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DWI Defense Blog for Newburgh, New York

Options for enforcing child support in New York

Obtaining a child support order during divorce proceedings may seem easy enough, but enforcing that order can be a whole other issue. While there are parents who will abide by child support orders, there are also those who, for one reason or another, fail to make payments. As custodial parents depend on these payments to care for their children, the state of New York has enforcement policies in place.

The Division of Child Support Enforcement was specifically created to ensure custodial parents are receiving the funds they need for basic needs of any covered children, such as housing, food and clothing. When a noncustodial parent falls behind on payments or simply fails to make payments from the onset of a child support order, a number of actions can be taken to retrieve the overdue funds. Some of these include:

Collecting Social Security benefits after divorce

Figuring out finances for post-divorce life can be a challenge. There is no questioning the financial strain some may feel when dividing assets and losing household income in a divorce. For New York residents who are heading into their retirement years, Social Security benefits can help ease the monetary strain, but, are all former spouses eligible to receive these benefits?

Believe it or not, an ex-spouse may be entitled to Social Security benefits based on his or her former husband or wife's employment history. This is not granted to everyone and certain requirements must be met before these payments will be processed. Some of the factors that are considered include the length of the marriage, the age of the spouse requesting the benefit and the requesting individual's current marital status.

Prenuptial agreement basics; what New Yorkers need to know

There is often a lot of confusion about prenups, including what can be included and who these documents can actually help. The simple truth is that a prenuptial agreement can be an effective tool for any marriage -- if it is properly formulated. For New York residents who are about to tie the knot, here are a few basics about prenuptial agreements.

As mentioned in a previous post, prenuptial agreements do more than simply protect finances. While protecting assets is an important part of a prenup, other concerns also come into play. Those who fall into one of the following categories may also benefit from creating a marital agreement:

Child support inflation adjustment coming soon

For divorced parents in New York, child support issues don't go away until children are ready to go out and conquer the world on their own. Child support can be a stressful topic, especially in tough financial times. For those currently struggling to meet their support obligations, a planned inflation adjustment isn't necessarily going to make things any easier.

Child support inflation adjustments are scheduled to occur every two years. The next scheduled adjustment is just around the corner -- scheduled to take place in mid-February. The current benchmark for combined parental income is set at $130,000. Starting in February, this amount is raising to $141,000.

Divorce during the holidays can be hard on New York families

Working through the divorce process isn't an easy task any time of the year, but those who are doing this during the holiday season may find the timing even more challenging. Thanksgiving and Christmas are big events for most New York families, and while a divorce may seem to put a damper on festivities, it is possible to get through it and still enjoy family time. Achieving this won't be an easy task and takes a conscious effort, but those willing to put in the work can certainly enjoy, rather than dread, this holiday season.

New York couples who are finalizing a divorce during the holidays may have to make adjustments to their usual holiday routine. It is important to remember that, even though it is difficult, change can also be a good thing. This is a great time to consider what new holiday traditions can be started to give this time special meaning. From deciding how to spend time with kids and family to taking a "me" day, there a number of ways to celebrate and still find joy during this trying time.

Is it possible to get through divorce without damaging finances?

Divorces of the famous and/or wealthy are often splashed across headlines. The assets in those types of divorce cases are significant, and many of those couples make it through the process and still feel financially stable for the future. Unfortunately, this type of financial situation doesn't apply to all divorcing spouses in New York.

The simple truth is divorce can be expensive. While there are ways to reduce costs, including using a mediator and avoiding litigation where possible, the amount each spouse is left with after a divorce isn't always enough to live on. Those is in this type of situation may wonder if there is any way to get through a divorce without totally damaging personal finances.

Numerous families in New York are faced with child custody issues

Families in New York and across the country are faced with a number of problems on a daily basis. For some, these problems include child custody issues. Child custody may be sought for a number of reasons by parents, grandparents, other relatives or -- in some cases -- family friends. Regardless of who is filing a child custody petition, there are a few ways a final arrangement can be determined.

One of the most common reasons for filing a custody petition is divorce. Figuring out child custody during divorce is often an area of contention between spouses. While there are those couples who can negotiate and agree to a child custody arrangement, there are also those who may require a formal hearing in court before a custody decision is made.

What can I do to prepare for divorce proceedings?

Preparation is the key to success for most things in life; from running a race, passing tests, getting your dream job or, yes, even working through a divorce. For most couples in New York who choose to end their marriage, divorce can be challenging. While there are those few who can quickly negotiate a settlement and move along, for others, being prepared to face the demands the divorce process can place on individuals can only help make this difficult part of life a little easier to finalize and cope with.

So, what can a person do to help prepare themselves for divorce proceedings? First and foremost, it is important to get finances organized. Money and property are often a significant cause of contention during a divorce. Having documentation of current financial records that include any assets, debts, valuable property, expenses and income can help ensure all property is accounted for before property is divided. Along with having updated financial records, obtaining a personal line of credit or having money stashed away for a rainy day may prove helpful when working through this process.

Divorce or separation? Legal assistance can help with either

Making the decision to end a marriage isn't easy, and under previous divorce laws in New York certain grounds for divorce were required to be established before a divorce was granted. This is where separation agreements were considered so valuable. Those who didn't yet qualify for a divorce could use separation agreements to start the process. However, laws have changed and couples are no longer required to meet these strict guidelines in order for a divorce to be granted. While this law change has been helpful for those ready for a divorce, separation agreements are still a good option for those who are not quite ready to fully commit to divorce proceedings.

Before 2010, in order for a divorce to be granted in New York, one of five acceptable grounds for divorce had to have been established. These included abandonment, adultery and separation for a year minimum. If none of the five acceptable grounds for divorce were established, a separation agreement was considered the next best thing. However, now there is a no fault law that makes getting a divorce granted much easier than in the past.

Getting married? A marital agreement may be a good idea

Couples in New York that are considering marriage may also want to consider getting a prenup. This valuable marital agreement does more than just protect assets -- which was a topic covered in a previous post. If properly designed, it can provide a legal contract for expectations during a marriage and serve as a guide for dividing property should the marriage end in divorce or premature death.

Taking time to create a prenuptial agreement can help avoid costly litigation in the future and help both parties enter marriage knowing their interests are fully protected. However, in order for this to be achieved, it is important to ensure that every little detail is accounted for. With the help of an attorney who specializes in marital contracts, couples can devise an agreement that truly meets all their needs.

Latest News

    In New York, as in many other states, probation is an alternative to incarceration in criminal sentencing. Probation is a Court ordered sanction imposed upon a criminal defendant in place of jail or prison time. Individuals sentenced to probation are almost always subject to certain terms or conditions. Standard conditions of probation include a requirement that the probationer meet with/check-in regularly with a probation officer, travel restrictions, prohibitions against guns or other weapons, requirements that he/she avoid places or persons associated with criminal activity, random drug/alcohol testing, etc.

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    Milana Tepermayster and William J. Larkin, III., were recently successful in obtaining a dismissal of a downward modification petition, filed by the payor-father. The Petitioner-Father filed a request to modify child support based on the fact that he has now remarried and has two children. After the filing of the motion by Milana Tepermayster and William J. Larkin, III., on behalf of the Respondent, the Court reviewed the submissions and found that there was no stated change of circumstances upon which the child support obligation should be modified or lowered. As such, the Petition seeking a payment of lower child support was dismissed by the Court.

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    John Ingrassia was successful in preventing his client’s driver’s license being suspended after a hearing before a Judge. Under the law, an individual who is charged with DWI is required to have their license suspended if the Court finds reasonable cause to believe that the person operated a motor vehicle with a blood alcohol content (BAC) of .08 of one percent or more and the court is in possession of an original breath analysis certification reflecting same.

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    The partners at Larkin, Ingrassia & Tepermayster, LLP are pleased to announce that Theresa R. Cayton has joined the firm as an associate in the Matrimonial and Family Law department.
    Ms. Cayton graduated from Albany Law School in May, 2014 where she earned her Juris Doctor degree. She is also a magna cum laude graduate of John Jay College of Criminal Justice in New York City receiving a B.A. in Humanities and Justice.

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    The question of whether a motorist, having been detained for suspicion of Driving While Intoxicated/Impaired, should submit to a chemical test is one of the most commonly posed questions a criminal defense lawyer encounters. There are several relevant considerations that an individual must weigh and often times, due to the fast-paced nature of DUI investigations, a motorist is frequently pressed into making a difficult decision without the benefit of legal counsel.

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    John Ingrassia served as co-counsel with Robert Wells to assist in a case where the client was originally charged with Felony Reckless Endangerment and a menacing charge for having discharged a lawfully possessed firearm in the direction of a moving motor vehicle on a downtown street in a city. Also assisting on the case was former NYS Trooper Bob Faynor.

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    In a very unique fact pattern, John Ingrassia's client was arrested after she showed up to a DWI Victim Impact Panel located at the County Jail allegedly under the influence of alcohol.

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    After a custody trial, Milana Tepermayster Esq. was successful in obtaining physical custody of the minor child to our client, who filed a petition in family court alleging a change of circumstances. Our client, the father, was forced to file a petition seeking custody of the minor child due to mother failing to plan for the child's educational needs.

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    William J. Larkin, Esq. along with Azra Khan, Esq., were successful in defending a Respondent/Husband in the Appellate Division: Second Judicial Department. The Appellant/Wife appealed from the Judgment of Divorce, arguing that the parties’ Separation Agreement, which was in effect for over three years, should be set aside and should not be incorporated in the parties’ Judgment of Divorce. The Wife’s arguments were rejected by the Supreme Court in Orange County and even after she appealed to the Appellate Division, her appeal was dismissed and Judgment of Divorce was affirmed. Finally, our client, was awarded a bill of costs from the Appellant/Wife.

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    John Ingrassia persuaded prosecutors to dismiss an issuing a bad check misdemeanor charge against his Client.

    Mr. Ingrassia was able to demonstrate to the Prosecutor's and Court's satisfaction that his client had placed a stop payment order on the check nearly a week prior to the check being presented to the bank (of which the service provider was aware) and that there were sufficient funds in the checking account at the time the check was submitted to the service provider. As such, he was able to demonstrate that no crime was committed and the dispute was purely civil in nature.

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    Lauren Ludvigsen, Esq. was successful in having her client’s spousal maintenance obligation terminated. After hearing testimony and Ms. Ludvigsen’s legal arguments, the Court determined that her client was laboring under extreme financial hardship due to his ex-wife’s failure to comply with the parties’ Judgment of Divorce, as well as his decreased income since the Judgment of Divorce was entered. As a result, the Court directed that the ex-wife was no longer entitled to receive spousal maintenance and terminated our client’s obligation to make these payments.

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    John Ingrassia obtained a not guilty verdict after a trial in a local Justice Court in Orange County. Mr. Ingrassia’s client was charged with assault after he and his friend allegedly assaulted an intoxicated person in the parking lot outside of a bar.

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    John Ingrassia and Michael Collado teamed up to successfully defeat the imposition of a license suspension pending prosecution after a hearing before a local court Justice in the Hudson Valley.

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    Daniel Jackson successfully defended his client that was charged with a felony of Driving While Ability Impaired by Drugs and Refusal to Submit to a Chemical Test. Jackson initially defended his client’s alleged Refusal to Submit to a Chemical Test before a Department of Motor Vehicle Administrative Law Judge (ALJ). Mr. Jackson exposed the arresting officer’s failure to adequately advise his client of his refusal warnings.

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  • DUI evidence suppressed

    John Ingrassia successfully moved to have all evidence suppressed in an Operating a Motor Vehicle while Under the Influence Alcohol Case. Mr. Ingrassia's client was stopped by police while driving his truck after the officer had received a report from the police dispatcher that an intoxicated driver in a truck was on a certain street.

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  • What happens if child support is not paid in New York?

    A child support order is a legally binding document that requires the payment of a specified amount of money to a custodial parent or guardian. This money is typically used to help care for a child when it comes to buying food, clothing, shelter, and much more.

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  • Larkin, Ingrassia & Tepermayster, LLP Has Been Nominated and Accepted as 2017 AIOFLA’S 10 Best Law Firm in New York For Client Satisfaction

    The American Institute of Family Law Attorneys has recognized the exceptional performance of New York’s Family Law Firm, Larkin, Ingrassia & Tepermayster, LLP as 2017 10 Best Family Law Firm for Client Satisfaction.

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  • Five Attorneys Selected To The 2017 Upstate New York Super Lawyers & Rising Stars Lists

    Larkin, Ingrassia & Tepermayster, LLP, a leading local law firm, today announced that five attorneys from the firm have been selected to the 2017 Upstate New York Super Lawyers and Rising Stars lists. William J. Larkin, III and John Ingrassia are selected to the Super Lawyers list.

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    According to a 2005 study by the National Highway and Traffic Safety Administration (NHTSA), drunk or impaired drivers were involved in 39% of total traffic fatalities reported nationally. In that year, alcohol was a contributing factor in 16,885 fatal accidents, on average, one death every 31 minutes. In addition to loss of life, drunk or impaired driving contributes to hundreds of thousands of dollars annually in personal injury expenses and property damage, as well as a variety of other societal costs.

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    William J. Larkin, Esq., recently prevailed in a custody matter, obtaining a favorable decision for our client, the father of two minor children. After testimony of the parties and records introduced at trial, Mr. Larkin was able to persuade the Court to modify the prior custodial arrangement, which had awarded physical custody to the mother and joint legal custody to the parties. After the instant hearing, the Court awarded physical custody of the minor children to the Father, finding that the Father successfully established that parties did not cooperate or jointly plan activities, that mother

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    Michael Collado was recently successful in vacating his client's criminal conviction in a justice court in Orange County. In his motion papers, Mr. Collado was able to successfully argue that his client's plea of guilty to the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree was obtained in violation of his client's state and federal constitutional right to counsel. The court vacated the conviction and Mr. Collado was able to negotiate a resolution where his client was allowed to plead guilty to a traffic infraction to resolve the case.

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    John Ingrassia recently won a suppression motion after an evidentiary hearing in a local criminal court involving a DWI case.

    Mr. Ingrassia was able to persuade the Court that the police lacked probable cause to believe that his client was under the influence of alcohol. Mr. Ingrassia's cross examination of the arresting police officer established that Field Sobriety Tests were incorrectly administered and as a result the court suppressed the breath test result obtained in the case.

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    Lauren Ludvigsen was successful in dismissing a Father’s objections in Orange County Court. The original support proceeding was filed by the Father, seeking a downward modification of child support based on change of his income. The parties initially appeared before the supper magistrate, wherein both parties were advised to exchange financial records, and while the Father was given ample opportunity to submit his financial documentation, he failed to do so. As a result, the Support Magistrate dismissed the Father’s application.

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    John Ingrassia and Chelsy Jones recently obtained a dismissal of a DWI charge filed against their client.

    Mr. Ingrassia’s investigator was able to secure video footage from a business security camera and in so doing Mr. Ingrassia was able to contradict the arresting police officers testimony as to their reasons why they stopped his client's vehicle.

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    Milana Tepermayster was successful in obtaining a favorable decision for a client, after a custody trial that spanned multiple days and witnesses, as well as a the testimony of a forensic expert witness for the children. The Family Court Judge decided in favor of the mother, our client, to have sole legal and physical custody of the parties’ two sons, after protracted litigation between the parties that lasted over three years.

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    William J. Larkin recently won a matter after hearing, wherein the mother sought to modify an existing child support order. However, the Court, after hearing testimony and Mr. Larkin’s legal arguments, sided with the Father, and ordered that the Mother failed to establish a substantial change in circumstances that would warrant an increase in child support.

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    The firm brought an application in a matrimonial action, in Ulster County Supreme Court, seeking emergency temporary financial relief on behalf of the client during a pending divorce action. After submissions from both parties, the Court directed in favor of our client, a Wife who is the non-moneyed spouse.

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    William J. Larkin was successful in obtaining a great result for our client, after a lengthy relocation trial, in Orange County Family Court. A mother had filed a modification of custody and a relocation petition, seeking to move to another state with the parties’ son. After multiple days of hearings wherein the parties and various witnesses testified with regard to this subject, the Court held in favor of the Father, our client.

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  • Five Attorneys Selected To The 2016 Upstate New York Super Lawyers & Rising Stars Lists

    Larkin, Ingrassia & Tepermayster, LLP, a leading local law firm, today announced that five attorneys from the firm have been selected to the 2016 Upstate New York Super Lawyers and Rising Stars lists. William J. Larkin, III and John Ingrassia are selected to the Super Lawyers list.

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  • DWAI By Drugs Charges Reduced To A Fine

    In the spring of 2016, Michael Collado represented a client charged with Driving While Ability Impaired by Drugs, as well as several other traffic offenses, in the City of Newburgh Justice Court. If convicted, the client's driving privileges in New York would have been revoked for 6 months and he would be subjected to potential jail time, probation and fines up to $1,000.

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    July 25, 2016 – Announcing the Lifetime Achievement selection of John Ingrassia among America’s Top 100 Attorneys®. Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award.

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  • Not Guilty On 2 Counts Of DWI

    John Ingrassia And Michael Collado Obtained Not Guilty Verdicts On 2 Counts Of DWI As Well As An Underlying Traffic Ticket After A May 2016 Jury Trial In An Orange County Justice Court.

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  • All Evidence Suppressed In DWI Case

    In April 2016, John Ingrassia Successfully Persuaded A Court To Suppress All Evidence Obtained As A Result Of His Client's Arrest On A DWI Case.

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  • Client Awarded Attorney Fees

    The firm on behalf of our matrimonial client filed a contempt application after the parties' divorce based on the non-compliance of his ex-spouse with regard to certain financial aspects of the parties' agreement and judgment of divorce.

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  • The Significance of Every Act in Family Court

    By: David Ayres Published on 4/18/16 New York Law Journal.
    I was elected to the Nassau County Court in 2003 after serving as an assistant district attorney and then as a principal court attorney for 10 years prior. I began my judicial career in January 2004 with an assignment in the Nassau County Family Court.

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  • Felony Pistol Permit Charges Reduced to Non Criminal Violation

    In February 2016, Michael Collado was able to negotiate a favorable disposition for a client who was charged with a felony in an Ulster County Justice Court for failing to disclose a prior criminal conviction on a pistol permit application.

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  • Judgement of Divorce Granted

    The matrimonial department of Larkin, Ingrassia and Tepermayster, LLP was successful in obtaining a judgment of divorce for Defendant-Husband in an action wherein the parties signed a Separation Agreement, and two years later Plaintiff-Wife filed an Action for Divorce, while simultaneously seeking to set aside the Separation Agreement.

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  • Wife's Appeal on Separate vs Marital Property Upheld

    The firm was successful in representing a Wife on an appeal in the Third Department of the Appellate Division, stemming from an Ulster County Supreme Court’s decision in a matrimonial action.

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  • DWI Charges Dismissed For Failure Of A Speedy Trial

    In December of2015 John Ingrassia obtained a full dismissal of all charges for a client charged with DWI in an Orange County Justice Court.

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  • DWI Charges Dismissed Due To Unlawful Stop

    In December of 2015 John Ingrassia was able to obtain a dismissal of all charges against his client after he successfully argued to a Judge after a suppression hearing that the police did not have a lawful basis to stop his client's motor vehicle.

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  • John Ingrassia is Featured Presenter

    In November of 2015, John Ingrassia was the featured presenter at a CLE webinar involving strategies in defending DWI cases in New York.

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  • Opposing Motion Dismissed

    The firm represents a mother seeking child support arrears, college expenses from the Father and a finding of contempt.

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  • Firm Recovers Client Expenses on a Post-Judgement Contempt Application

    Milana Tepermayster recently received a successful decision after a hearing in Orange County Supreme Court on a post-judgment contempt application in a matrimonial action.

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  • Petition to Modify Custody Order Dismissed

    Milana Tepermayster, Esq., was recently successful in dismissing a petition modification of prior custody order in Orange County Family Court.

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  • 2015 New York Super Lawyers List

    The law firm of Larkin, Ingrassia & Tepermayster, LLP is proud to announce that all three partners have been named to the 2015 New York Super Lawyers list and that Milana Tepermayster has been named to the 2015 New York Rising Stars list.

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  • Separation Agreement Upheld in Court

    The firm was successful in defending an action on behalf of a husband whose wife sought to have their separation agreement set aside and to modify the terms for...

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  • Spousal Maintenance Terminated Due to Remarriage

    The firm successfully represented a husband in terminating his spousal maintenance obligation due to the ex-wife's remarriage.

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  • Reduction in Child Support Denied

    Milana Tepermayster was recently successful in defending a downward modification for child support filed by a father, who purported himself to be disabled.

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  • John Ingrassia Joins Orange County's Conviction Integrity Program

    Orange County now has a new avenue for people who believe they were wrongfully convicted of a crime in the county.

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  • Court Orders College Expenses and Attorney Fees to be Paid

    Milana Tepermayster was successful in obtaining an order in Ulster County Family Court directing the Mother to pay for a portion of college expenses

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  • Child Support Increase Denied

    In a recent decision, The Orange County Supreme Court denied the mother's application for an increase in child support.

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  • Breath Test Ruled Inadmissible

    John Ingrassia recently won an order suppressing a chemical breath test result due to the fact that arresting officer advised the accused that if he refused to submit to a chemical test of his breath for alcohol content determination that he would be seen by a Judge and sent to the county jail.

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  • Application to Set Aside Stipulation of Settlement Dismissed

    The firm was successful in defending and dismissing an application filed by wife to set aside the parties' stipulation of settlement, which resolved all the financial issues in connection with the parties' divorce.

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  • Partners to Lecture at Continuing Legal Education Seminars

    On April 25, 2015 John Ingrassia, Partner, will be lecturing at Syracuse University at a Continuing Legal Education seminar for the NY State Association of Criminal Defense Lawyers.

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  • Firm Defends Mother - Child Support Continued

    The firm was successful defending a mother against the Father’s petition to terminate child support based on his argument that the parties’ daughter was emancipated.

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  • LIT Successful In Defense of Application

    In March of 2015, the firm was successful in defending an application filed by a wife seeking to vacate a settlement that was reached in open court.

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  • Father Awarded Primary Physical Custody

    The firm was successful in obtaining an award of primary physical custody to a Father after an extensive trial involving numerous witnesses and several days of testimony.

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  • Court Grants Child Support, Child Support Arrears, Unreimbursed Medical Expenses

    In a recent case, the non-custodial parent refused to comply with a previous order of child support, resulting in a significant amount of child support arrears owed to the custodial parent.

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  • DWI Charges Dismissed - Prosecution Unable to Proceed

    John Ingrassia was able to secure a dismissal of his client's DWI charges when the prosecution was not ready to proceed with a pre trial suppression hearing.

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  • DWI Charges Reduced

    John Ingrassia successfully persuaded prosecutors to offer his client a guilty plea to a no point, non-moving violation of parked on pavement reduced from 2 counts of DWI.

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  • Breath Test Results Suppressed

    In March of 2015, evidence of field sobriety and breath test result were suppressed after a suppression hearing in a local Orange County criminal court.

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  • Felony DWI Successfully Resolved With Plea to Non Criminal Violation of Driving While Ability Impaired By Alcohol (DWAI)

    In February of 2015, after a suppression hearing, attorney John Ingrassia successfully persuaded prosecutors to allow his client to plead guilty to DWAI with a fine and 90 day license suspension.

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  • Not Guilty Verdict for Driving While Using a Cell Phone

    John Ingrassia recently obtained a not guilty verdict after a trial where his client was charged with operating a motor vehicle while using a hand held mobile device.

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  • DWI Results Ruled Inadmissible

    John Ingrassia recently won a DWI suppression hearing after the Court determined that the arresting police officer did not have probable cause to arrest his client.

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  • All Charges Dismissed

    In February 2015, John Ingrassia persuaded prosecutors to dismiss all charges following a suppression hearing in a local Justice Court.

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  • Suppression Order Obtained for DWI Arrest

    John Ingrassia recently successfully obtained a suppression order suppressing all evidence resulting from his client's arrest for DWI.

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  • Father's Rights to Unsupervised Visitation Upheld

    In a recent Decision by the Appellate Division, Second Department, the Firm was successful in defending against an appeal of an Order of the Orange County Family Court which denied a mother's application to reduce a father's visitation with his child to supervised.

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