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Buffalo Legal Issues Blog

What will be considered in a child support hearing in New York?

Family law and divorce proceedings can be complicated by many issues, but at their core the courts that handle these legal issues seek to protect the best interests of the children who will be affected by their decisions. That means that when it comes to matters of child custody and support, courts will look at many factors relevant to the parties and their children to make reasonable decisions. This post will address some of the factors that may be evaluated when courts consider requests for child support in general, but as with all legal matters readers should not use this post as a basis for any legal action regarding their own child support matters.

In New York a set of statutorily established guidelines provide a basic framework for how much child support a parent should be required to pay for the benefit of their child. However, it is possible for courts to allow for deviations from those guidelines if individual cases warrant such action. For example, if a child has special needs that require more financial support from a paying parent than is allowed through the guidelines, a court may raise the payments the parent is required to pay to accommodate the child's needs.

Important business law terms in a partnership agreement

A partnership is a popular form of business structure for Buffalo residents to use when they are establishing their new business entities. A partnership requires more than one owner and generally will be governed by the partnership agreement that the partners make at the outset of their venture. This post will address some of the terms that a partnership agreement should include, but as with all legal matters, readers are reminded that independent legal counsel should be sought for advice on specific business law matters.

A partnership agreement should name the partners to the entity as well as the name that they have chosen for their venture. The agreement should dictate what authorities the partners have, and if there are any powers that they will not share who will hold each of those powers independently. Additionally, the agreement should make clear how the partners will profit from the successes of their entity or, if necessary, the partners will cover the losses of the partnership.

Should you consider a prenuptial agreement?

It is hard to find the person you want to spend your life with. Now that you have, you feel lucky, and you cannot wait to start your life together. You have heard of prenups, but you are not sure it is the right decision for you and your future spouse. Here are four reasons to sign a prenuptial agreement.

 

Now is a good time to get estate planning documents in order

The New Year is right around the corner and residents of Buffalo may be busy making resolutions and plans for 2019. While most people will focus on making changes to their lifestyles that will introduce health and happiness into their lives, everyone should be taking into account an important consideration about the future: their estate plan.

Most people have heard of estate planning and some may even know something about it. A select group of others may have wills in place and others may have more complex plans developed for the protection of their assets. In general, an estate plan is a set of documents that instructs others of how to distribute a person's assets after that person passes away, what kind of end-of-life care the person wants, and who should make critical health care and financial decisions if the person becomes incapacitated.

What is necessary for a business contract to be valid?

Individuals who operate businesses in Buffalo may be aware of how pervasive contracts are in their industries. Whether they run restaurants or shops, engage in corporate or financial undertakings or endeavor into other lucrative fields, business owners cannot thrive if they do not have strong contracts in place. These can exist in the agreements they create with their employees and vendors, in the leases they sign for the use of physical space and tech-based products and a myriad of other arenas related to their particular fields.

At its core, though, a contract is simply a promise by the parties to do or not do something. A contract is formed when one party makes an offer to another, and the receiving party accepts the offer or makes a counter-offer. Once an offer or counter-offer is accepted the parties may decide what form of compensation will be given for the performance of the offeror's promise and what penalties may be used to sanction any parties that fail to follow the agreement's terms.

Many factors will influence the outcome of a custody hearing

One of the most challenging aspects of ending a marriage is managing the emotional and physical well-being of any children who may be affected by their parents' split. In New York, parents can seek physical and legal custody of their kids and based upon the needs and interests of those children, family law courts can establish parenting plans to accomplish those ends. However, as every child will present different priorities, it is imperative that courts look at many factors before making custodial determinations.

Courts will investigate the fitness of the parents to serve as physical and legal custodians of their kids. This can include assessments of their physical and mental health, and can also include reviews of their prior drug or alcohol use and abuse. Any histories of sexual, physical, and emotional abuse may be considered at custody hearings.

Why does everyone need an estate plan?

A Buffalo resident who is just establishing their career or who has not taken the plunge into marriage or parenting may not feel as though an estate plan is important for them to create. Even individuals who care for dependents may not worry about the future of their estates if they perceive their incomes and property holdings to be minimal. These assumptions are generally not accurate, and it is to the benefit of individuals of all life scenarios and financial stations to create estate plans that reflect their wishes and desires.

This is because the failure of a person to create an estate plan can financially deplete their estate and may give their assets to individuals who the decedent never intended to benefit. Property that is not designated to others through certain testamentary documents must be probated at the probate process can be a cumbersome undertaking. Additionally, property that is not identified as the inheritance of named parties may pass according to the state's laws of intestacy.

How do I start a probate in Erie County?

If you recently lost a parent or other loved one, you probably wonder what to do next. You know your family needs to do something with the estate, but you may not be sure what that is, exactly. Perhaps your loved one told you that he or she named you as executor in the will, and you need to know what that means. Here are a few steps to help you get started with a probate in Erie County:

Spousal support may be an issue in your divorce

Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family's children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may decide that everyone will be better off if he gives up his job to provide care to their children.

Because of these and other balancing needs in families, individuals may arrive at the decision to divorce with very different financial perspectives. The mother in the scenario above may have a good job and high earnings, but the father may not have any leads on employment when his marriage comes to its end. As partners make different contributions to their relationships and sacrifices to support each other, financial obligations between former spouses can endure even after divorces are finalized.

What is a business merger?

It can be hard for a New York business to get going and find success in its first years of operation. An estimated half of all new small businesses close within their first 5 years. It can be hard for some business owners to keep fighting for their dreams when it seems as though the world is stacked against them. However, complete closure is not the only end that a small business may face. If there is interest, a business may be approached about participating in a merger.

While it is usually mergers between big companies that make the evening news, mergers can happen between smaller, local entities. A merger happens when two businesses agree to join together into a single business. A merger may involve one company buying another and folding its operations into the purchaser's operating scheme, but this is often referred to as an acquisition.

Cohen & Lombardo, P.C.

4140 Sheridan Drive
Amherst, NY 14221

Phone: 716-262-8428
Fax: 716-881-2755

343 Elmwood Avenue
Buffalo, NY 14222

Phone: 716-262-8428
Fax: 716-881-2755
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