know too well that accidents and weather events happen – putting our insurance policies into action. You need to know which situations are covered and which are not covered today, not after you’ve already had an incident.

We’re going to explore some situations where reviewing your insurance policy beforehand would be necessary.

Weather Events

Let’s talk about this first because, frankly, it’s unpredictable. We are able to plan for many life events, but weather events often come quickly with little to no warning. Unfortunately, you can’t change your policy once a storm is imminent. Otherwise, everybody would opt for the cheapest plan and then increase coverages solely for the period in which the storm is coming through.

Instead of waiting until it’s too late, you should review your plan today. Consider questions like:

  • Do I live in an area with frequent storms or flooding?
  • Do I live in an area with frequent earthquakes?
  • If a catastrophic storm destroys my property today, what will my insurance pay for tomorrow?
  • Have I made significant changes to my property since buying this policy?

Renovations or Additions

You should review your policy before you make renovations or additions to your home or vehicle to understand what coverages you have in case something goes wrong. Would you be held liable and not be covered? Does your insurance cover cars that have been modified?

Then, once your work is done, you may want to review your coverages once again to make sure the new value of your property is reflected. A renovation or addition to most homes or vehicles will increase its value, meaning you may need to increase coverages.

It’s Been a While Since Your Last Review

Even if you don’t have any big life events on the horizon, we want to stress the importance of simply giving your insurance another look. There are numerous scenarios that you may not have considered that could impact your policy.

For instance, you may be eligible for loyalty rewards for being a long-time customer. You also may have made a job change that requires you to travel less with your vehicle, lowering your mileage and insurance costs.

Knowledge is power in all circumstances, including when it comes to insurance. The more you know about your coverages the better protected you are when you need to file a claim. At Sunshine, Isaacson & Hecht, we constantly work with clients to make sure they’re getting the most out of their insurance when it comes time to make a claim. Contact our firm today for unrivaled expertise and dedication.

“You’ve Been Served”: What to Do If You’re Served Divorce Papers

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“You’ve Been Served”: What to Do If You’re Served Divorce Papers

Being served with divorce papers can be upsetting and stressful, or may just be a welcome and practical step towards ending a relationship. However you feel about being served divorce papers, there are certain things you must now do to move the process forward. This article talks you through each step.

  1. Read the papers carefully

Reading your divorce papers may seem like a no-brainer. However, it is essential that you take time and care when doing so to ensure that you fully understand the wealth of information they contain. Signing divorce papers without thoroughly reading them first could mean you end up agreeing to something that you actually object to.

Among other things, divorce papers should contain information such as where the action has been filed, the deadline by which the spouse must respond, and whether the spouse who filed the paperwork is acting alone or with the help of an attorney. The grounds for divorce, as well as information on important matters such as child support and custody and division of property, may also be laid out in these documents.

  1. Provide your response

The required response time is typically 20 days from when you were served with the papers, so you should check your divorce papers to make sure you know the deadline and ensure you provide your response before then. If you do not provide a response within the deadline, it is possible that your spouse could be granted everything they have requested in the papers, as not responding suggests that you are amenable to these requests.  Providing a response may be difficult without an attorney who can prepare the document, called an Answer, properly. This brings us to the next important step:

  1. Hire an attorney

The next thing you should do is hire an attorney. An attorney will help guide you through the process and can assist with drafting and delivering the response to your spouse. An attorney will help you go through the papers and respond to each numbered statement, providing as much information and reasoning as possible.

Legal counsel can ensure that you understand all your rights and options and that your rights are protected, particularly if the case becomes contested at a later date. If your divorce papers indicate that your spouse has employed the services of an attorney, it is even more imperative that you retain your own counsel so that both parties’ rights and interests are protected and fought for on even ground.

  1. Gather paperwork and documents

Documents such as pay-stubs, income tax returns, and recent bank statements are useful to have on hand. Other helpful documents include financial paperwork such as credit card statements, mortgage agreements, and statements from retirement and/or brokerage accounts. These documents will help an attorney ascertain where the income comes from and how assets will be divided.

  1. Protect your assets

Some individuals need to be careful about protecting their assets. If you are concerned that your spouse may try to take money from you, your attorney can and should issue an Automatic Restraining Order, to prevent either party from making unusual transactions, withdrawals, or take other steps that may harm you financially.

  1. Next steps

From here your attorney has two choices – to try and resolve the financials and custody issues amicably, or to ask that a Judge be appointed to the case to help you and your spouse.  If proceeding amicably and outside of the court, your attorney can set up a settlement conference with your spouse and his or her attorney. If you wish to go to Court, then your attorney will schedule a Preliminary Conference with the Court, during which you will meet the Judge selected for your case, who will make recommendations for settlement and oversee the process if a resolution cannot be reached.  Further, the Judge has the power at this point to direct that certain bills must be paid while the case is pending, how income should be shared between you and yourself, and who should pay the attorneys.

If you are looking for an experienced divorce lawyer to ensure that your rights are protected, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation, or e-mail us at jisaacson@sihllp.com

6 Tips for Being a Great Single Parent

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6 Tips for Being a Great Single Parent

Being a parent is not easy – especially when you are a single parent – especially when you did not used to be a single parent. Adjusting to being the only one taking (at least primary) care of your children can be a difficult thing. However, it is wonderful! Being a single parent is something to take pride in and find joy with, not to feel ashamed of. All parents know how difficult the child-raising process is and are blown away by those who do it alone.

Especially in the winter months, being a single parent can take some work. Here are our 6 tips for being the best single parent you can be:

Keep up with a budget. Set it up and keep it up! Making a budget is one of the best things any parent can do. Having a clear picture of all of your expenses and income allows you to set budget levels for things like entertainment and ordering food, which you can easily track over the course of the month. There are lots of helpful apps you can now integrate into this process instead of cracking open Excel spreadsheets!

Set routines in motion. Establishing a sense of normalcy is great for you and your children. Set up some healthy habits and make sure they keep happening every day. Waking up and going to bed at a usual time improves productivity and attitude, both of which allow you to do more in a day. Whether it’s Taco Tuesday or Movie Night, setting up routines is wonderful.

Don’t say yes every single time. Just because your child asks for it does not mean they need it. Your child will love you whether or not you buy them that toy, no matter what it may feel like in the moment. You don’t get everything you want every single time – and you’re doing pretty well – so they can get used to it too!

Find a support system. Being a single parent does not have to mean doing everything by yourself. Find a support system around you, whether it is composed of trusted friends, community members, or fellow single parents. Look at options for carpooling and after school care. Research any groups of single parents in your area – there are different ones that meet in every city in the nation. You don’t have to find a group that is already perfect – you can create or improve one!

Use tax breaks and financial resources. There are financial resources available to single parents that are not in place for couples. Research the tax breaks and funds that you can take advantage of to help your single parent budget.

Make time for yourself. It’s not all about your child. You need to make time for yourself too, even if it’s just taking a bath or keeping up with a show after you put them to bed. Consider finding a babysitter once a month to take yourself out for a date. Find some times, even if they may be few and far between, to put yourself first.

Being a single parent can be difficult, but it is rewarding. For any help with family law or dealing with life as a single parent, contact Sunshine, Isaacson & Hecht, LLC today! We can help fight for you and get you the support you deserve.

Getting Your Heating System Tuned Up? Be Aware of Potential Spills

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Getting Your Heating System Tuned Up? Be Aware of Potential Spills

It’s oil-heating season. Homes and businesses in New York and across the northeast U.S. are already dealing with the cold, and this calls for a tuneup of our heating systems. We absolutely advocate for a tuneup of your system to make sure there aren’t any unexpected disasters waiting for you when you turn on that heat for the first time in nearly a year or continue to crank it up in the days, weeks, and months to come.

What this generally looks like is having a technician come into your home or place of business to replace the filter and ensure the system is ready to go without issue. These are professionals who have done this hundreds of times (maybe even this year alone). Of course, this doesn’t mean mistakes don’t happen and you could end up dealing with a serious oil spill when you kick the system on if the new filter system fails or was installed incorrectly.

If you end up with a spill on your hands, it could set back your business or force you to move out of your home temporarily (or, in a worst-case scenario, permanently). Oil spills are serious situations, but you should know it’s not your job to pay the thousands and thousands of dollars it may take to clean it all up. Remember, under New York’s Navigation Law, the discharger of oil will be responsible for the spill, the cleanup, and all remediation necessary to remedy the situation (along with additional fees down line, if necessary).

Attorney Jeffrey Sunshine is Chair of the Environmental Law Committee of the Nassau County Bar Association and remains dedicated to handling oil spill cases. The attorney has extensive experience in winning cases for homeowners and business owners who need to protect their livelihoods from careless or even accidental mistakes that result in major oil spillage.

If your home or business is getting a system tuneup this winter, make sure you are hiring a technician or company you can trust. You should consider talking to others about who they hired and look extensively through reviews to make sure there’s a history of properly replacing filters and tuning up oil heating systems. In the end, if you still end up being exposed to a spill you should contact Sunshine, Isaacson & Hecht for unrivaled expertise and dedication to this area of law.

3 Tips for Dealing with an Insurance Adjuster Following an Accident

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3 Tips for Dealing with an Insurance Adjuster Following an Accident

For most drivers, car owners, and property owners who were unlucky enough to be involved in a car accident or have their home damaged, claims adjusters can be their best friend or their worst enemy. But it’s probably more than just that because dealing with the claims adjuster after a car crash can be a huge pain, especially if you aren’t acquainted with your legal rights. Insurance adjusters are the insurance company’s representatives, so they are the people who will largely determine whether or not or you will be compensated for any costs or losses following a car accident.

Since the claim adjuster is responsible for interviewing the claimant and other parties, what you tell him can make or break your claim. It is therefore important to be careful about any statements you make before the claims adjuster. If you admit fault, your insurance policy may even prevent the recovery of damages. Here are 5 tips to follow when dealing with an insurance adjuster after an accident to ensure you get paid the settlement offer you deserve:

1. Avoid giving a recorded statement.

If you think you may need a lawyer — you probably do.  When an insurance adjuster calls you, they may be recording your conversation and anything that you say can be used against you.

2. Avoid discussing your damages.

The insurance company can ask you about the injuries you suffered in the immediate aftermath of a car accident or the damage to your home.   All of the facts about your damages or injuries may not be realized yet. If hurt, you may not realize how badly until you’ve consulted with multiple doctors. If it is your home that is damaged, you may not realize that you not only need a plumber to fix the leak but also a painter to repair the wall after the plumber has finished.   By discussing your damages with the insurance company you may be limiting your ability to fully recover or recoup all of your damages simply because they have not yet been realized.

Additionally, if you accidentally miss important information or provide information that is not 100% accurate, you may lose your right to financial recovery.

3. Meet with a lawyer before agreeing to a settlement offer.

The insurer will almost always try to settle with you. However, until you talk to a lawyer, you should never accept a settlement offer.  Insurance companies are a business and they make money by paying as little as possible to their customers. They are trained to handle your claim — you should have someone on your side who is trained too.

Contact a Lawyer

If you are looking for an experienced lawyer to help you with your personal injury or property damage claim, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation, or e-mail us at jisaacson@sihllp.com.

6 Tips for Driving More Safely

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6 Tips for Driving More Safely

New York is in the middle of one of the harshest winters in recent memory, which is saying something. As a firm that practices personal injury law, we know just how dangerous getting behind the wheel of a vehicle can be. In the middle of winter, that danger increases tenfold.

The tough reality is that your safety is entrusted to drivers around you as much as it is to yourself. You cannot control the actions of others, however, so the most important thing you can do is to stay safe in your own car. The more cautiously you drive, the safer the roads will be for everyone else.

Safety starts with you. Here are our 6 tips for driving more safely:

Buckle Up! This is the first step and the most important one. It should go without saying, but the best thing that you can do to protect yourself and others is to buckle your seatbelt every time you get into a car. Whether you are driving across the country or just across a parking lot, buckling up can and will save your life.

Keep Your Eyes on the Road. On the road, distractions can come from anywhere – your phone, people in your car, people in other cars, accidents you pass along the way, trying to get the radio to work. Keeping your eyes forward and on the horizon is the best practice to make sure you are aware of what is around you and where you are headed.

Know Your Limits. It is hard to drive safely when you are not functioning properly and when the conditions outside are intense. Either of them can be deadly – the combination is miserable. If you are too tired, too emotional, or have been partaking of any substances, check yourself before you attempt to drive. Likewise, if you feel that you have to go somewhere but the weather seems too intense to travel, don’t risk it.

Forgive and Forget. Road rage is real. It is easy to get mad at other drivers, which in turn worsens your driving ability and perception of those around you. The best option is to forgive or ignore other drivers who cut you off or honk or zoom past you at a million miles an hour. Focusing on your own driving is far more rewarding.

Don’t Trust Anyone. Driving defensively and cautiously is the best practice at all times. Drive slower rather than faster, and don’t make any assumptions about what those around you are planning to do. You can only control yourself, and you cannot expect anyone else around you to behave in a rational manner.

Call for Help When You Need It. If you have been injured in a car accident, make sure to seek medical help if needed, document the scene, and obtain the insurance information of the other parties involved. If you need help with a personal injury case, contact Sunshine Isaacson & Hecht, LLP today. We fight for you, and we have the knowledge and experience that breeds success.

It’s Time To Take a Look at Your Insurance Policy

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It’s Time To Take a Look at Your Insurance Policy

Just about every adult has insurance policies for a wide variety of reasons – health insurance, dental insurance, car insurance, life insurance, pet insurance, renters insurance, and homeowners insurance. Our team wants to make sure you’re bringing that last one, homeowners insurance, into focus in the new year.

People tend to take out insurance policies without ever really understanding what they’re paying for. It’s easy to just take the cheapest policy required by your mortgage lender or that you feel comfortable paying for. Whether you’re taking your first real look at your homeowners insurance coverages or are taking this opportunity to review what you’re paying for, it’s important to understand what you need to look out for.

Weather and Natural Disaster Coverage

Weather events aren’t going away. A lot of New Yorkers think they’re protected in this corner of the U.S., but Hurricane Sandy sent a tough reminder that it’s always possible. Other events like severe snow and wind storms knock out power and leave damage to homes and businesses across the region every year. So, what does your insurance policy cover?

Most homeowners insurance policies include coverage for wind and hail damage, but you might be surprised to learn that flooding and hurricane damage often require separate policies. This means you may need to consider increasing coverage for the weather events that are covered by your policy while also obtaining other forms of insurance for the events that are not covered by your policy.

Coverage Should Reflect the Home You’re Living In

As you take a look at your policy, consider the home you live in today. You may not be covering the totality of your home which could mean you’ll be paying significantly more out of pocket should something happen to your home down the line, especially if you’ve made significant upgrades since purchasing the policy.

Do you live in a large home valued at $800,000 but are realizing your insurance policy only covers property damage up to half that amount? Is your home full of priceless possessions but your policy doesn’t have itemized coverage for any of those items? You will end up paying for any gaps in coverage should something happen to your home or the property within it.

A fact you need to understand is that your insurance company will likely tell you if you have too much coverage but will never tell you if you don’t have enough coverage. Lower coverage totals are assumed to be a choice.

Are You Exposed to Significant Personal Liability?

Whether you live in your own home or own a home that you’re renting out, your insurance policy should address the personal liability you would face if something happens on your property. If a renter or visitor is hurt and comes after you with a lawsuit, what does your insurance company cover for you? Natural disasters aren’t the only events that could hit your checkbook hard if your insurance policy doesn’t cover you.

At Sunshine, Isaacson & Hecht, we work with New Yorkers and insurance companies every day. Whether you’re facing personal liability from a renter at one of your properties or need to go after your insurance company for failing to pay out your claim, we can help. Contact our team for unrivaled expertise and dedication.

3 Benefits of Having a Prenuptial Agreement

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3 Benefits of Having a Prenuptial Agreement

Many people believe that you can drain the happy anticipation right out of your wedding plans by suggesting a prenuptial agreement with your intended spouse. However, by having one in place, you enjoy a level of protection that some spouses do not have as a result of your prenup. If you have not yet married and are afraid to raise the topic, consider another advantage: a properly drafted prenuptial agreement can also be a great tool for estate planning.

What is a Prenuptial Agreement?

A prenuptial agreement (“prenup” for short) is a written contract created by two people before they are married. A prenup typically lists all property owned by each individual (as well as any debts) and specifies what the property rights of each individual will be after the marriage. There are several benefits to having one in place, and we have outlined three below.

  1. Transparency of Ownership

It doesn’t have to mean that getting married or entering a de facto relationship will automatically share everything you own. An idea of what is shared between you and what remains solely your property is vital for you. A prenuptial agreement will clarify your property ownership, which can help set the rules and structure for your marriage, which will help avoid fighting over money! Talking about this can help you prepare your life together with your partner.  Every good marriage has transparency and honesty and this is a step towards that.

  1. Better Communication

While you may not perceive a prenuptial agreement as the best way to talk about things, talking about property and assets can actually benefit your relationship. Speaking and setting rules will force you to discuss topics that might otherwise be neglected.

In doing so, when you enter your marriage, you and your partner will benefit from having a clearer idea of each other’s mindset and beliefs. Therefore, writing a prenuptial agreement can be a strong start that helps open your relationship and ensures that you are on the same page as your partner. This can reinforce your relationship and increase the chances of a successful marriage.

  1. Future Benefits

Having this financial document at your disposal can save you and your partner a lot of stress in the future. A prenuptial agreement can ensure you leave friendly and stay civil in the case of separation because it can help avoid disputes over assets and property.  In our firm’s experience, the quickest and most amicable divorces are the result of a prenuptial agreement. It will ensure that you are protected individually and can secure important family heirlooms or assets.

Final Note

Many spouses keep separate bank accounts, thinking “this is mine and that is my spouse’s”. It’s common, and often allows one spouse to buy that expensive item that they might otherwise not want to purchase with the other spouse’s income.   The problem is that people do not realize that everything acquired during the marriage gets split up in the event of a divorce, even the money in “my” or “your” bank accounts.  If you want to keep any of your money separate from each other, for whatever reason, then you must have a prenup — otherwise, you are not actually effectuating what you set out to accomplish by separating some of your income or assets.

Our firm drafts prenuptial agreements regularly, and we make it a priority to keep everything light and amicable.  Just because attorneys are getting involved, it can be mutually beneficial to both spouses with the right team working for you.

Contact a Lawyer

If you are looking for an experienced lawyer to help you with your prenuptial agreement, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

How to Create an Oil Spill Expenses List

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How to Create an Oil Spill Expenses List

If your property has been damaged as a result of an oil spill, getting your life back to normal can be a very lengthy and costly process. While the entirety of your personal expenses should be covered by the responsible party, you will often have to shoulder a portion of the upfront costs of the damages. For all the money which you spend as the result of an oil spill, we recommend creating your own Oil Spill Expenses List.

Documenting your expenses leads to get them reimbursed much more quickly. Here is our list of expenses which you should include on your Oil Spill Expenses List:

  • Any money spent on clean-up, including major removal and small spots that require different attention
  • Any other money spent on remediation
  • Any money spent on supplies that were needed for dealing with the spill, such as protective clothing or equipment
  • Any money spent on hotel and travel expenses if you could not stay in your home
  • Any money spent on food if you could not cook at home during the spill
  • Any loss of profits if you were unable to work for some time following the spill
  • Any clothes that needs to be replaced after absorbing the smell of the oil
  • Any furniture that needs to be replaced after absorbing the smell of the oil
  • Any money spent on nature or landscaping if the land surrounding your home was damaged by the spill
  • Any value that your home property lost as a result of the spill
  • Any money spent on transportation if your vehicle was damaged as a result of the spill
  • Any money spent on any and all personal property that needs to be replaced after being damaged by the spill
  • Any money spent on attorney’s fees in your attempt to seek damages
  • And much more – if you can think of it, and you have spent money on it because of the oil spill, add it to the list

For all of these expenses, you should be creating a list with specific costs of each and everything involved. You should also be documenting the expenses. This can include holding on to receipts and taking photographs of damaged property that needs to be replaced. You can also hold on to rental agreements or hotel fees for your substitute property and any invoices you can create or receive. The more you document your expenses, the quicker and easier it is to get them reimbursed.

If your property in New York has been damaged by an oil spill, the discharger of the oil is responsible for all damages incurred. We know that the process of holding them responsible is not always easy, but it is their legal obligation under the Navigation Act. If you are dealing with an oil spill on your property, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success, and we fight for you!

Be Careful Who You Talk to About Your Personal Injury Case

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Be Careful Who You Talk to About Your Personal Injury Case

Personal injury cases can disrupt your entire life. The injury, the stress, the recovery – all of it will take time and careful consideration. Your physical and mental health take priority in any personal injury case, but preserving your case will be important to secure any financial compensation for what you are going through.

One of the risks to your case that often goes unnoticed is what you say about your case and who you say it to. Anything you say can ultimately be relevant to your case, regardless of who you tell it to (excluding those who are legally bound by confidentiality).

Talk to Your Lawyer Before Anyone Else

The most important aspect of this is keeping all details to yourself until you are able to talk to your lawyer. They will have the legal expertise to get an understanding of your situation and advise on what should happen next.

If you want to talk to someone about the incident but aren’t sure how that could impact your case, talk to your attorney first. We understand that talking to your loved ones about this will help you through this, so we’re not entirely worried about those conversations. We’re more concerned about conversations with others that could add risk to your case.

Keep Medical Conversations About Medical Information

It’s important to trust the advice of medical professionals in your recovery. Their expertise will be critical in physical and mental recovery during your personal injury case. With that said, your conversations with your doctor should be kept about relevant medical information.

Small talk is a part of the job for medical professionals. They need to make their patients feel comfortable, but questions about what exactly happened in your case and about the circumstances that led up to your injury generally aren’t necessary. Questions that allow them to get a better understanding of your injury are fair, but questions about what color the light was when you entered the intersection or whether you were checking your phone or anything similar are unnecessary and create risk.

Be Careful In Speaking With Potential Witnesses

Gathering the contact information of potential witnesses at the scene could help your case significantly if you or others are able to do so. However, the conversations you have with those witnesses could be crucial to your case.

Witnesses will only know what they have seen, but they may question what they’ve seen if you accidentally give them information that changes their impression of what just happened. They might think you were observing the speed limit but a comment such as “I can’t believe this happened to me, I was barely going over the speed limit” can completely flip a witness against you.

At Sunshine, Isaacson & Hecht, we take pride in preserving our clients’ cases and securing victories for those who have been wronged. We will help you navigate your case from the very beginning. You can talk to us.

5 Signs Your Dispute May End Up in Court

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5 Signs Your Dispute May End Up in Court

It can be professional and financially rewarding to run a business, but it also involves some risk. Millions of lawsuits are filed annually in US courts, with a significant percentage involving business disputes. In particular, contract disagreements are a frequent source of corporate litigation, accounting for approximately 60% of the annual civil cases filed.

Not all business disputes end up in court, but it’s time to call your attorney if you encounter any of these scenarios below.

1. They cut off all communication with you

Even if the other person makes unreasonable demands, there is a chance of talking things out and reaching an agreement as long as they respond to your calls and emails. When they stop answering but you know they didn’t give up, you can be reasonably sure they’re talking to a lawyer instead.

2. The other party refuses to compromise

The logical first step is to try to settle it out of court when a business dispute arises. For example, a customer is angry because you delivered your order late. You point out that your own supplier had a factory fire setting back production, but the customer doesn’t seem to care about it and even rejects a substantial discount on your offer. Instead, he is asking you to compensate him for the business loss caused by the order’s late arrival. If the customer refuses to compromise, it’s a sign they’re going to sue to get what they want.

3. You are reported to an external regulator

If you are reported to an entity that governs your profession, the other party will question your professional competence as well as your ability to resolve the dispute problem. Litigation is the next logical step in resolving the situation.

4. They tell you they hired an attorney

“You’re going to hear from my lawyer” is a frequent threat, but it’s not always announcing a lawsuit. It could just be an intimidation tactic. Nevertheless, such a warning should always be taken seriously. If they say they have actually retained counsel, contact your own lawyer.

5. You are served with a complaint and summons

You are no longer headed for litigation once you receive the paperwork – you are already there. While there’s always a chance to settle the matter out of court, if you haven’t already, you want to retain counsel now.

The best way to avoid an expensive and stressful lawsuit is to seek advice from an experienced attorney. Call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

8 Tips for Starting Your Business On the Right Foot

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8 Tips for Starting Your Business On the Right Foot

At Sunshine Isaacson & Hecht, LLP, one of the commercial litigation services we offer is advising new businesses. The market is tough, especially in New York, and the business decisions that define you most may be the ones you make before you even open your doors. Here are our 8 tips for starting your new business off on the right foot:

  1. Research Your Competitors

You can’t innovate without knowing what is already being offered by your competitors. Similarly, you won’t know what services or products you absolutely have to offer until you see what is most popular on the market.

  1. Choose the Right Structure For You

Choosing the legal structure of your new business is a very important decision, not least of all because it is difficult to change after the fact. Make sure you fully understand all the options and have the help of a good attorney to cover all the requirements for your chosen structure.

  1. Create a Business Plan

What separates good ideas from successful businesses is starting with a concrete Business Plan. Create an outline with realistic, if not overly cautious, figures of how much money you are planning to spend and earn getting your business from an idea to a functioning place. Plan for the unexpected.

  1. Secure More Money Than You Think You Need

Here’s a secret: starting a business often takes a lot more money than it should. When securing funds for your business, know that the bare minimum isn’t even going to come close to cutting it. Set your initial goal well above what you calculate it should be.

  1. Make Time For Life, Too

Maintaining a proper work/life balance is the secret to happiness. It is difficult even at the best of times, and sometimes it feels impossible when you are starting up a business. Remember to take time for your life. You don’t want to lose your business and then realize you have nothing else left.

  1. Look For Solutions

As your business gets started, you are going to run into a lot of issues. Become the sort of person who is perennially looking for solutions, rather than being frustrated by the issues. This mindset will pay off dividends in the long run.

  1. Tell the People What You’re Doing

What is the point of having the best business around if no one knows about it? If you are willing to spend money to get your business where it needs to be, then you should be willing to spend money on effective marketing to make sure that people know about it. People have to know what you’re doing to care about what you’re doing!

  1. Get Good Legal Help

Your business formation sets the tone for everything that comes after. If you want to start on the right foot, make sure you have a good attorney helping you choose your structure, close on a location, draft your contracts, and much more. For help with your new business, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

Need help today? Get in touch for a free case evaluation.

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