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WINTER 2005 NEWSLETTER
WE ARE PLEASED TO ANNOUNCE THE EXPANSION OF OUR FIRM. AS YOU WILL NOTE THE FIRM NAME HAS CHANGED TO TAUBMAN KIMELMAN & SOROKA, LLP TO REFLECT THE ADDITION OF OUR NEW PARTNER MARK STEVEN SOROKA.
MARK BRINGS EXPERTISE IN THE AREAS OF LABOR, BANKRUPTCY, REAL ESTATE, DIVORCE AND FAMILY LAW. WE HAVE ALSO ADDED A NEW ASSOCIATE TO THE FIRM, ANTONETTE MILCETIC.
WE ALSO WELCOME AS NEW CLIENTS, ALLIED BUILDING INSPECTORS, LOCAL 211 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS (AFL-CIO) and SANITATION OFFICERS ASSOCIATION, LOCAL 444 OF SERVICE EMPLOYEES INTERNATIONAL UNION (AFL-CIO).
WE ARE ALSO PLEASED THAT CHARLES LAVINE, OF COUNSEL, TO OUR FIRM HAS BEEN ELECTED TO THE NEW YORK STATE ASSEMBLY
RECENT CASES OF INTEREST
VERDICT OF OVER TWO MILLION DOLLARS FOR SLIP AND FALL ON SUBWAY PLATFORM
A Bronx Jury has awarded over $2,000,000 on behalf of our client who was severely injured as a result of falling due to a defective condition on a subway platform. The jury found the transit authority negligent in not repairing the condition.
HEALTH HOSPITAL WHISTLEBLOWER GETS JOB BACK PLUS $100,000 IN DAMAGES
A maintenance worker who worked with the Health and Hospital Corporation was reinstated and paid damages after he was fired in retaliation for accusing his supervisor of storing confidential medical files in his apartment building and ordering him to do carpentry on his supervisor's private project during work hours.
FEMALE CORRECTION OFFICER RECEIVES $135,000 FOR SEXUAL HARASSMENT
A female NYC Correction Officer received a settlement of $135,000 based on sexual harassment by her direct supervisor for lewd remarks and unauthorized touching.
IMPORTANT INFORMATION CONCERNING FILING FOR DIVORCE
With approximately sixty (60%) percent of all marriages ending in divorce, our clients should be aware of certain important rights and responsibilities in the divorce process. The important issues that need to be resolved as part of the divorce process are the custody, visitation, and support of the minor children (under 21 years of age), and the split of the marital assets and support of a non-working spouse. Although the law provides some guidance in the setting of child support and the split of marital assets, there are many grey areas for which you will need the assistance of an experienced attorney.
In the case of the responsibility of the non-custodial parent for support of the minor child or children, the law provides guidelines that require the non-custodial parent to pay 17% of income for one child, 25% of income for two children, 29% of income for three children, 31% of income for four children and no less than 35% of income for five or more children. Deducted from income before applying these percentages are FICA and City Tax payroll deductions, unreimbursed employee business expenses, maintenance actually paid and child support actually paid on behalf of children from other relationships. Although these amounts seem relatively easy to calculate, it is when you go beyond support to calculating responsibility for medical costs uncovered by health insurance, child care costs when the custodial parent works, school tuition, and custody and visitation issues where the only standard is the best interest of the child, when experienced counsel is essential. Especially in the areas of child care and school tuition, which are calculated on top of the above percentages of income and can increase child support costs by tens of thousands of dollars per year above guidelines.
In the case of the split of marital assets, many people do not realize that their pensions, professional licenses and even educational degrees if earned during the marriage are marital assets subject to being split in the divorce. Although difficult to calculate, these assets can have great value. Also of importance is safeguarding those assets that are not marital property and can be protected from being split in a divorce. These include the proceeds from a personal injury claims, inheritances and property owned by a party prior to the marriage. However, the protected property can become marital property if you are not careful in keeping it separate. It is therefore again essential to have experienced counsel to guide you. To protect the interests of our clients, Taubman Kimelman & Soroka, LLP has set up a department of our firm to guide and advise our clients in divorce and other family law matters. Heading this department is partner Mark Soroka who has more than twenty years of experience in this area. If you need advice and guidance in this area, please call for an appointment.
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