Russell I. Marnell Earns Distinction on 2015 New York Metro Super Lawyers List

October 7, 2015 in Uncategorized

Super-Lawyers-logo-customThe Law Offices of Russell I. Marnell, P.C. proudly announce that family law attorney and firm founder Russell I. Marnell has been named to the 2015 New York Metro Super Lawyer® & Rising Stars list.  Mr. Marnell has consistently been ranked year over year as a New York Super Lawyer®, while also earning the highest rating of 5.0 (AV Preeminent®) on Martindale-Hubbell® Peer Review Ratings™,  and the most elite rating of ’10-Superb’ by AVVO. Each of these noteworthy distinctions is based on Mr. Marnell’s dedication to professional excellence in the practice of complex divorce and family law.

 

“Inclusion in the New York Metro Super Lawyers list highlights the exceptional work done by attorneys dedicated to not only their craft, but their clients,” said Russell I. Marnell, founder of the East Meadow, NY-based firm. “Our firm refuses to rest on its laurels and consistently operates at the highest level of excellence. This dedication has paid dividends not only in the form of satisfied clients, but distinctions that mark a concerted effort to excel in our profession. We are incredibly pleased to have been again named to the Super Lawyers list.” russell

 

With extensive experience across both legal and financial disciplines, Russell I. Marnell, is highly regarded as an expert in complex divorce, matrimonial and family law. When not litigating on behalf of his clients, he is a sought after guest lecturer and news media resource.  He successfully navigates clients through challenging legal situations which require a disciplined legal and financial eye given his cross-industry expertise in both finance/accounting and law.  Currently, Mr. Marnell is admitted to practice law in New York, California, Nevada and Florida, as well as the United States Tax Court and Federal District Court.  He earned his J.D. from Hofstra University School of Law (Long Island), holds an MBA in Accounting, and passed the Certified Public Accountants examination.

 

An Elite Distinction

 

In order to determine the top lawyers in each state, Super Lawyers uses a multiphase selection process that evaluates candidates on 12 indicators of peer recognition. The organization uses nominations, evaluations, and independent research to find which attorneys are the leaders in their respective fields. Each year, Super Lawyers seeks to compile a diverse, credible, and comprehensive list of outstanding attorneys.

 

During the selection process, candidates are evaluated by the Super Lawyers research department after being nominated for recognition by fellow attorneys. Evaluations of an attorney’s honors and awards; special licenses and certifications; position within law firm; verdicts and settlements; professional activity; pro bono community service; transactions; representative clients; education and employment background; scholarly lectures and writings; and other outstanding achievements are completed and included within a patented, multiphase process.   The result of these efforts is a comprehensive list of the top five percent (5%) of attorneys in each state—and a resource to be used by both attorneys and consumers in their search for outstanding legal counsel.

 

For more information about the divorce and family law attorneys from the Law Offices of Russell I. Marnell, P.C. visit http://www.nyfamilydivorcelawyer.com.

 

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Spousal Maintenance: Revised Law in New York State

 

October 2, 2015 in Published Works by nyfdl

 

divorce-cash-25545550Significant revisions have been made to the guiding laws used to decide both pre- and post-judgement maintenance payments (support) in New York. The new law (Bill A7645/S5678) was officially signed into law by Gov. Andrew Cuomo on September 25, 2015.

 

“Establishing revised formulas to calculate both the duration and amount of maintenance and spousal support, the new law will hopefully bring more uniformity to judicial decisions,” said Russell I. Marnell, divorce attorney and founder of the Law Offices of Russell I. Marnell, P.C. “It will also make it easier to advise clients with greater confidence as to the amount and duration of the probable final maintenance award.”

 

Mr. Marnell continued, “The revisions will also simplify equitable distribution since licenses, degrees and enhanced earning capacity are no longer marital assets subject to valuation and distribution.”

 

To review the bill in full, visit: Bill A7645, or read Joel Stashenko’s comprehensive article in the New York Law Journal.

 

 

Spousal Maintenance: Revised Law in New York State

October 2, 2015 in Uncategorized

divorce-cash-25545550Significant revisions have been made to the guiding laws used to decide both pre- and post-judgement maintenance payments (support) in New York. The new law (Bill A7645/S5678) was officially signed into law by Gov. Andrew Cuomo on September 25, 2015.

 

“Establishing revised formulas to calculate both the duration and amount of maintenance and spousal support, the new law will hopefully bring more uniformity to judicial decisions,” said Russell I. Marnell, divorce attorney and founder of the Law Offices of Russell I. Marnell, P.C. “It will also make it easier to advise clients with greater confidence as to the amount and duration of the probable final maintenance award.”

 

Mr. Marnell continued, “The revisions will also simplify equitable distribution since licenses, degrees and enhanced earning capacity are no longer marital assets subject to valuation and distribution.”

 

To review the bill in full, visit: Bill A7645, or read Joel Stashenko’s comprehensive article in the New York Law Journal.

Father prevented from seeing his child gets support payments suspended

September 11, 2015 in Uncategorized

20573037The New York Law Journal this week reported a Brooklyn appeals court decision finding that a father, who had been prevented from seeing his son by the child’s mother, should not be obligated to pay child support.

 

The September 2, 2015 ruling from a panel of the Appellate Division, Second Department, in Matter of Coull v. Rottman, reverses a 2014 ruling by Westchester County Family Court Judge Hal Greenwald denying Robert Coull’s petition to suspend his child support payment obligation.

 

To support its finding, the panel cited Matter of Thompson v. Thompson, 2010 NY Slip Op 08120 (78 AD3d 845), in which the Second Department affirmed a Westchester County Family Court ruling to suspend James Thompson’s child support obligation because the mother of his son “deliberately frustrated visitation by manipulating the child’s loyalty and orchestrating and encouraging the estrangement of father and son.”   Parents have a duty to continually support their children until they are 21 years old, the court wrote in Thompson. “However, where the noncustodial parent establishes that his or her right of reasonable access to the child has been unjustifiably frustrated by the custodial parent, child support payments may be suspended,” the court said, citing the Appellate Division, Third Department’s 2008 decision in Matter of Crouse v. Crouse, 53 AD3d 750.

 

Given the circumstances, the panel—composed of Justices John Leventhal, Robert Miller, Sylvia Hinds-Radix and Joseph Maltese—ultimately concluded that Coull’s requirement to pay child support should be suspended.

 

For the complete story, visit: http://www.newyorklawjournal.com/id=1202736637831/Father-Not-Obligated-to-Pay-Child-Support-Panel-Finds#ixzz3lMLb6WHH

New York State Alimony Laws in Flux

July 5, 2015 in Uncategorized

Governor Cuomo’s administration is currently reviewing a bill recently passed in the state Senate that would create major changes to New York’s current alimony laws.  The current legislation created a formula for calculating temporary maintenance awards, but it applied the same formula to all income levels below $543,000 without considering complicated financial situations and didn’t extend application of the formula to post-divorce maintenance.  It also included an enhanced earning capacity calculation based on degree/license earned, even if the spouse was no longer working in that career.

 

The new bill reserves the formula for application to income up to $175,000 and extends its application to post-divorce awards, while offering suggested guidelines for judges deciding the lengths and amounts of awards.  Additionally, it removes the award of a percentage of the enhanced earning capacity calculation based on degree.  The bill first passed in the Assembly 146-1, and many matrimonial associations have voiced support for the changes.

 

*The information contained in this blog is presented as general information and is not to be construed as legal advice to apply to any person or particular situation. Please keep in mind that the law is constantly changing and therefore you should always consult an attorney for legal advice based on the individual circumstances of your situation.