Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Distribution:
Marital property attained during marriage, regardless of whose name it is under, can be distributed. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Spousal Support (Maintenance):
Maintenance is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Maintenance is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Maintenance differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant maintenance. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award maintenance in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

If you or someone you know in New York is involved in a divorce or child custody case and needs the assistance of an experienced White Plains Family Law Lawyer, call Attorney James J. Nolletti today at 866-688-6784, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profiles

If you or someone you know in New York is involved in a divorce or child custody case and needs the assistance of an experienced White Plains Family Law Lawyer, call Attorney James J. Nolletti today at 866-688-6784, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Collier, Halpern, Newberg, Nolletti & Bock, LLP
One North Lexington Ave.
White Plains, NY 10601
Telephone: 866-688-6784
Fax: 914-682-8860

MEMBERS OF THE FIRM:

James J. Nolletti

EDUCATION:

• Villanova University, B.A., 1975
• Fordham Law School, J.D., 1978
  • Phi Alpha Delta

BIOGRAPHY:
James J. Nolletti was born on September 20, 1953 in Port Chester, New York. Mr. Nolletti is an accomplished negotiator and litigator, who began his legal career as a criminal prosecutor in the Office of the Westchester County District Attorney, where he gained extensive expertise and recognition as a trial lawyer. In 1981, Mr. Nolletti joined a law firm which eventually became known as Sirlin, Sirlin & Nolletti, where he was trial counsel and supervising partner in the areas of personal injury, criminal defense and matrimonial litigation.

During a period of almost two decades with that firm, Mr. Nolletti developed broad expertise in these three areas of law and established himself as diligent and successful trial lawyer and litigator, having handled numerous and notable cases at both the trial court and appellate levels. He has successfully tried to verdict numerous trials (both jury and non-jury), helping clients and their families through the court process. Mr. Nolletti has helped many more clients avoid a costly trial by developing and presenting their cases and claims for an effective and prompt resolution. As the partner in charge of our firm’s matrimonial and family law practice, Mr. Nolletti acts as trial counsel and supervisor of a team of experienced professionals. In addition, as a trial lawyer with broad experience in both criminal and personal injury trials, Mr. Nolletti oversees and serves as chief trial counsel for our firm in these practice areas as well.

JURISDICTIONS:

• New York State

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Selected as New York SuperLawyer 2008
• Martindale Hubbell Peer Review Rating: AV
• Who's Who in American Law – Marquis
• American Association of Justice
• American Bar Association
• New York State Bar Association
• Westchester County Bar Association
• Fellowship in the American Academy of Matrimonial Lawyers

Wallace Bock

EDUCATION:

• Brooklyn College of the City University of New York, B.A., 1953
• Columbia University, LL.B., 1958
  • Phi Alpha Delta

BIOGRAPHY:
Mr. Bock was born on March 7, 1932 in Brooklyn, New York. Mr. Bock is the managing partner at the Firm’s New York City office, has substantial expertise in real estate, including brokerage matters, with a special emphasis on the leasing of income producing commercial properties and related commercial landlord/tenant litigation. Mr. Bock heads the Firm’s tax certiorari practice, which involves representation of substantial commercial, multi-family residential, condominiums and cooperative properties, both within and outside the City of New York, in proceedings for reduction of assessments at the Supreme Court. Mr. Bock also has substantial expertise in estate planning, estate and trust administration and surrogate’s court litigation. Mr. Bock’s pro bono activities include serving as an official mediator for the U.S. District Court for the Southern District of New York.

PROFESSIONAL MEMBERSHIPS:

• The Association of the Bar of the City of New York
• New York State Bar Association (Member, Elder Law and Trusts and Estates Law
• Sections)
• Real Estate Tax Review Bar Association of New York

William J. Collier, Jr.

EDUCATION:

• College of the Holy Cross (B.A., 1955)
• Fordham University (LL.B., 1960)
• New York University Graduate School of Law

BIOGRAPHY:
Mr. Collier was born on August 27, 1933 in Waterbury, Connecticut. He currently acts as general counsel to consumer product and manufacturing companies in New York, Delaware and elsewhere, providing general and corporate legal advice; he also has specific expertise in taxation, asset-based and leveraged financing, IDA financing, mergers and acquisitions, industrial and commercial real estate, environmental, real estate partnerships and trusts, labor relations, ERISA and employee benefits. Mr. Collier also handles client matters involving corporate litigation and antitrust. He is admitted to practice in the states of New York, Connecticut and Illinois and has practiced before the Federal and State Courts in those and other jurisdictions.

PROFESSIONAL MEMBERSHIPS:

• The Association of the Bar of the City of New York; New York State and American Bar Associations
  
• Member, Board of Managers of Lincoln Hall and The Lincoln Hall Foundation
• [Lieut., U.S. Navy, 1955-1957]

Philip M. Halpern

EDUCATION:

• Fordham University (B.S., magna cum laude, 1977)
• Pace University (J.D., 1980)
  • Beta Gamma Sigma
  • Fellow, American Bar Foundation

BIOGRAPHY:
Philip M. Halpern is the managing partner of the law firm of Collier, Halpern, Newberg, Nolletti & Bock, LLP, with offices in New York City, White Plains, New York, Stamford, Connecticut and Roseland, New Jersey. Mr. Halpern is a magna cum laude graduate of Fordham University, where he majored in economics and is a graduate of Pace University School of Law where he obtained his juris doctor. Mr. Halpern is admitted to practice law in the states of New York and Connecticut and regularly appears in the federal and state courts in those jurisdictions as well as nationwide. He has been certified by the National Board of Trial Advocacy as a civil trial advocate. Mr. Halpern recently authored a two-volume book for Thompson Publishing Company on civil procedure entitled, Civil Pretrial Proceedings in New York. He has also authored several articles for the New York State Bar Association and the American Bar Association and has lectured for the Office of Court Administration, New York State Bar Association, Pace University School of Law and a number of Bar Associations on a variety of litigation topics. His articles include “Age Discrimination in Employment: Releases Protect Employers Too!” which was published in The Labor Lawyer, American Bar Association, in 1993; “Fair Value Proceedings: Fixing Fair Value In New York” which was published in the NY Litigator, New York State Bar Association, Commercial and Federal Litigation Section, in 1996; “Court of Appeals Sharply Diminishes the Substantive Due Process Rights of Property Owners in New York” which was published in the NY Litigator, New York State Bar Association, Commercial and Federal Litigation Section, in May 2006; and "The Contours of Common-Law



David A. Newberg

EDUCATION:

• Princeton University (A.B., Cum Laude, 1976)
• Columbia University (J.D., 1979)
  • Harlan Fiske Stone Scholar

BIOGRAPHY:
David A. Newberg was born on April 6, 1955 in Brooklyn, New York. He began his career in 1980 as a law clerk for a U.S. District Court Judge in the Southern District of New York. He has extensive experience in corporate and commercial matters, intellectual property, real estate development and financing, mergers and acquisitions, including advice and representation in the financing and securities areas, both public and private. Mr. Newberg represents corporations and joint ventures both here and abroad in high technology and basic industry, acquisitions and divestitures and intellectual property matters, including licensing and distribution of high technology products and processes. In addition, Mr. Newberg provides legal services to individuals and family businesses and their estate and succession planning issues. Among his pro bono activities, Mr. Newberg serves on the panel of mediators for the Federal courts in the Southern District of New York. He has also been an Adjunct Professor of Law at Pace University Law School where he taught Securities Regulation.

PROFESSIONAL MEMBERSHIPS:

• The Association of the Bar of the City of New York (Member, Special Committee on Asian Affairs, 1989-1992; Member, Committee on BioEthical Issues, 2003-2006)
• American Bar Association (Member, Sections on: Business Law; Intellectual Property)
• Law Clerk, Honorable Thomas P. Griesa, U.S. District Judge, Southern District of New York, 1979-1980

Harry J. Nicolay, Jr.

EDUCATION:

• Villanova University (B.A., 1982)
• Pepperdine University (J.D., 1985)
• University of London Imperial College, England

BIOGRAPHY:
Harry J. Nicolay was born on November 22, 1959 in Dumont, New Jersey. Mr. Nicolay has specialized in commercial litigation for over 15 years. Admitted in both New York and New Jersey, Mr. Nicolay has developed an extensive knowledge in a broad range of commercial litigation areas, including contract law, debtor/creditor rights, fraudulent conveyances and construction law. Mr. Nicolay’s expertise has produced both complex settlements and favorable court decisions.

PROFESSIONAL MEMBERSHIPS:

• The Association of the Bar of the City of New York
• New York State and American Bar Associations

Lewis W. Siegel

EDUCATION:

• Hobart College, B.A., 1970
• Georgetown University, J.D., 1974

BIOGRAPHY:
Lewis W. Siegel was born on October 24, 1949 in New York City. Mr. Siegel represents small and medium sized businesses in commercial and business law matters. A substantial portion of his practice is representing creditors and debtors (both individuals and businesses) in workouts and in Bankruptcy situations, including Chapter 11s, Chapter 7s and Chapter 13s. He appears regularly in the Bankruptcy Courts in the Southern District of New York (Manhattan, Bronx, Westchester and Rockland Counties)and Eastern District of New York (Brooklyn, Queens, Staten Island, Nassau and Suffolk Counties).

PROFESSIONAL MEMBERSHIPS:

• New York State Bar Association
• American Bar Association
• American Bankruptcy Institute

Paul D. Sirignano

EDUCATION:

• Pace University, B.A., 1977
• Pace University, J.D., 1981

BIOGRAPHY:
Paul D. Sirignano was born on March 30, 1952 in Mount Vernon, New York. Mr. Sirignano specializes in environmental, zoning and land use law and related litigation. Mr. Sirignano has been involved with the approvals for and development of many significant retail, housing and commercial projects and ensuing legal challenges. Mr. Sirignano’s experience in this area of the law has resulted in the construction of numerous large projects through the approval process, negotiations and successful legal strategies.



Scott M. Salant

EDUCATION:

• University of Chicago (B.A. 1986)
• Boston University, School of Law (J.D. 1989; Tauro and Liacos Scholar)

BIOGRAPHY:
Scott M. Salant was born on April 6, 1964 in Boston, Massachusetts. Mr. Salant has practiced in the area of commercial litigation since 1989. Mr. Salant is admitted in both New York and Massachusetts, and has developed expertise in a wide range of commercial litigation areas including contract law, securities litigation and arbitration, real estate law, employment law, and corporate dissolution.

PROFESSIONAL MEMBERSHIPS:

• New York State Bar Association
• American Bar Association