Child Support Arrears Can Lead to a Driver’s License Suspension

If you are in arrears in your child support payments, then you may face having your driver’s license suspended. In fact, if you are in arrears in your child support payments, then several other types of licenses can be suspended including:

  • Business licenses
  • Contractor licenses
  • Professional licenses (doctor, lawyer, accountant)
  • Occupational licenses
  • Boating licenses
  • Hunting licenses
  • Fishing licenses

In order for your licenses to be suspended or revoked, you would need to be at least four months in child support arrears. However, prior to having any license suspended or revoked, there needs to be a hearing. At that time, you would have the opportunity to either pay all your arrears or perhaps enter into a payment plan to pay your arrears.

It should also be noted, that if your driver’s license is suspended, you may be eligible to receive a restricted driver’s license that will allow you to only drive to and from your place of employment.

It is clear, that you should pay all your child support obligations. If you are in danger of falling behind in your child support payments, then you need to be proactive and contact an attorney to avoid having your licenses suspended.

If you need an attorney to help you with child support issues, then contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

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Are Character Witnesses Helpful In A Divorce?

Many of my clients will ask me if it helps to have a character witness in their divorce case. Here is some information that will help answer that question.

A character witness is a person who attests to another’s moral character, conduct and reputation in a court of law. Typically, character witnesses are used in criminal cases to verify the positive traits of the defendant.

However, in divorce cases character witnesses usually do not have that much of an effect. This is because in a criminal case, the effect of a character witness is to help to lessen a criminal punishment. In a divorce case, the Court is not weighing whether or not it should impose a harsh sentence, but, is weighing who should receive custody of a child. Furthermore, in a divorce case, both parents will be able to bring in character witnesses who will state that each parent is a “good parent.” Finally, the Court will realize that your character witness is most likely a family member or a close friend and will discount their testimony.

However, if the character witness can testify to events that they have actually seen (or perhaps heard) which reflects negatively on your spouse and/or positively on you, then the character witness may have more of an impact. Here, the character witness is not just stating that you are a good parent, but, they are testifying that they have seen you exhibit positive behavior or they have seen your spouse exhibit negative behavior.

Instead of using a relative or a close friend as a character witness, it may be better to call a teacher, one of the children’s coaches, or any neutral adult that can testify about what they have actually witnessed. These types of third-parties are viewed as more persuasive witnesses.
It is important to note that a character witness may backfire on you. Your spouse’s attorney is sure to cross-examine the witness and if the witness testifies to anything that may be viewed as negative to your case, that could weaken the witness’s testimony.

Another reason why a character witness may not be helpful, is that they may be a reluctant witness. You should also know that many times, a character witness, will not want to be bothered to having to come to court to testify.

When you are getting divorce, it is important to hire an attorney who knows what witnesses to call. David Badanes and the Badanes Law Office, P.C. have extensive trial experience and can help you in your divorce.

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Credit Card Debt (In A Divorce)

In general terms, all debt that is accrued during the divorce, is equally divided between both spouses. The same is true for credit card debt. So, for example, it may not matter that you never used your spouse’s credit card, the debt on that card will probably be 50% your responsibility. Of course, the same goes for your credit card debt, your spouse will probably have to pay 50% of your credit card debt.

However, it is important to note, that once the divorce action is filed, that any additional credit card debt, that is accrued after the filing of the divorced action will be the full responsibility of the person who created that debt.

Whatever credit card debt that exists will have to be addressed in the divorce. This does not necessarily mean that the debt will be paid off during the divorce or even at the time of the divorce. However, it does mean that your divorce agreement or the Court’s decision must decide who will pay the credit card debt and when it will be paid.

In many divorces, you may have to either cancel a credit card or put a hold on any new charges on the credit card. You or your attorney must likely will need to review your spouse’s credit card statements to make sure that you should be responsible for the charges on that credit card. Finally, if your spouse is required to pay your credit cards, then it is very important that you review each month’s credit card statements to make sure that your spouse is actually paying those credit cards.

When you are getting divorce, it is important to hire an attorney who knows how to deal with credit card debt and all the issues in a divorce. David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale, across from the Nassau Coliseum).

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Social Media and Affairs

As of 2017, it has been estimated that 81 percent of Americans use social media.  That percentage will keep growing and growing. Facebook is the most popular social media platform and the one that most adults use.

There is anecdotal evidence that Facebook has led to more affairs, one survey claims that 1 in 3 divorces started as an “online affair”, which quickly became a “physical affair”. The power of Facebook allows you to find former high school sweethearts, college friends, or boyfriends/girlfriends. Too often reaching out to these former friends/lovers can sometimes lead to sexual affairs.  This has led many sociologists to conclude that Facebook and social media has increased the amount of “cheating”.

On the flip side, Facebook and social media has also made it easier to identify and catch cheaters.  It is fairly easy to find out if someone is posting or messaging on Facebook.  Simply deleting a post will not prevent “digital fingerprints”.

If you believe your partner is involved in a sexual affair and are seeking a divorce, David Badanes and the Badanes Law Office, P.C. can help you. The Badanes Law Office partners with many social media experts who can help you discover whether or not your partner is cheating. David Badanes and the Badanes Law Office can be contacted at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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Keeping In Touch With Your Children After Relocation With Child Vacation Rights

movingIf your ex-spouse is allowed to relocate, with your children, out of state (or within New York State, but, more than 100 miles away), then your parenting and visitation rights will be effected.  It is important to know that before your ex-spouse is allowed to relocate, you can petition the Court to prevent the relocation (see article: Relocation (After Divorce) for more information).  This article will assume that the Court has allowed your ex-spouse to relocate.

Since your   will be a great distance away, typical parenting time arrangements will usually not work.  Therefore, it is important to come up with creative solutions so that you can still have a good relationship with your children.

With today’s technologies, you can Skype or Video Chat with your children for little to no cost.  This allows you to keep in touch and see your children.

As for parenting time, here are some ideas:

  • You should request that you have parenting time once a month, for a full weekend.
  • You should request four weeks of parenting time during the summer.
  • You should request that you have parenting time during the children’s extended school vacation weeks (December recess, February recess and Spring recess).
  • You should always request that your ex-spouse pays for all travel expenses to and from your residence.

David Badanes and the Badanes Law Office excel in seeking creative and innovate solutions to difficult problems.  The Badanes Law Office has helped several individuals who have faced relocation issues.  If you live in Suffolk County, Nassau County or New York City and need a divorce lawyer, then Contact David Badanes and the Badanes Law Office at by calling, 631-239-1702,  or email at david@dbnylaw.com The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.