Redder, Bock & Associates, PLLC Kingston Family Law Attorney | Estate Planning Lawyer 2026-06-07T02:42:52Z https://www.georgeredder.com/feed/atom/ WordPress /wp-content/uploads/sites/1304463/2021/05/cropped-favicon-32x32.png On Behalf of Redder, Bock & Associates, PLLC <![CDATA[What to do immediately after a car accident in New York]]> https://www.georgeredder.com/?p=47271 2026-06-07T02:42:52Z 2026-06-07T02:42:52Z New York imposes strict legal duties on drivers involved in a crash. How you respond in the first hours can determine the strength of any injury or property claim that follows.

Stop, check for injuries and secure the scene

New York Vehicle and Traffic Law § 600 requires every driver to stop immediately after a collision. If any person is injured, call 911 without delay. Where the accident is minor and movement is safe, relocate vehicles away from active traffic lanes. Activate hazard lights and, if available, deploy warning triangles to reduce secondary collision risk. 

Call the police and get the report

Under New York VTL § 600, you must stay at the scene and report the accident to police if anyone is injured or if a parked vehicle is damaged and its owner cannot be found. Request the officer's badge number and the incident report number before you leave. A police report may support your insurance claim later.

Exchange information with other drivers

New York law requires all drivers involved in a crash to share key details. Collect the following from every driver at the scene:
  • Full name and address: Include a phone number if possible.
  • Driver's license number: Note the issuing state.
  • Insurance company and policy number: Verify the card matches the driver.
  • License plate number and vehicle description: Record the make and model.
If the driver is not the registered owner, get the owner's information too.

Document the scene and seek medical care

Take photos of all vehicle damage, skid marks, traffic signs and any visible injuries. Get witness names and contact details before they leave. Even if you feel fine, see a doctor as soon as possible. Injuries like whiplash or internal bleeding may not appear until hours or days later. A medical record from that visit can support your claim if symptoms worsen.

File your DMV report and notify your insurer

New York requires you to file a Report of Motor Vehicle Crash (Form MV-104) with the DMV within 10 days if the accident caused a fatality, injury or property damage exceeding $1,000. Failure to file can result in a suspended license. Notify your insurance company promptly as well.  

You may speak with an attorney before making decisions

An attorney can help you understand your options, especially if you were injured or if liability is disputed. An attorney can also evaluate the full value of your claim before you accept any settlement offer.  ]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Modifying custody for summer: when a ‘temporary’ change becomes necessary]]> https://www.georgeredder.com/?p=47270 2026-05-28T14:48:52Z 2026-05-28T14:48:52Z Common triggers for summer custody adjustments Summer drastically alters the operational routines of both children and parents. There are several recurring catalysts that make default custody schedules unworkable:
  • Seasonal work shifts: Parents employed in tourism or construction often experience heavy seasonal demands that directly conflict with their mandated parenting hours.
  • Extended travel plans: Out-of-state vacations or long-distance trips to visit relatives require formal frameworks to adjust travel notices and calendar blocks.
  • Camp commitments: Enrolling a child in a specialized day program or sleepaway camp can override the other parent's designated physical weekdays or weekends.
Bypassing the formal modification process can leave you vulnerable to accusations of parental alienation, custodial interference, or willful contempt of court under New York law.

The legal trap of informal "handshake" agreements

When a scheduling conflict arises, many parents rely on a verbal conversation or a text message. While cooperating with your co-parent is commendable, relying purely on informal goodwill is an immense legal risk. An informal agreement is completely unenforceable. If you agree to alter your schedule without a judge's signature, you are technically violating your formal court order. If the relationship sours mid-summer, the Family Court will strictly enforce the original written decree.

Formalizing your modification the right way

To ensure your summer schedule is legally protected, any deviation from your permanent decree must be formalized through official judicial channels under the New York Family Court Act:
  • Consent orders and stipulations: If both parties agree on the temporary summer adjustments, your legal counsel can draft a formal Stipulation and Order. Once executed, it transforms into a binding, enforceable court order.
  • Filing a petition for modification: If your co-parent refuses to accommodate a necessary shift, you must file a formal petition. According to the landmark precedent Friederwitzer v. Friederwitzer, you bear the strict burden of proof to demonstrate that a substantial change in circumstances has occurred and that the proposed modification serves the best interests of the child.
Waiting until the week of a scheduled trip to seek a solution is a critical mistake. Reviewing the statutory rules for child custody modifications in New York provides the technical clarity needed to protect your parental rights and ensure your children enjoy a secure summer break.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[How property is divided in a New York divorce]]> https://www.georgeredder.com/?p=47228 2026-05-11T07:12:42Z 2026-05-11T07:12:42Z Divorce can reshape your financial life in ways you may not expect. Understanding how New York courts divide property can help you prepare for what lies ahead.

Marital property vs. separate property

The first step is classifying what you own. Under New York Domestic Relations Law § 236(B)(1)(c), marital property includes all assets either spouse acquires during the marriage. It does not matter whose name is on the title. Separate property generally stays with its original owner. Common examples include:
  • Pre-marital assets: Property you owned before the wedding.
  • Inheritances: Money or property left to you alone, even during the marriage.
  • Third-party gifts: Gifts received from someone other than your spouse.
  • Personal injury awards: Compensation paid directly to you.
Be aware that separate property can lose that status if it mixes with marital assets.

How equitable distribution works

New York follows equitable distribution, not a simple 50/50 split. Courts divide marital property in a way that is fair given the full picture of your marriage. The process generally moves through three stages: classifying each asset, valuing it and then distributing it between spouses. Commingling is one of the biggest risks in this process. If you deposit inherited funds into a joint account, a court may treat that money as marital property.

Factors the court considers

No two divorces produce the same outcome. Judges weigh several factors when deciding what a fair split looks like:
  • Marriage length: Longer marriages tend to produce more even splits.
  • Income and property: Each spouse's financial situation at the start and end of the marriage matters.
  • Custody needs: A custodial parent may have a stronger claim to the marital home.
  • Non-financial contributions: Homemaking and career support count in the court's analysis.
  • Age and health: Both spouses' physical condition and future earning ability are relevant.
Retirement accounts, including pensions, IRAs and 401(k)s, are also marital property to the extent they were funded during the marriage.

What you can do about shared debts

Debts acquired during the marriage are generally subject to division too. Even if a court assigns a debt to your spouse, a creditor can still pursue you if your name is on the account. Write to creditors and ask them to close any joint accounts so you are not exposed to future charges your spouse may create.

Speaking with an attorney about your situation

Property division involves fact-specific judgments that vary from case to case. An attorney can help you understand your options and assess how the relevant factors may apply to your circumstances.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Do fathers automatically get 50/50 custody?]]> https://www.georgeredder.com/?p=47229 2026-04-11T02:16:08Z 2026-04-11T02:16:08Z How New York courts decide custody Family courts in Kingston evaluate several factors before issuing a custody order. Judges aim to create a stable, supportive environment for your child, not to divide time evenly between parents. Courts typically look at:
  • Each parent’s ability to provide a stable home.
  • Your involvement in your child’s daily life
  • Your willingness to support your child’s relationship with the other parent.
  • Your mental and physical health
  • Your child’s school and community ties
  • Any history of domestic violence or substance abuse
Judges weigh these factors carefully. No single element determines the outcome. Your consistent involvement and cooperation can strongly influence the court’s decision.

Is 50/50 custody possible?

Yes, 50/50 custody is possible in New York. Courts may award joint physical custody when both parents:
  • Live close to each other
  • Communicate effectively.
  • Share parenting responsibilities.
  • Put the child’s needs ahead of conflict.
Yet, equal time only works when it benefits your child. If the court believes a different arrangement offers more stability, it will choose that instead.

Steps you can take to strengthen your case

You have more control over the outcome than you might think. Taking proactive steps can improve your chances of securing meaningful parenting time.
  • Stay involved in your child’s routine, including school and activities.
  • Keep records of your parenting time and communication.
  • Maintain a stable living environment.
  • Avoid conflict with the other parent, especially in front of your child.
  • Follow all existing court orders.
Fathers in Kingston, NY do not automatically receive 50/50 custody, but they also do not start at a disadvantage. The court’s primary goal is to protect your child’s best interests. If you focus on being a consistent, supportive parent and present a clear plan for your child’s care, you can build a compelling case for shared custody.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[What happens to out-of-state property in a New York divorce?]]> https://www.georgeredder.com/?p=46963 2026-02-24T14:26:24Z 2026-02-24T14:26:24Z Do courts in New York have jurisdiction over out-of-state property? New York courts typically do not have any authority to transfer real estate titles in other states. However, they do have control over the spouses in the divorce. This allows the court to order divorcing couples to take specific actions concerning out-of-state property. This includes signing deeds, selling the property or transferring ownership. Courts do this to ensure equitable distribution, giving both spouses the chance to receive marital property fairly and justly. If a spouse refuses to follow a court order, the court can enforce its judgment through contempt.

How do courts in New York divide out-of-state property?

When dividing out-of-state property, New York courts examine specific factors about the marriage to help determine how much each spouse should receive. Some of the factors judges typically include:
  • The length of the marriage
  • Each spouse’s income and earning ability
  • Each spouse’s contributions to the marriage, including homemaking and child-raising
  • The value and nature of the property
  • The future financial circumstances of each party
To distribute out-of-state properties, courts may order the couple to sell them and divide the proceeds equitably. Alternatively, one spouse may buy out the other or opt for co-ownership.

The importance of equitable distribution

Equitable distribution aims to reduce economic hardship by providing both spouses with a fair opportunity to move forward. Courts carefully evaluate the origin, value and use of each asset to reach a just and equitable outcome. This way, spouses will have an easier time adapting to their new lives after living together for so long.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[Why estate planning matters after the loss of a spouse]]> https://www.georgeredder.com/?p=46962 2026-01-29T09:04:26Z 2026-01-29T09:04:26Z Losing a spouse changes more than your daily life. In New York, it also affects how you control your assets, make decisions and protect your family if you leave your estate plan unchanged.

Your estate plan may no longer reflect reality

Most married couples build their estate plans around each other. Wills, beneficiary forms and powers of attorney usually assume both spouses are alive and able to act. After your spouse’s death, those assumptions no longer fit your situation. Documents that once worked smoothly can now create gaps or legal problems.

Key reasons to revise an estate plan in New York

Updating your estate plan after a loss helps reduce confusion and limits court involvement during a difficult time. Several areas often need review:
  • Beneficiary designations: Many retirement accounts, life insurance policies and payable-on-death assets name a spouse first. If you do not update them, assets can pass to people you did not intend.
  • Executor and agent roles: If your spouse served as executor, health care agent or power of attorney, you must name new individuals to handle those responsibilities.
  • Ownership of assets: You may need to retitle jointly owned homes or accounts into your name alone.
  • Minor children: You should confirm or add guardianship designations so a judge does not make that decision for you.
  • Trust structure: You may need to restructure or adjust funding for a joint revocable trust after your spouse’s death.
Reviewing these items together helps keep your plan clear and workable.

How New York law can affect surviving spouses

New York estate law adds another layer of complexity. Under EPTL § 5-1.1-A, surviving spouses cannot be fully disinherited, even if a will attempts to do so. New York law guarantees a surviving spouse a minimum share of the estate. That share is at least $50,000 or one-third of the total estate, including some assets outside the will. The spouse must claim this right within a set time after the executor is appointed.

Why working with an attorney can matter

Revising an estate plan after a spouse’s death often requires more than simple updates. New York probate rules, tax issues and elective share laws directly shape how you should make changes. An experienced estate planning attorney can help ensure documents are updated correctly, assets are titled properly and your plan aligns with current law and personal goals.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[How bankruptcy can affect your credit and loan options]]> https://www.georgeredder.com/?p=46960 2026-01-06T10:43:15Z 2026-01-06T10:38:46Z Filing for bankruptcy in New York can influence credit scores and borrowing options. The effects often vary depending on the type of bankruptcy, the debts involved and individual financial circumstances. Understanding the potential short and long-term impact may help you plan for future financial decisions, including applying for loans or refinancing.

Short-term impact on your credit

After you file for chapter 7 or chapter 13 bankruptcy, you might notice an immediate drop in your credit score. The severity often depends on your current score and the type of debts included. Many lenders may view a recent bankruptcy as a higher risk, which could influence how they respond to credit applications. You may experience the following challenges in the months following your filing:
  • Higher interest rates on new credit cards or loans
  • Limited access to unsecured loans
  • Difficulty refinancing existing loans
These effects typically last for several months to a few years, depending on how quickly you rebuild credit and manage your finances.

Long-term considerations

Over time, bankruptcy may become less of a barrier to borrowing. However, a chapter 7 bankruptcy may appear on your credit report for as long as ten years. A chapter 13 bankruptcy often shows for about seven years and it might stay longer if the repayment plan does not finish as expected. Demonstrating responsible financial behavior during this period could gradually improve your creditworthiness. Some factors to consider include:
  • Consistently paying bills on time
  • Maintaining low credit card balances
  • Avoiding new late payments or collections
These steps may signal to lenders that you are managing your finances more reliably, which could help you qualify for better loan terms in the future.

Loans and refinancing options

Certain loans may remain accessible even after bankruptcy. Secured loans, such as car loans or mortgages with a significant down payment, could be easier to obtain than unsecured credit. Some lenders may specialize in working with individuals who have a bankruptcy history. When considering refinancing, timing and post-bankruptcy credit behavior can be important. Refinancing too soon may come with higher interest rates, whereas waiting and showing consistent credit management may open more favorable options.

Rebuilding your financial future

While bankruptcy can influence credit and borrowing options, the effects usually diminish over time. Being aware of potential challenges and taking steps to rebuild credit may help regain financial flexibility and access to loans in New York.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[6 issues that can complicate custody disputes]]> https://www.georgeredder.com/?p=46959 2025-12-23T15:16:38Z 2025-12-23T15:16:38Z Custody disputes often begin when everyday parenting questions suddenly create a long-term legal impact. In New York, many factors shape custody decisions, not just a single disagreement or moment. Understanding the issues that make custody disputes harder can help you see why the process may take longer or feel harder.

Factors that commonly complicate custody disputes

Custody discussions become more involved when daily life does not fit a standard schedule. In New York cases, courts consider both legal custody and physical custody. Legal custody is the authority to make decisions about a child’s education, health and welfare. Physical custody determines where the child lives. The following issues often add complexity and require extra attention. Before getting into the list, it helps to know that these issues rarely appear alone. Courts often look at how these family law issues interact instead of focusing on one detail:
  • Disagreements over parenting roles: Disagreements about school, discipline or routines can affect custody discussions.
  • Work schedules and availability: Long hours, travel or shift work may affect your time with the child.
  • Relocation concerns: A planned move, even within New York, can make stability and access unclear.
  • Communication breakdowns: Continued conflict or poor cooperation can complicate decision-making.
  • Child preferences: Courts may consider a child’s wishes in some situations, depending on age and maturity.
  • Previous or current legal matters: Prior court involvement or related legal matters can add layers to the process.
Taken together, these issues often explain why custody disputes do not move quickly or follow a simple path.

How New York custody law frames these issues

New York courts focus on the best interests of the child when addressing custody. This standard considers the entire situation of a child’s life. It includes stable routines, consistent care and each parent’s support. No single factor automatically decides the outcome. Instead, courts look at all circumstances. This is also why similar cases can have different results.

Understanding custody challenges can ease uncertainty

When you know what commonly complicates custody disputes, the process may feel less confusing. Every family’s situation is unique, but knowing how New York courts handle custody can give you perspective. In some situations, a lawyer may help explain how these factors work and explain what to expect as the case continues.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[3 things to think about when planning to ask for a divorce]]> https://www.georgeredder.com/?p=46957 2025-11-12T06:57:25Z 2025-11-12T06:57:25Z Deciding to ask for a divorce is rarely an easy choice. It often follows months, or even years, of reflection, emotional strain and uncertainty about what the future may hold. Whether the marriage has grown distant or conflict has become too difficult to manage, taking time to plan before filing can make a meaningful difference. Here are three essential things to consider when asking for a divorce.

1. Understand your financial picture

Before filing, take an honest look at your finances. Gather documents such as bank statements, tax returns, property records and retirement account information. Understanding what you own and what you owe gives you a clearer sense of what may be divided later. It also helps your attorney advocate effectively for your financial interests. Even if the separation seems amicable, knowing your full financial situation can prevent misunderstandings and future conflict.

2. Consider the impact on children

If you have children, their well-being will likely guide many of your decisions. Think through how to maintain stability in their routines, living arrangements and relationships with both parents. While emotions can run high, focusing on communication and cooperation can reduce stress for your children. Discussing parenting plans and custody goals with an attorney early can help you prioritize what truly supports your child’s best interests while preserving your role in their lives.

3. Prepare emotionally and practically

Divorce is not only a legal process, it is also an emotional and logistical one. Surrounding yourself with supportive friends, family or counselors can make the transition less isolating. On a practical level, consider your housing needs, work schedule and support system. The more you plan ahead, the more confident and focused you will feel during negotiations and court proceedings. Taking these steps before asking for a divorce can help you approach the process with steadiness. 

Making space for new beginnings

Each person’s situation is unique, and the decisions you make now can affect your financial stability and family dynamics for years to come. A knowledgeable family law attorney can provide guidance tailored to your specific needs and help you work through the path ahead with care.]]> On Behalf of Redder, Bock & Associates, PLLC <![CDATA[What bankruptcy can do when wage garnishment hits in New York]]> https://www.georgeredder.com/?p=46954 2025-10-06T12:43:04Z 2025-10-06T12:41:09Z Wage garnishment limits under New York law New York law sets clear limits on wage deductions. A creditor can take the lesser of 10% of your gross pay or 25% of your disposable income. The rules also protect a base amount linked to the state minimum wage, so your take-home pay usually stays above that protected threshold. Still, not all debts follow the same rule. Child support and tax obligations employ different standards, which can result in higher deductions. Once a garnishment order is in effect, your employer will deduct a portion of each paycheck to the creditor until the balance is resolved. The deduction typically ends when the court modifies the order or the debt is paid in full.

Bankruptcy protection against ongoing garnishment

Filing for bankruptcy generally stops most wage deductions through the automatic stay. The automatic stay is a court order that takes effect immediately upon filing. It instructs creditors to pause collection actions, including garnishments and lawsuits, while the case is in progress. Some obligations, such as recent child support, may continue under specific exceptions. In Chapter 7 cases, those deductions often remain because they involve post-filing wages. Under Chapter 13, the stay can cover a greater portion of income, resulting in varied outcomes. Once you decide to file, act before your next paycheck is processed. Payroll departments often prepare payments several days in advance, so filing early can prevent another deduction. Provide your employer with your case number and filing proof as soon as possible to help prevent upcoming deductions. Bankruptcy also pauses other actions, such as frozen accounts and pending lawsuits, giving you time to reorganize your finances.

Recovery of wages taken before filing

You may be able to recover wages that a creditor took shortly before you filed for bankruptcy. Whether recovery applies can depend on several key factors tied to timing and amount. You may qualify for recovery when these conditions exist:
  • The creditor deducted money within 90 days before you filed
  • The total payment to one creditor exceeded the recovery threshold
  • The debt qualified for discharge under the bankruptcy law
Keep detailed records to strengthen your claim. Pay stubs, court papers and wage statements show what the creditor already deducted from your pay and help support any recovery request.

Regaining control of your income

If your paycheck continues to decrease due to garnishment, consider the steps that may help protect your earnings. Bankruptcy may offer a form of financial relief, but its effect depends on your individual circumstances and financial priorities. Begin by reviewing your wage records, noting when deductions started and learning what protections the automatic stay may provide in your situation. You may also consider consulting a bankruptcy attorney to discuss your options in detail. Professional guidance can help you understand available remedies, timelines and possible outcomes before deciding how to proceed. With accurate information and thoughtful planning, you can take informed steps toward restoring financial stability.]]>