News
Gay Marriage in New York State: Issues and Repercussions
New York State has become the sixth state in the country to recognize same-sex marriage. The law in New York will confer state benefits to a gay couple, but not federal benefits, as the federal government has not recognized the right to same-sex marriage.
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College Costs Have Become Prohibitive and Must Be Carefully Considered in a Divorce Proceeding
It has become, to some extent, routine for parents to agree to be responsible for a child’s college education net of aid and grant at a state university. Such an approach may become problematic given the recent increase in costs, even in community colleges.
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Appellate Division Sanctions Attorney for Improperly Issued Subpoena of Husband’s Medical Records
Duval v. Duval June 28, 2011, Appellate Division, Second Department
The Appellate Division’s Second Department ruled in Duval v. Duval that a Nassau County attorney had improperly issued a subpoena requesting the husband’s medical records. The Appellate Division stated that the attorney had improperly issued a subpoena rather than requesting the husband’s written authorization to release the records as procedurally required. In addition, the Appellate Division stated that the subpoena was not timely served, thereby depriving the husband of the opportunity to try and quash it. The Appellate Division called the subpoena “frivolous and completely without merit.” It can be inferred from the record that the challenged conduct was designed primarily to harass and maliciously injure the defendant.
A sanction hearing has been scheduled.
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Appellate Division Reverses Custody Order in Favor of Father
Moran v Cortez June 7, 2011, Appellate Division, Second Department
In the matter of Moran v Cortez the Appellate Division took the unusual step of reversing the trial judges determination that the father should have custody. The Appellate Division held that the child’s schedule at the father’s home would have entailed getting up early in the morning, taking a forty-five minute trip by public transportation from Queens to Manhattan, being cared for in the father’s office for two hours, and returning home at 6:00 or 7:00 pm.
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In Need of a Mortgage?
Dovetail Funding Solutions, LLC
A reminder to those of you who are interested in purchasing a home or refinancing that Carl F. Wand, Esq. is a registered mortgage broker and is the owner of Dovetail Funding Solutions, LLC. We offer customized service in assisting you in refinancing your home, and with obtaining a mortgage in connection with the purchase of a new home.
You can reach Carl or Vicki Sweet, his operations manager, at 631-486-6275.
Mortgage rates remain low. The current fixed rate for a 30 year mortgage with credit scores over 740 is 4.375% (same terms 15 year is 3.5%). There are adjustments for cash out refinance, investment properties and lower credit scores. Consider a reverse mortgage for senior citizens who are "cash-poor."
"Reverse Mortgage" defined: A reverse mortgage is a loan that is available to persons 62 years and older who live in their home, and is used to release the equity in the property to the homeowner, in the form of monthly payments, a lump sum or a line of credit. Repayment is deferred until the owner dies or leaves, or the home is sold. In a reverse mortgage, the homeowner makes no payments and the debt on the property increases up to a pre-determined maximum amount.
