No, a Qualified Domestic Relations Order, or QDRO, is a court order that restructures a 401(k), usually into two separate accounts. Rather than cashing out a 401(k) early and paying a huge tax penalty as part of the disbursement, a QDRO leaves the money intact, but allocates each spouse’s portion to their control. The original […]
Author Archives: Friedman & Ranzenhofer
Felony Driving While Ability Impaired by Alcohol and Drugs is a very serious criminal offense that requires the help of an experienced Rochester criminal defense lawyer. It is a class E felony, which will result in a permanent criminal record and severe penalties if convicted. A driver convicted of Felony Driving While Ability Impaired by […]
Under prior New York law, there were instances where a Rochester driver who had used multiple drugs or a combination of alcohol and drugs was able to avoid conviction because no one substance could be pinpointed as the cause his or her impaired driving. To close this loophole, New York State added an offense with […]
Yes, you are certainly entitled to engage the court and get a divorce without relying on attorneys in Rochester. The real question is whether that’s the best way to achieve your aims in the divorce, and whether doing so will end up costing you more in time and inconvenience than letting a lawyer ensure that […]
Yes, you have to continue paying child support even if your ex in Rochester remarries.The child support obligation is not related to your former spouse’s current marital status, income, or other considerations. All parents in Rochester are expected to provide material support for their children, within their means to do so. By using the New […]
Moving in with a new romantic partner will likely be cause for your former spouse to move to end spousal maintenance, as would marrying the new partner. In both cases, becoming financially paired with another party tells judges in Rochester that any economic need that may have required the original maintenance order is being met […]
Yes, remarriage is one circumstance that will cause spousal maintenance from a previous divorce to terminate. In most cases, cohabitating with a new lover will have the same effect. While no one should rush into a marriage before they’re ready, maintaining your former spouse’s financial support shouldn’t be a reason to delay marriage to a […]
Yes, child support is required by non-custodial parents even when their former spouse earns more money. Child support differs from spousal maintenance (alimony) in that New York considers parents to have a durable obligation to provide for their children, whether the parent is wealthy or of more modest means. You are expected to provide material […]
A Rochester driver arrested for DWI or a similar offense may be required to undergo an evaluation for alcohol or drug use. New York State law requires that at arraignment (which is usually the first court appearance) or, at the discretion of the court, prior to sentencing, a person charged with an alcohol or drug […]
Many Rochester residents own property, do business, or like to spend recreational time in Canada. Unfortunately for individuals convicted of an alcohol or drug related driving offense, it is not unusual for Canada to bar them from crossing the border. Canada generally bars any U.S. citizens who have been convicted of a misdemeanor from entering […]