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Alimony and Divorce in New York

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Dealing with divorce can be unpleasant for both parties, especially when dealing with money issues. One primary topic that often arises is the topic of alimony, which is also known as spousal support. In New York, the rules of alimony are established by state law, so it’s important to know these laws if you are thinking about or when going through a divorce.

This article outlines the different types of alimony, who qualifies for it, how it is calculated, how long it lasts, what factors affect its amount in New York, and how an experienced alimony attorney can help you understand your legal options.

Types of Alimony in New York

In New York, there are several types of spousal alimony that are designed to meet the various needs of a spouse during and after a divorce:

Temporary Alimony: This type of support is awarded during the divorce process and is intended to help the lower-earning spouse temporarily maintain a similar standard of living. This type of alimony is usually granted until a final settlement is reached. While the divorce is pending, a pendente lite support order in New York ensures that child support is paid. This temporary order includes the amount that is either agreed to by both parties, or is ordered by the court.

Post-Divorce Alimony (Maintenance): This type of support is awarded after the divorce is finalized and can be either permanent or for a specified duration. The court may determine that this type, based on various factors, including the length of the marriage and each spouse’s financial situation, whether the recipient can become self-supporting, and how long it may take the recipient to obtain the needed skills to do so.

Rehabilitative Maintenance: Aimed at helping a spouse re-enter the workforce, rehabilitative maintenance is typically granted for a limited time to assist the recipient in gaining the necessary skills or education to become financially independent.

Eligibility for Alimony in New York

So, what is eligibility to receive alimony based on? Eligibility for spousal maintenance in New York is not solely based on financial need – other factors are considered:

  • Marriage Duration: Generally, longer marriages are more likely to result in an award of alimony.
  • Financial Disparity: A significant difference in income and earning potential between the spouses can influence eligibility.
  • Contributions to the Marriage: Contributions may include homemaking, child-rearing, or supporting the other spouse’s career advancements.
  • Age and Health: The age and health of both spouses are also considered, particularly if one spouse is unable to support themselves due to medical conditions.

Calculating Alimony in New York

The calculation of spousal maintenance in New York is not as straightforward as simply applying a formula – it involves a combination of guidelines as well as the unique circumstances of the case. New York utilizes Maintenance Guidelines and a New York state maintenance calculator, which help in determining the presumptive amount and duration of alimony.

Presumptive Amount: The basic calculation involves taking 30% of the higher-earning spouse’s income and subtracting 20% of the lower-earning spouse’s income to arrive at a presumptive maintenance amount.

The Joyce Factor Adjustment: The court may adjust this amount based on circumstances, which include the recipient spouse’s needs, the payor spouse’s ability to pay, the standard of living during the marriage, and other relevant considerations.

Duration of Alimony in New York

The duration of spousal maintenance in New York varies significantly based on the type of alimony awarded and the circumstances of the marriage. Temporary maintenance lasts until the divorce is finalized, while post-divorce maintenance can be either for a specified term or indefinitely. Permanent alimony/maintenance is rare and generally applies to long-term marriages, often exceeding ten years.

In July 2015, New York instituted specific guidelines to help define the duration of maintenance based on the length of the marriage. For marriages of less than 15 years, the duration is a formula based on the length of the marriage. For marriages of 15 to 20 years, the court may award maintenance for up to 50% of the marriage’s duration. For marriages that lasted more than 20 years, maintenance may be awarded indefinitely or until the recipient remarries.

Factors Considered in Maintenance Determination

Various factors influence a judge’s decision when determining alimony in New York. Some of the key considerations include:

  • The length of the marriage
  • The age and health of both spouses
  • The income and property of each spouse
  • The needs of the dependent spouse
  • The standard of living established during marriage
  • The contributions made by each spouse to the marriage including home making and child-rearing responsibilities.
  • The time and expense needed for the recipient spouse to acquire education or training for employment.

New York Alimony Attorney

Understanding spousal maintenance in New York state is often found to be a challenging task. Experienced alimony attorneys understand how to plan for life after divorce, and they can help make your case for financial support while ensuring that you are treated fairly throughout the process.

Bedsores or Pressure Ulcers Can Lead to Serious Infections

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Pressure ulcers, commonly known as bed sores, are localized injuries to the skin and underlying tissue that occur due to prolonged pressure on the skin. They are a significant concern in healthcare settings, particularly for individuals who are confined to beds or chairs for extended periods. This includes elderly patients in nursing homes and people in hospice.

Bedsores are not only painful but can also lead to serious infection if left untreated. Understanding the stages of pressure ulcers, their causes, risks, and effective prevention strategies is crucial to ensuring the health and well-being of at-risk individuals. This is especially true for healthcare workers who take care of hospice and nursing home patients who are confined to their beds.

Stages of Pressure Ulcers

Pressure ulcer stages typically indicate the severity of the injury incurred:

Stage 1: The skin appears red and does not turn white when pressed. This stage is the beginning of skin damage and may be painful to the touch.

Stage 2: The ulcer extends into the skin layer, resulting in a shallow open sore or blister. The area may ooze or appear moist.

Stage 3: The ulcer deepens and may extend into the subcutaneous fat layer. The wound may have a yellow or white dead tissue layer, and there is a risk of infection at this stage.

Stage 4: This is the most severe stage, where the ulcer extends beyond the fat layer into muscle, bone, or supporting structures. There is a significant risk of serious infections, which can lead to systemic complications.

Causes and Risk Factors

Several factors contribute to the development of pressure ulcers, particularly in individuals with limited mobility.

While early-stage ulcers may heal relatively easily, the risk of infection escalates significantly as the ulcer worsens. The presence of dead tissue and the access points created by an open sore make it easier for pathogens to invade the body.

Primary causes and risk factors include:

  • Immobilization: Prolonged sitting or lying down can lead to increased pressure on certain body areas.
  • Poor nutrition: Malnutrition impairs skin integrity and delays healing.
  • Moisture: Excessive sweating or incontinence can lead to skin breakdown.
  • Age: Older adults typically have thinner skin, making them more susceptible to pressure sores.
  • Medical conditions: Conditions such as diabetes, vascular disease, or neurological disorders can affect blood flow and sensation, increasing risk.

Signs and Symptoms of Infected Pressure Ulcers

  • Increased pain or tenderness around the ulcer
  • Redness and swelling
  • Pus or foul-smelling drainage
  • Fever or chills
  • Delayed healing or increased size of the ulcer

If any of the above listed signs are observed in infected bed sores, it’s essential to seek medical attention promptly to prevent the infection from spreading.

Bedsore Prevention Strategies

Preventing bedsores is crucial, especially for those at substantial risk for infection. Here are some effective bed sore prevention strategies:

Frequent position changes: Encourage individuals to change positions every two hours while in bed, and more frequently if sitting in a chair is recommended.

Use pressure-relieving devices: Using special mattresses, cushions, and pads may reduce pressure on vulnerable areas.

Maintain skin hygiene: Keep the skin clean and dry and, if applicable, apply moisturizer to keep the skin supple.

Balanced nutrition: Ensure that the patient is intaking a diet that’s rich in vitamins and proteins to support skin health and healing.

Regular skin assessments: As a caregiver, be sure to check the skin frequently for any signs of redness or breakdown.

Urging and Helping Residents to Move

For caregivers, one of the most critical aspects of preventing pressure ulcers is by helping residents to move, either in or out of bed. For residents who are able, encourage them to engage in light physical activity. Simple movements may stimulate blood flow and reduce pressure points.

For those with limited mobility, assist them in changing positions or getting out of bed. Teach residents and their families about the importance of movement and how to recognize early signs of pressure ulcers.

Understanding bedsores and their causes, stages, and prevention strategies is essential for maintaining the health and well-being of vulnerable individuals. By proactively addressing the risk of pressure ulcers, caregivers can not only improve residents’ quality of life but also significantly reduce the risk of serious infections.

Consult with an Elder Neglect Lawyer

If you suspect that a caretaker or nursing home has been negligent and has contributed to or caused a loved one’s untreated bedsores, an elder neglect lawyer can help determine if you have grounds for a lawsuit. Although the process may be complicated, experienced nursing home abuse lawyers in your area can help simplify the process.

To speak with one of our nursing home neglect attorneys, call us at 718-523-1111 or request a free consultation.

 

How to Handle Injuries Due to a Fall from a Nursing Home Bed

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Falls from a bed in a nursing home can cause serious harm to elderly patients. If your loved ones have experienced such a fall, it’s important to know how to respond quickly. Nursing homes are responsible for providing safe care, and understanding your rights can help you seek justice if negligence is involved in a patient fall.

Taking action quickly after a patient fall can make all the difference in the outcome. A nursing home abuse attorney can help you understand your legal options for seniors who fall out of a nursing home bed. Here’s what you need to do immediately after learning that a patient has fallen from a nursing home bed.

Seek Medical Attention

The first step is to get medical attention for the fallen right away. Even if the injury seems minor, falls in nursing homes can lead to hidden problems such as fractures or even head trauma. A medical professional should assess the fallen patient to make sure that they receive proper treatment.

Document the Incident and Gather Evidence

The next thing to do is document the fall. If possible, take pictures of the bed, bedding accessories, and the surrounding area. Take note whether bed rails were in place or if there were any faulty equipment issues. Gathering evidence is crucial for a strong case for nursing home abuse injuries. This includes medical records, witness statements, and documentation of the details of the fall. A nursing home abuse attorney near you can help collect and organize this information for your case.

Causes of Nursing Home Bed Falls

Many factors can contribute to an elderly person falling out of bed. Understanding these causes can help determine if you should consider a negligence lawsuit against a nursing home.

Lack of Bed Rails and Improper or Faulty Equipment

Bed rails are meant to prevent patients from rolling out of bed. If bed rails are improperly installed or missing, the risk for a fall increases. The lack of proper rails is often a major factor in nursing home abuse lawsuits.

Faulty equipment, such as broken beds or malfunctioning lifts, can also lead to falls. Nursing homes must maintain equipment to prevent accidents. A fall caused by faulty equipment being utilized by the residence may justify a negligent lawsuit against the nursing home.

Lack of Supervision for Medical Conditions or for Patients Taking Medications

Inadequate supervision is another common cause of falling in a nursing home. Patients with mobility issues or a history of falls should never be left unsupervised. A nursing home abuse attorney can investigate whether poor supervision contributed to a fall.

Some patients are at a higher risk of falling due to medical conditions or the side effects of medications. A proper care plan for fall risk should account for this instance, with regular monitoring and supervision. If this type of monitoring has been overlooked, it may lead to a nursing home fall lawsuit.

Legal Rights of the Injured Patient

If a loved one falls in a nursing home, they have certain rights to protect them, including the Right to Safe Living Conditions. Understanding these rights is important when seeking legal action with nursing home abuse attorneys.

Patients who live in a nursing home have the right to live in a safe environment. This includes proper supervision, well-maintained equipment, and care plans to meet their needs. If these rights are violated, you may be able to sue the facility for negligence.

Understanding Nursing Home Negligence

Negligence in nursing homes occurs when the facility fails to provide proper care, which can lead to injuries. This can include failing to prevent falls, improper staffing, or neglecting a patient’s needs. Nursing home abuse attorneys can evaluate if negligence caused your loved one’s fall and guide you in filing a nursing home lawsuit.

Consult with a Nursing Home Abuse Attorney

If you suspect that the Nursing home or caretaker may have been negligent, consult with a nursing home abuse attorney. An attorney for nursing home abuse will help determine whether you have grounds for a lawsuit. Many people wonder if it’s difficult to sue a nursing home for a patient fall, but filing a claim is not usually the hard part of the process, rather proving that the Nursing Home had been negligent is typically more difficult. While the process can be complex, skilled nursing home abuse attorneys near you can make the process much smoother.

How Long Does It Take to Get a Divorce in NYC?

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A divorce in New York City can often take anywhere from a few months to over a year to become final. How long a divorce takes is dependent on whether it’s a contested or is an uncontested divorce. Understanding the basics of divorce in NYC and working with a NYC divorce lawyer may help you get through this process without too much stress.

Divorce follows a specific legal process. You first must file divorce papers in NY with the court. New York allows for both fault-based and no-fault divorce, but filing for a no-fault divorce in New York, where no one is blamed, can speed up the process a bit. Either way, securing a lawyer who specializes in NYS divorce law is commonly recommended.

Factors that Affect Divorce Duration

Several factors can affect how long a divorce will take in NYC. These factors include the type of divorce, child custody, division of assets, and the level of each party’s cooperation. Each divorce case remains unique, and the time that it takes to reach finality typically depends on the following points.

Uncontested vs Contested and Division of Assets

There are two primary types of divorce in New York, which include contested and uncontested divorces. An uncontested divorce in NYC is typically a much quicker process than a contested divorce. The type of divorce plays a significant role in how long it will take for a divorce to become final.

An uncontested divorce simply means that both parties agree on all terms, such as property division and custody. Uncontested divorce in NYC is the quickest option. A contested divorce happens when couples disagree on key issues. This type of divorce can drag on for months or even years.

Cooperation between both parties plays a vital role in how quickly a divorce is finalized. If both spouses agree on the terms, the divorce will move faster. If there’s constant disagreement, it can often significantly delay the case.

The division of assets also impacts how long a divorce may take. New York is an equitable distribution state, meaning that property and assets are divided fairly, but this doesn’t always mean equally. Disputes over finances can add months to the process, especially if significant assets are involved.

When child custody is entangled in the proceedings, a divorce often takes longer to finalize. Custody disputes commonly require additional court hearings, where the court will prioritize the child’s best interests, which usually complicates the process. If both parties can’t agree on the child’s best interests, the divorce process may be delayed.

Residency Requirements in NYC

Prior to filing for a divorce in NY, at least one spouse needs to meet the residency requirements in the state. Typically, one spouse needs to have lived in the state for a minimum of at least one year. This requirement must be met before you can start the divorce process.

Expedited Divorce Options

While it’s impossible to get an immediate divorce, New York does offer ways to speed up the process. Filing for an uncontested divorce is one of the quickest options. If you’re wondering “how to get a divorce in NY immediately,” securing an uncontested divorce attorney is typically the best approach, as this type of divorce commonly avoids court battles to save both parties a combination of both time and money.

Hiring a New York City divorce lawyer may greatly impact how long a divorce will take. Working with an experienced attorney often streamlines the process and helps you to avoid common pitfalls. A professional NYC divorce lawyer will represent your best interests during this process.

Role of a Divorce Attorney

A good divorce lawyer in Queens, NY will help guide you through the legal process when seeking a divorce. Lawyers help in complex cases, such as those involving child custody or high-value assets. If you’re considering a divorce in New York, finding the best lawyer for an uncontested divorce can often help shorten the process. New York state divorce attorneys will explain your rights to you and help avoid unnecessary process delays.

How Are Assets Divided in a New York Divorce?

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How Are Assets Divided in a New York Divorce?

Divorce in New York can be complicated, especially when it comes to dividing assets. It doesn’t much matter if you are dealing with common law marriage in New York or a traditional marriage. Working with a lawyer who specializes in New York divorce laws is well worth the investment to make sure that the marriage property is divided fairly.

Overview of Asset Division in New York Divorces

New York is an equitable distribution state, meaning that assets gained during the marriage must be divided fairly but not necessarily equally. In other words, the assets in a domestic partnership in NYC might not be split 50/50.

What Is Equitable Distribution?

Equitable distribution is part of the legal process of dividing assets during a divorce in NY. Unlike some states, New York does not automatically split marital property in half. Instead, the court considers various factors to determine a fair division in a NYC divorce.

New York’s Equitable Division

The process of dividing marital property is governed by New York divorce laws. Marital property includes any assets gained while married, such as real estate, bank accounts, and retirement accounts. Separate property isn’t subject to division, such as assets owned before marriage or gained by inheritance or gift.

Classifying Marital vs. Separate Property

Determining what is marital property versus separate property can be challenging. For example, a joint investment account opened during the marriage is typically considered marital property. However, if one spouse had a retirement account before marriage, it may be classified as separate property.

Factors Influencing Asset Division

The court looks at the marriage length, the earning potential of each spouse, and any other contributions. For example, if one spouse stayed home to raise children, that contribution is considered when dividing assets. Additionally, NY common law marriage rules may be applied if a couple has lived together for a lengthy period of time.

Income, Duration of Marriage, and Contributions

Income levels, the duration of the marriage, and each spouse’s contributions are critical in determining asset division. For example, if one spouse significantly out-earns the other, the court may award a larger share of assets to the lower-earning spouse. Similarly, a longer marriage may result in a more equal division of assets.

Handing Complex Assets in Divorce

Dividing complex assets, such as businesses or investments, requires careful consideration. For example, businesses owned by one spouse may need to be valued to determine what portion, if any, is marital property. Splitting joint investment accounts in divorce can also be complicated and may require expert valuation of NYC marriage records.

Businesses, Investments, Retirement Accounts, and Real Estate

Complex assets require specialized legal and financial advice. These assets may be subject to division. For example, a business that started during the marriage would likely be considered marital property. However, a retirement account opened before the marriage may be treated as separate property.

Prenuptial and Postnuptial Agreements

These agreements outline how assets will be managed in the event of a divorce. If a couple has a prenup agreement, it can override New York State divorce laws and provide a clear plan for asset division. In the absence of such an agreement, the court will commonly rely on equitable distribution principles.

Resolving Disputes Over Asset Division

Disputes over asset division are common in New York divorces. Mediation or arbitration can help resolve these disputes without going to court. However, litigation may be necessary. New divorce laws in New York emphasize the importance of resolving these disputes fairly.

When and How to Litigate Asset Disputes

Litigation becomes necessary when couples cannot agree on how to divide their assets. This process involves presenting evidence to a judge, who will make a ruling based on New York State divorce law. Securing a knowledgeable attorney who specializes in NYS divorce laws is crucial in cases such as these.

Importance of Legal Guidance in Divorce Cases

An experienced attorney can work with you to help you understand your rights, complete the necessary NYS divorce forms for assets and liabilities and advocate for a fair division of assets. The right legal support can often make a substantial difference in dividing assets in a divorce.

Are NYC Nursing Homes Liable for COVID-19 Deaths?

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The COVID 19 pandemic hit New York City particularly hard, and nursing homes were among the most affected. Families across the city faced heartbreaking losses as the virus spread rapidly through these facilities. Many are now questioning whether NYC nursing homes are liable for COVID 19 deaths. Understanding the law and how it impacts nursing home negligence and liability is crucial for families who are seeking justice.

COVID-19 in NYC Nursing Homes

Coronavirus posed a significant threat to nursing homes and their residents due to the large elderly population. Despite following CDC nursing home COVID guidelines, these facilities experienced high rates of infection and fatalities. In New York, nursing home deaths due to COVID-19 sparked widespread concern.

What Is Nursing Home Liability?

Nursing home liability is simply the legal responsibility that nursing homes have for the health and safety of their residents. If a resident suffers harm due to negligence or failure to follow proper care protocols, the facility may be held liable. This includes any cases related to COVID-19 deaths in New York.

New York’s Legal Protection for Nursing Homes

New York passed legislation that offered certain protections to nursing homes and other medical facilities in America. This law, known as the Emergency or Disaster Treatment Protection Act (EDTPA), shielded nursing homes from liability for COVID-related negligence. However, this protection was later repealed, opening the door for additional COVID-related lawsuits against nursing homes.

COVID-19 Deaths: Key Liability Issues

Key issues surrounding nursing home COVID lawsuit settlements include the adequacy of infection control measures, the availability of personal protective equipment (PPE), and the staffing levels at the facilities. These factors play a role in determining whether a nursing home was negligent. Proving nursing home negligence in these cases requires a thorough investigation into the facility’s actions.

Role of Negligence in Liability

Negligence is central to nursing home liability cases. Families must demonstrate that the facility failed to meet the standard of care expected and that it led to harm or death. In the context of COVID-19, this could involve inadequate infection control measures, failure to isolate infected residents, or neglecting to follow CDC nursing home COVID guidelines.

Recent Lawsuits and Legal Precedents

While some COVID 19 lawsuits have resulted in settlements, others are still pending in court. The outcomes of these cases could set important legal precedents for future claims. In particular, cases involving nursing home wrongful death and COVID deaths in New York are being closely watched by legal experts.

Family Rights and Legal Options

Families who have lost a loved one to COVID while placed in a nursing home can seek legal action. A lawyer with nursing home negligence experience can help families understand their rights. Legal options may include pursuing wrongful death in a nursing home claim or seeking compensation through nursing home COVID lawsuit settlements.

What Are the Elements of a Negligence Claim?

A negligence claim against a nursing home typically requires proving four key elements: duty of care, breach of duty, causation, and damages. Providing these claims is vital for lawsuits against nursing homes. Nursing home negligence attorneys near me can provide guidance on how to prove nursing home negligence.

Steps for Filing a Lawsuit

Filing a lawsuit against a nursing home involves various steps. Families must gather evidence, including medical records and eyewitness testimony. It’s also important to reach out to a nursing home negligence attorney who specializes in COVID-related cases. After filing the lawsuit, the case may proceed to settlement negotiations or go to trial.

Legal Recourse

Compensation may cover medical costs, funeral expenses, and other damages. A successful lawsuit may also prompt improvements in how nursing homes manage future health crises, reducing the risk of similar tragedies. Attorneys who are experienced with nursing home negligence will work with you and guide you every step of the way.

Partner with a Nursing Home Negligence Lawyer

If you or someone you know has been affected by COVID deaths in New York nursing homes, it’s essential to partner with a nursing home negligence lawyer. These attorneys have the experience needed to handle the complexities of COVID 19 lawsuits and can help families seek justice.

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