Robert G. Smith, PLLC

October 2015 Archives

How businesses may be treated in a divorce

As New York residents may know, some divorces are more complicated than others. Business owners may be faced with additional issues during the property division phase. Some might be mistakenly under the impression that the business is held apart from the divorce settlement, but in fact they are treated in many ways the same as other assets.

State and tribal courts spar over child custody dispute

Child custody disputes in New York in which one parent has Native American ancestry could result in jurisdiction showdowns when children are taken to a reservation. An ongoing battle out west highlights how tribal courts could shield children from court orders from other states. A grandmother who received custody of her two grandsons, ages 8 and 5, currently has a $25,000 warrant out for her arrest because of her alleged interference with the custody awarded to the boys' father.

Hair strand drug tests are unreliable, study shows

Child custody cases in New York sometimes involve allegations that one parent is smoking marijuana. If the parent is tested for drug use with a hair strand test, there is a great chance that the test could produce a false positive. According to a new study by the Institute of Forensic Medicine in Germany, people who have not consumed marijuana may collect drug metabolites in their hair follicles from marijuana smoke or the hands of a person who has smoked marijuana.

Preventing fraud in a divorce

New York couples who are facing the end of their marriages may also have to deal with the possibility that one spouse may be concealing assets from the other. In a high asset divorce, there may be more places to hide these assets because the complexities of the couple's financial life offer a number of opportunities for financial fraud.

A high asset divorce often requires a forensic accountant

Asset valuation is often a factor when a New York couple's marriage is coming to an end. While most couples who are going through a divorce are of comparatively modest means, there are a great number who own significant assets that might be part of the marital property dispute. Often, those with large assets are high-profile couples who are well-known and prominent. When they divorce, it is often played out in the public eye.

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Robert G. Smith, PLLC
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Phone: 212-499-0940
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