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It's amazing to me the phenomenal change a simple little adjustment can make to a recipe… take this apricot quark cheesecake for instance. The first time I made it, for some strange reason, I decided to put the apricots on the bottom between the crust and the filling. I thought it would look neat to see them when the cake was sliced. However, it made the cake quite dull and plain looking on top as everything was beige coloured. Now, I've had this delectable cake before so I knew it was tasty, but my eyes were like "meh". Not ok. At least for me. Food needs to not only taste good, but look good too. I want that all encompassing feeling where my eyes widen at the sight of it, my nose flares at the smell of it, and my tastebuds dance in anticipation…. this one with the apricots on top, well, it did it for me. My mouth is literally watering just typing about this cake. 😀
You may be thinking "what the heck is quark?". Quark is a European-style, soft spreadable cheese. It falls somewhere between cream cheese and ricotta for me, but there really is no comparison. Quark is light and a little tangy and makes for delicious cheesecakes like this one but is equally as tasty mixed with fresh herbs and eaten with baby potatoes straight from the garden. Quark can sometimes be tricky to find. My favourite comes from a cheese maker in Agassiz, BC called Farm House Cheeses. Rocky Mountain Cheese also sells a slightly creamier version that I have found at IGA here on the Sunshine Coast.
Although I haven't tried making this cheesecake with ricotta or cream cheese, I imagine it would work, but the consistency of the filling would change. The best example I give people when trying to explain the difference that quark makes is that cheesecakes made with cream cheese are heavy, I only ever want a small slice and I need a BIG glass of water to wash it down. Quark cheesecakes are so light and delicate that I always want seconds (and thirds) and don't need anything to wash it down (although a cup of tea pairs really well).
On that note, who's coming for tea? 🙂
Happy baking!
If you liked this recipe you are going to love these ones!
Strawberry Yogurt Spelt Torte
Apple Sponge Cake with Spelt Flour
Cherry Spelt Galette
Apricot Quark Cheesecake with Spelt Flour
- 250 g + ¼ cup organic all purpose, unbleached spelt flour also known as white spelt flour
- 75 g organic sugar
- 180 g unsalted butter at room temperature
- 1/8 tsp sea salt
- 1/2 tsp baking powder
- 1 large egg
- 2 19 oz. canned apricots halves
- 454 g quark
- 125 g organic sugar
- zest and juice of 1 lemon
- 1 tsp vanilla extract
- 40 g cornstarch or tapioca or arrowroot powder
- 3 large eggs separated
- icing sugar for dusting
Put the quark in cheesecloth or a large coffee filter for 1 hour to drain the excess liquid. Set aside. Pour the canned apricots over a sieve and let the excess liquid drain off. Set aside.
Using a stand mixer with paddle attachment or large mixing bowl and hand mixer, whip the butter until creamy then add the sugar and salt. Beat until combined. Add the egg and beat again until combined. Mix the flour and baking powder together and then gradually add them and beat until combined. Wrap the dough in wax paper and chill for at least 30 minutes or overnight.
Preheat your oven to 375 degrees F and grease the bottom and edges of a 26cm spring form pan. Flatten the dough into a disk with your hands and cut away 1/8 of it and set aside to chill in the fridge. Cut away another ¼ of the dough and set aside. Generously dust a work surface with flour and roll out the remaining dough so it is slightly larger than the bottom of the spring form pan (no thinner than a ¼ inch). Lay the bottom of the spring form pan on top, cut away the excess dough with a sharp knife and set the excess dough aside. Lock the sides of the pan to the bottom. Dust the top of the disk of dough with flour, fold in half and lay into the bottom of the spring form pan. Gently press the dough out to the edges with your fingers.
Take the remaining ¼ dough (not the dough chilling in the fridge) and roll it out into a long tube. Take long pieces of the tube and place them along the bottom inside edge of the pan. Press the dough down to connect with the bottom layer and up the edges approximately 2 inches high. Use your fingers or the dull edge of a knife to even out the top edges of the dough. Set aside.
Using a stand mixer with paddle attachment or large mixing bowl and hand mixer, beat the three egg whites until stiff. Set aside. Beat the three egg yolks, sugar, quark, lemon zest and juice, cornstarch and vanilla extract until combined. Gently fold in the egg whites with a large spatula until just combined. Pour the mixture onto the dough and spread evenly.
Place the apricot halves cut side down side by side on top of the mixture to fill the pan. Bake for 35 minutes, then remove from the oven. Mix the 1/8 chilled dough with ¼ cup of flour and sprinkle it on top of the apricots, then bake for an additional 25 minutes until golden brown.
Let cool for a few hours, then chill in the fridge before serving. Optional: dust finished cake with icing sugar before serving.


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person(redirected from personal)
Also found in: Dictionary, Thesaurus, Legal, Financial, Idioms, Encyclopedia, Wikipedia.
Related to personal: Personal loans, Personal Statement
1. A living human.
2. The composite of characteristics that make up an individual personality; the self.
3. The living body of a human.
4. Physique and general appearance.
The American Heritage® Medical Dictionary Copyright © 2007, 2004 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.
Patient discussion about person
Q. Do you personally know anyone that's autistic? Right, I agree 1 in 150 is diagnosed with autism. Do you personally know anyone that's autistic?
A. Yes as per the latest statistics in U.S it is 1 out of 150 of kids born has autism. I know 5 kids, all friends of family; all moms were on fertility drugs to get pg. Very sad. Two of the kids are twins and besides being autistic they have cerebral palsy.
Q. Alcoholism becomes a habit in person? How does alcoholism becomes a habit in person?
A. If you think about alcohol all the time and you need it to feel good then it's a problem. If it's just a rare but pleasant action then there is no big disaster.
It may be a problem if the alcohol being the cause of depending (physical or corporial it is not just the same!)
It may be a problem if the alcohol being the cause of depending (physical or corporial it is not just the same!)
Q. How can persons with autism learn best? The person with autism can't concentrate on studies? How can persons with autism learn best?
A. Where have you read such a misguiding message? No one can say that the person with autism can't concentrate on studies. They can be trained through specially-trained teachers, using specially structured programs that emphasize individual instruction; persons with autism can learn to function at home and in the community. Some can lead nearly normal lives.More discussions about person
This content is provided by iMedix and is subject to iMedix Terms. The Questions and Answers are not endorsed or recommended and are made available by patients, not doctors.

subset: commoncrawl


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A Council member of World Land Trust (WLT) has generously agreed to match donations to Steve Backshall's fundraising campaign up to £10,000.
On 3 April 2015 Steve will be embarking on one of the toughest events in the UK endurance calendar, the Devizes to Westminster (DW) kayak race. He is carrying out the challenge to raise funds to support WLT's conservation projects in Colombia.
So far Steve has raised nearly £2,500 through his fundraising webpage. This is almost £5,000 with match funding.
Lethal creatures
As followers of Steve will know, he has a passion for all things 'deadly'. He has travelled the world and been inspired by some of the planet's most dangerous predators. He has had close encounters with sharks, tarantula and giant squid, as well as being charged by elephants.
Despite many terrifying experiences, he still maintains that wild animals pose no threat to people – in fact quite the opposite.
One of the animals that he is most in awe of is the Golden Poison Frog (Phyllobates terribilis). Possibly the world's most poisonous frog, the species has been protected since 2012 in a reserve which WLT helped create with support from Puro Coffee specifically to ensure its survival in the wild.
The funds raised by Steve through the DW race will be used to safeguard the Golden Poison Frog and ensure protection for more land (which could well hold more poison dart frogs). Some of the land saved will be purchased through WLT's Buy an Acre programme, where tropical forest costs £100 an acre in the Chocó region of Colombia.
Saving the rainforest
Steve is delighted by the donations being generated and thrilled to hear about the match funding. He said: "That's amazing news! It means a £50 donation doubled will buy an acre – a football field worth of rainforest, safe from logging!"
Severely threatened, the Chocó forest is one of the world's wettest and most biodiverse habitats and holds many species at risk of extinction. WLT's conservation projects in the region are designed to expand and better protect reserves that are threatened by expanding agriculture, illegal logging and mining.
WLT has been working in partnership with Fundación ProAves since 2008 to protect Chocó forest habitat, which extends from Panama, through north-western Colombia into northern Ecuador.
More information
To make a donation to support Steve, visit his fundraising page »
You can also donate over the phone (01986) 874422 (office hours) or by sending a cheque to World Land Trust, Blyth House, Bridge Street, Halesworth, Suffolk IP19 8AB.
Steve Backshall is fundraising for World Land Trust »
Steve Backshall releases fundraising message »


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Dear Charles,
I wonder if I went back in time
to rewrite history all in rhyme
might we have met in a salacious bar
and made dirty love beneath the stars?
Waking up wrapped in hotel linen
tasting lips still stained with gin
I ponder how my name might sound
from your tongue with words profound
Would I become a tawdry poem,
your desire, an insatiable, cursed omen,
master, beast, A Dog From Hell
seductions of some wicked spell?
Don't leave me yet, I have not said
all I wish to proclaim before bed
take these words and eat them,
like the fabric beneath my ruffled hem~
(Read Apryl's fabulous article on L.K. Thayer
© 2012


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WordPress come with a default sidebar and widgets used in sidebars which make WordPress the best CMS on the internet today. There are also many free and premium widgets available for the WordPress sidebar. In this post I have collected some of the best free dynamic sidebar widgets for WordPress for your WordPress sidebar.
If you liked the post, bookmark on Delicious, Digg, StumbleUpon etc to spread the word. We appreciate it! You may be interested in the following modern trends related articles as well: Free Infinite Scroll WordPress Themes, Free Checkbox Plugins for WordPress, Free Recent Posts WordPress Widgets and Fixed Navigation Menus in Web Design.
Simple Page Sidebars
Designed for simplicity and flexibility, Simple Page Sidebars gives WordPress users, designers, and developers the ability to assign custom sidebars to individual pages without making any template changes. Existing sidebars can also be assigned in quick edit and bulk edit modes, helping save you time.
Dynamic Widgets Sidebar
Create exclusive dynamic sidebars for each page, post or custom post type. Enable editing within the page and begin using. Ideal for web sites that need to use different types of widgets between pages, products and posts.
Easy Custom Sidebars
A simple and easy way to replace any sidebar or widget area in any WordPress theme without coding. This plugin integrates with the WordPress Customizer so you can preview your custom widget areas on your site in realtime.
Limit Widgets
This is a simple WordPress plugin which allows a site administrator to limit the number of widgets in a sidebar. You simply go the the settings -> limit widgets page and customize the maximum number of widgets used for each menu.
WP Dynamic Sidebar
You can manage any number of sidebars/widget areas with this awesome plugin. You can feel your WordPress site more dynamic. With this plugin you can also fetch your Sidebar/Widget area any where you want like in any posts or pages with shortcode.
WordPress Widgets Shortcode
The plugin allows you to embed any WordPress Widget area/Dynamic Sidebar to your WordPress posts. The widgets can be embedded anywhere, at the begining of content, middle, bottom or where ever you want. Just put the shortcode there.
HFS Controller
You can certainly create multiple headers by creating different files for it in WordPress. Nevertheless, the process is a bit lengthy when you have lots of pages with different header or footer or sidebar. Overcoming the entire process, our HFS controller sets you free from all these hassles.
WordPress Custom Sidebar
With this plugin you can edit sidebar contents like posts in the admin area and assign them from a dropdown menu to any post or page. It supports flexible dropping via widget for independent theme association.


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'You can't focus on learning when you're in pain' — Immokalee kids get new school shoes
Jazmine Belleza, 8, walked into Snyderman's Shoes of Naples on Tuesday wearing sparkly shoes size 2 that she had worn for 10 months — and walked out with two pairs of brand-new shoes size 4½.
She is one of 250 kids from Immokalee's Guadalupe Center who will receive new shoes as part of the center's 26th annual back-to-school shoes and supplies drive, which will continue through Friday at Snyderman's Shoes of Naples.
"Sometimes you can see their toes poking through (their shoes) — that's got to hurt," said Dawn Montecalvo, president of Guadalupe Center. "You can't have confidence when you're in that kind of discomfort, and you can't focus on learning when you're in pain."
To host and fund the event, the center — a nonprofit organization that runs educational programs for low-income children — partnered with Snyderman's, the Seminole Casino Immokalee and Laces of Love Inc., a nonprofit group that provides new shoes to low-income kids in Collier and Lee counties.
Laces of Love volunteers joined Snyderman's staff members in pulling out shoes ranging from sparkly emoji sneakers to light-up Batman kicks, most in sizes 1 to 5.
Each morning this week, a bus from Seminole Casimo in Immokalee is taking Guadalupe Center youngsters from kindergarten through second grade to Snyderman's Shoes on U.S. 41 North.
Eight children are brought into the store at a time to get sized by a volunteer or Snyderman's manager Becky Joyce. The kids try on their new pair of shoes, then stand in line until a Laces of Love volunteer records their sizes, the prices and the types of shoes.
Guadalupe Center has partnered with Laces of Love for nearly 20 years. The partnership with Snyderman's of Naples began about 16 years ago, according to Montecalvo. Snyderman's donates all profits and the time of staff members for five days per year to make this event happen.
This will be the first year that Outback Steakhouse on U.S. 41 North — next door to Snyderman's of Naples — will donate a lunch for each child.
"The kids love the chicken fingers," said Sheila Oxx, director of school-age programs at the Guadalupe Center. "They say, 'These are the best chicken fingers I've ever had. My parents don't take me to nice restaurants!' "
'Start off the school year ready to learn'
Alyssa Coe, 17, is in the high school tutor corps program at the Guadalupe Center. The paid position also comes with a $2,000 scholarship each year.
This is Coe's third year in the tutor program, but this is her first year working during the summer and her first time attending the annual shoe giveaway.
"I love it. I think it's amazing," Coe said. "A lot of the kids, if you see the shoes they wear, it's not the best quality. So it's really cool Guadalupe Center can partner" with Laces of Love.
Patti Spicer taught physical education and coached sports for almost 40 years in Collier County schools, so she saw firsthand the great need for new shoes in the community.
Spicer still teaches as a substitute in Collier, but she retired in 2012 when she joined the board of directors at Laces of Love.
"Watching the kids' faces just puts a smile on my face when I see them light up," Spicer said.
Will Asher, 17, of Naples, echoed Spicer's comments. He volunteers at Laces of Love and enjoys seeing the kids happy when they get new shoes.
Montecalvo is thankful that 250 kids will be able to go back to school in the fall with new shoes.
"The kids are so excited they're going to start off the school year ready to learn," Montecalvo said. "We couldn't do this without our partners and volunteers."
How you can help
Guadalupe Center is collecting backpacks and school supplies for kids going back to school this fall. To donate shoes or school supplies, drop off the items at Snyderman's Shoes of Naples, 4901 U.S. 41 N., or at the Guadalupe Center's development office at 2640 Golden Gate Parkway, No. 106.
Monetary donations may be made online at guadalupecenter.org or mailed to the Guadalupe Center at 509 Hope Circle, Immokalee FL 34142.
For more information see lacesoflove.org.


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Communication blockers
What are communication blockers?
If you feel that communication in your project is a problem, it's ineffective, but you don't know why and how to improve it, you should check whether any of the common communication blockers are the reason. Communication blocker is something that blocks the effective communication, it's something that people do, not always intentionally, but the effects are negative both on the other project team members and the project as a whole.
Making false assumptions about the audience
For example, you can make the mistake of assuming that people already know something. It happened to me in a lot of meetings, I assumed that everybody has the necessary background knowledge and therefore I decided to don't cover the introductory information and focused only on specific issues. It was a mistake. As a result, my audience didn't understand the message properly what caused further problems in the project.
A lot of background activity in the receiver's area
The background activity can reduce the recipient's ability to hear your message or focus on your message because she is distracted. If possible, try to avoid important communication when your recipients don't have proper conditions to hear and understand the message.
Withholding information
Sometimes team members don't communicate, especially about risks and problems. They wait until it's too late to do anything about them. To avoid this situation, encourage project stakeholders and team members to communicate as soon as they identify a risk. Ask encouraging questions, at the end of each meeting you can ask for example, whether anybody has any obstacles or identified any risk in his surroundings.
Ignoring cultural differences
Ignoring cultural differences may cause a lot of communication issues. Different organizations have different cultures with regards to work hours, quality of work, accountability, etc. You can't assume that a contractor from different organization has the same culture as your organization. What you have to do is to take time to understand his culture and explain him how and why people work in your organization.
Another blocking in related with stereotypes. We can't assume that all technical people think in a certain way or that all senior management will act in a certain manner. It reduces your ability to really hear what someone is saying. You may miss cues about what your audience is thinking, or you might not deliver the information the audience is interested in.
Wrong communication channel
If you use the wrong communication media, then your message may not be noticed by the recipient or may be forgotten. For example – if you have some very important changes to communicate, don't use pull but push communication. Don't put the information to the project portal, but send a direct email to the recipients. However, if your message is not very important and urgent, don't overuse push communication, because the recipients will be overloaded and will stop paying attention to your emails.
Management by email
There are times when an e-mail or a memo is appropriate, but you can't manage entire project through emails, and you can't deliver all critical information via e-mail. Sometimes you have to have face-to-face interaction, especially when it comes to personal corrective actions. You have to read the body language in order to ensure what is the recipient's feedback for your message.
Sending mixed messages
Imagine that a team member claims that he understands what you want, but at the same time he seems confused and you see in his eyes something opposite. You have to encourage him to as questions, or simply explain everything in other words.
Selective listening
Selective listening – which means hearing only the parts of the message that you want to hear. For example, imagine a team leader presenting a status report to you. He informs that his team's tasks are mostly on track, but there are a few concerns with the schedule. You may choose to hear only the part about how things are on track and ignore the information about the schedule concerns. However, it may bring you even bigger problems in future.
Engaging in "power games"
If somebody makes decisions and takes actions based on their political gain, or for example dominate a situation based on their power, it may make other people act and communicate dishonestly.
How to eliminate communication blockers
Whenever you encounter a communication issue, think of the core reason of the problem, and try to find ways to improve it. Maybe you will have to change how the message is presented, use different communication technologies, ask experts on their opinions, and so on. It's not possible to learn everything from theory, as while working with other people, you've got so many different communication factors that each situation is unique. However, if you will apply best practices for structuring the communication management in a project, and then when you will be aware of what communication blockers may appear and how to deal with them, you may improve the overall communication efficiency and increase the probability of final success. You can learn a lot about effective communication from the PMI's knowledge portal here.


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PATATAS NANA SPECIAL EDITION for Summer Jamboree
News English
for il SUMMER JAMBOREE
The Summer Jamboree is an international music festival focused on the culture and music of the forties and fifties, known worldwide.
The important collaboration is born for the XX edition of the Festival.
For the occasion we have created a special pack for the 50g chips. all dedicated to the event!
You can find the Special Edition starting Wednesday afternoon 31 July at Spazio Patatas in viale Bonopera, 37 Senigallia, the official Summer Jamboree sales points, with our customers and on our online shop:
For more info on the event: https://www.summerjamboree.com/


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Novo Nordisk Fails, Sanofi and Lilly Win
Shares of diabetes kingpin Novo Nordisk are down more than 10% to start the week after a weekend announcement that its new long-acting insulin products, Tresiba and Ryzodeg, were not approved by the Food and Drug Administration. Is this news really worth the $13 billion that investors have lopped off of the company's market cap this morning? In the following video, health care bureau chief Brenton Flynn runs through the story in more detail and discusses why Sanofi and Eli Lilly are the beneficiaries.
Should you swap from Novo Nordisk to Eli Lilly?
Very soon, Eli Lilly will see nearly $0.40 of every $1.00 in sales exposed to generic competition. How does the company plan to respond to this huge patent cliff? Better yet, what does this mean for investors? In a brand new premium report on Eli Lilly, The Motley Fool's top pharmaceuticals analyst delves into everything investors need to know about the stock today. Simply click here now to claim your copy.
The article Novo Nordisk Fails, Sanofi and Lilly Win originally appeared on Fool.com.
Brenton Flynn has no position in any stocks mentioned. The Motley Fool has no position in any of the stocks mentioned. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.
Copyright © 1995 - 2013 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.


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As an airline known for its low fares, Spirit Airlines attracts flyers who are always on the lookout for cheap tickets. However, there are definitely ways to get the best deal from Spirit without breaking the bank, and it's important to keep in mind these 5 essential tips before booking with Spirit Airlines.
Be flexible
While you may not have been able to book exactly when and where you wanted, at least you got your seat. Now that you're officially on a plane, all that matters is that you get to your destination on time. Forget about getting a nonstop flight or sitting next to someone who might be creepy. If there are no open seats remaining, see if anyone around you is willing to change their seat so they can accommodate your request—but don't push it too far by asking an overweight person if he could sit in two seats just because he has room!
Spirit Airlines Flights/official spirit airlines site/official site spirit airlines/spirit airlines route/Spirit Airlines Tickets/spirit airlines cheap flights/spirit airlines book a flight/spirit airlines plane/spirit plane tickets/spirit airlines deals/spirit cheap flights/flying spirit airlines/Spirit flights/spirit airlines fly/book spirit airlines/spirit online check in/spirit airlines customer service number 801/customer service spirit airlines/spirit airlines customer service number 24 hours/customer service number spirit airlines/spirits customer service/spirit airlines cancellation policy/spirit cancellation policy/spirit airline flights cancelled/spirit flight cancellation today/spirit airlines flight cancellation/spirit airlines cancelling flights/spirit refund policy/spirit airlines refund policy/spirit change flight/change flight spirit airlines/spirit cancels flights/spirit airlines cancels/spirit cancellations/contact spirit airline/spirit phone airlines/spirit airline number/telephone number for spirit airlines/spirit airlines telephone number/spirit telephone number/number spirit airlines/spirit airlines phone number/spirit airlines number phone/spirit contact numbers/spirit airline contact/Spirit Airlines Customer Service Number 24 Hours/Spirit Airlines official site/Spirit flight Booking/Spirit Flight Tickets/Spirit Airline manage booking Spirit Airlines cancellation policy/Spirit Airlines cancellation policy/Spirit Airlines Customer Care number/Spirit Airlines customer service number Spirit Airlines Flights/Spirit Airlines number phone/Spirit Airlines Destinations contact Spirit Airline/Spirit Airlines Destinations/Spirit Airlines/Spirit Flight Tickets/spirit airlines baggage policy/Spirit Airlines/spirit airlines customer/service number/Spirit Airlines Websites/ spirit airlines dfw/spirit airlines to atlanta/spirit airlines nashville spirit airlines to atlantic city/flight to miami spirit/spirit airlines new orleans/spirit airlines las vegas/spirit airlines pitts burgh/Spirit Airlines Route To Cancun/spirit airlines msp/spirit airlines bwi/spirit airlines to myrtle beach/spirit airlines to denver/spirit airlines to fort lauderdale/spirit airlines detroit/spirit airlines tampa/spirit airlines dfw/spirit airlines to atlanta/spirit airlines nashville spirit airlines to atlantic city/flight to miami spirit/spirit airlines new orleans/spirit airlines las vegas/spirit airlines pittsburgh


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Grilled Belgian Endive
Marcella Hazan
Marcella's Italian Kitchen
Published by Knopf
The best-known way to cook radicchio di Treviso is over a slow wood or charcoal fire, basting the lettuce with olive oil as it wilts gradually to a pliant, tender consistency; the flame must not be allowed to char it. It can also be done successfully on an indoor grill, as described here.In America, I have only rarely seen radicchio di Treviso, and then at frightfully high prices. The round radicchio that looks like a little red cabbage is more available, but it too is quite expensive, and it is perhaps better raw than cooked. In my opinion, the most satisfactory substitute for the skinny Treviso radicchio is that far more abundant member of the same chicory family, Belgian endive. The one ingredient for which there is no acceptable alternative in this dish is good olive oil, whose irreplaceable flavor must seep into the endive as it softens slowly over, or under, the fire.
Cooking Methodbroiling
Total Timeunder 30 minutes
OccasionBuffet, Casual Dinner Party
Recipe Courseside dish
Dietary Considerationegg-free, lactose-free, vegan, vegetarian
Five Ingredients or LessYes
Taste and Texturesavory
Type of Dishvegetable
- 5 thick heads endive, about 1½ pounds
- Salt
- Black pepper in a grinder
- ¼ cup extra virgin olive oil
Turn on the broiler.
Discard any of the endive's bruised or wilted outer leaves. Cut away a thin slice from the root end to remove the usually discolored surface portion of the stem. Wash the endive under cold running water, then shake off the moisture.
Cut each head of endive in half lengthwise. Make a cut in the root end, cutting half as deep as the root is thick and running the cut from the bottom to where the leaves join the root.
Place the endive cut side up on a broiling pan. Sprinkle liberally with salt and grindings of pepper and pour the olive oil over it in a thin stream. Insert the pan in the broiler at the level farthest away from the heat.
After 10 minutes, turn the endive over and baste with the oil in the pan.
After 7 or 8 minutes, turn the endive over once more so the cut side will again be facing up. Baste again with the oil from the pan, directing it, as much as possible, between one leaf and another, and adding fresh, raw oil if necessary.
Bake for about 5 minutes, depending on the thickness of the endive. It is done when you can easily pierce the root end with a fork. Expect the tips of the leaves to be somewhat blackened. It is not only acceptable, but desirable. Serve hot or even lukewarm.
Read NextAlice B. Toklas Chicken
1986 Marcella Plini Hazan and Victor Hazan


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DAYTONA BEACH, FL (January 19, 2015) – The Daytona Beach Symphony Society (DBSS) is happy to announce that the next concert in our 63rd Season will be a performance by Chanticleer at 7:00pm on January 24th at Peabody Auditorium.
GRAMMY® Award-winning Chanticleer is known around the world as an "orchestra of voices". The San Francisco based ensemble's seamless blend of its twelve male voices, ranging from countertenor to bass, will amaze all. The program includes vocal literature from Renaissance to jazz, and from gospel to venturesome new music.
Tickets for Chanticleer are available up to and including the day of the performance, as well as for the rest of the season. Please visit our website at www.dbss.org for more information. Or, to purchase tickets, visit the Peabody Box Office, or call 800-745-3000.
About the Daytona Beach Symphony Society
For sixty-three years the mission of the Society has been to bring people and music together. The Society is dedicated to annually presenting a winter music series comprised of the finest symphonic orchestras and soloists, and to make that concert experience accessible to the widest possible audience. The Society may also present ballets, operas, choruses, modern music and dance, in support of its mission. DBSS can be contacted at P.O. Box 2, Daytona Beach, FL 32115 – 386-253-2901 – email: [email protected].
Information about upcoming performances and events can be found at www.dbss.org or by calling 386.253.2901.
Tracy Marino, Director of Marketing & Development
Daytona Beach Symphony Society
Ph: 386.253.2901
P.O. Box 2
Daytona Beach, FL 32115


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In October 2012, a dream was realized for two dynamic ovarian cancer survivors: Anne Tonachel and Robin Bray. Their dream was to provide a restorative retreat for other ovarian cancer survivors in the northeast. When the amazing Kennedy family of Camp Kieve and The Kennedy Learning Center provided the retreat space (in honor of a family member with ovarian cancer), this restorative retreat was born.
Saturday, March 1, 2014
Kayaking 2013!
Posted by Sandy Allten, RN, OCN, CCRP at 3:03:00 PM
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Tough, flexible and unbeatable! This is a unique model, technically advanced and fully customizable. Lightweight and with Jawbone technology. Both the nose pad and temples are adjustable, giving you unbeatable comfort.
This is the ideal skating eyewear, as they're specifically designed for action and movement, which is why this is also the first choice of nordic skiers! Now skaters can enjoy a perfect fit too. Anytime, in any conditions!
The big cylindrical lens is ventilated and maximizes your field of view. Fusion is equipped with Hydro Lens Tech™. A lens with high optical quality for clear vision in different weather conditions. This is the perfect choice for skating other demanding multisports. Fusion is the right choice if you have high demands and high ambitions.
COLOR: White
LENS: Smoke w red multi


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During an interview Wednesday night with "Touched by an Angel" star Roma Downey and her husband Mark Burnett Fox News anchor Bill O'Reilly proclaimed that, "a lot of the Bible is allegorical," and that "the New Testament Gospels contradict themselves."
Burnett and Roma are the executive producers of "The Bible" TV miniseries which begins this Sunday night on the History Channel. Downey, who portrays Jesus' mother Mary in the series, opened the interview by declaring her solid faith in Holy Scripture. "Bringing the Bible to the screen came with a huge responsibility and one we took very seriously," Downey said. They also wanted to make the series something that young people could get into. "You know, we have teenagers at home and it's hard to get them to read anything." Downey said. "And one of the goals here was to get this generation interested and excited about Scripture, and I think we've been able to achieve that."
O'Reilly then showed his worldly skepticism (and his ignorance of Scripture) when he asked Downey: "When you say you're a believer, do you believe in the Bible literally? I mean you believe that Adam and Eve were out there, and the snake and the apple and all of that business?"
"I do indeed. I believe the truth of the Bible," she affirmed. "That's what I was taught, and it's been a wonderful, wonderful faith for me my whole life."
I would have answered O'Riley a bit different. First, I would have pointed out that although many Christians have been "taught" these stories from the Bible, I have studied the Scriptures myself and found that Adam and Eve were not common names like we use today, as much as they were descriptions of what these "new created beings" were. Adam is the Hebrew word for "man" and Eve is translated "mother of the living". Also, Scripture does not describe that what the couple ate was an apple, but only as some type of produce from the tree of the knowledge of good and evil.
All the confusion about Adam and Eve and the "serpent" in Genesis 3 has arisen from people taking literally what is expressed figuratively and taking figuratively what is literal. For example, the Hebrew word rendered "serpent" in Genesis 3:1 is Nachash, and means, a shining one. The Nachash, or shining one, who beguiled Eve, (2Corinthians 11:3) is also spoken of as "an angel of light" in verse 14. It seems to me then, that it was not a snake at all, but a glorious shining being, apparently an angel, to whom Eve paid such great deference, acknowledging him as one who seemed to possess superior knowledge, and who was evidently a superior being.
O'Reilly continued the questioning making sure that he put a plug in for his upcoming book saying: "Ms. Downey, I'm writing a book, 'Killing Jesus,' about why Jesus of Nazareth was executed. It's a history book. But obviously, the Gospels that discuss this were involved with that. But there are some contradictions among Matthew, Mark, Luke and John. And then it's my job and Martin Dugard, my co-author, to cut through the contradictions and to try to give a narrative of what actually happened to Jesus, because he was executed."
O'Reilly never elaborated on the contradictions he alleges exist in the New Testament, but he may be referring to the gospel accounts of Jesus' crucifixion and that both the robbers reviled Him in Matt. 27:44 and Mark 15:32; while in Luke 23:39 only one of them mocked Him, while the other rebuked him for doing so. (v. 40)
Mislead by tradition and the ignorance of Scripture on the part of medieval painters, it is the general belief that only two were crucified with the Lord. But Scripture does not say so. It states that there were two "thieves" (Matt. 27:38; Mark 15:27) but there were also two "malefactors". (Luke 23:32)
If there were only two, this is a real discrepancy; But by studying these verses we find that the first two (malefactors) who were "led with Him" were placed one on either side. Then when the other two (robbers) were brought later, they were also similarly placed; so that there were two (one of each) on either side, with the Lord in the middle of them. The malefactors were therefore the nearer, and being on the inside they could speak to each other better, and the one with the Lord, as recorded in Luke 23:39-43.
But John further states in John 19:32, 33: "then came the soldiers and brake the legs of the first, and of the other which was crucified with Him. But when they came to Jesus, and saw that He was dead already, they brake not His legs." Had there been only two, (one on either side of Jesus) the soldiers would not have broken the legs of one, walked around Jesus, and then broken the legs of the other and then turned back again to Jesus. But if there were FOUR men (two on each side of the Lord) then they would have come to Him after they had broken the legs of the first two. From this evidence, therefore, it is clear that there were four "others" crucified with the Lord; and thus, there are no "discrepancies".
After I had this same discussion with a friend he asked, "What does it matter as long as we know that Jesus died for our sins?" It matters because there are intelligent people like Bill O'Riley who will be able to weaken the faith of some by bringing up these so-called contradictions.
Sadly, most of what Christians believe does not come from studying Scripture, but from TV specials, movies and greeting cards. And while I encourage you to watch this series I would also encourage you to discover God's truth by studying Scripture yourselves.
For the time will come when men will not put up with sound doctrine. Instead, to suit their own desires, they will gather around them a great number of teachers to say what their itching ears want to hear. They will turn their ears away from the truth and turn aside to myths. But you, keep your head in all situations, endure hardship, do the work of an evangelist, discharge all the duties of your ministry. (2 Timothy 4:3-5)


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The Last Samuri retired
The Last Samuri (blue & yellow) chasing home Rule The World at Aintree in 2016
© Photo Healy Racing
Tributes have been paid to The Last Samuri after a decision was made to retire the 2016 Grand National runner-up.
Time was called on the career of the 11-year-old, who had an entry in the Glenfarclas Cross Country Chase at next week's Cheltenham Festival, after he failed to complete in a veterans' chase at Newbury on Saturday.
Initially starting out with Donald McCain, the Paul and Clare Rooney-owned gelding — who won eight out of his 27 races — switched to Kim Bailey in 2015 before joining Harry Fry in November.
Jason Maguire, racing manager to the owners, said: "Paul and Clare Rooney are delighted to retire The Last Samuri as a sound horse.
"He has given them some great days. Obviously, his second in the 2016 Grand National was a brilliant run — and that day he gave it his all.
"It was going to be his last year. But he went to Harry (Fry) to see if a change of scenery could rekindle the old spark, and it looked for a moment as though it did at Taunton.
"They are very fair people and they didn't see no point in slogging the horse around for no reason — so they took the easy decision to retire him after Newbury."
Maguire confirmed that The Last Samuri, whom he rode himself on seven occasions before calling time on his career in the saddle, will spend his retirement with a familiar face.
He added: "Kim Bailey's daughter is going to look after him in retirement, because she knows the horse well.
"I am sure he will do some Retraining Of Racehorses events, and it will be great to see the horse kept busy and not just stuck in a field.
"Hopefully he will have a great retirement."
Gold Cup-winning trainer Bailey echoed the sentiments of Maguire, describing the diminutive gelding as a "complete trojan" and a "little gem" of a horse.
Bailey said: "He was a horse I was really fond of.
"He was a complete trojan. He was small , compact and an unbelievable athlete. He was a super jumper, gutsy and just a little gem really.
"At home he would always go out in front of the string, and he never worked with any other horse — but that was him.
"The only other horse that I have had like him was Docklands Express. He was very similar in build and had the same agility. Both horses could turn themselves to anything, because they were so gifted."
Although The Last Samuri failed to better his 2016 Grand National effort, finishing 16th a year later and pulling up in the race 12 months ago, Bailey has fond memories of his near miss on Merseyside.
He said "It was a remarkable performance on ground that most probably didn't suit him, because it had been raining and it was bottomless. He ran his heart out.
"It looked like he was going to win coming to the second last, but that was the longest run-in off my life. I went through all the emotions from thinking we were going to win to losing in such a short space of time.
"It was a great moment, and I was immensely proud of the horse. He was not quite a Gold Cup horse — but he was a seriously good handicapper."


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News Release from: Clackamas Co. Sheriff's Office
Media and Interested Parties
Please reference Clackamas County Sheriff's Office Case #12-5691
On Wednesday, Feb. 29, 2012, Clackamas County Sheriff's Office property-crimes detectives arrested Stephen Thomas Orchard, age 24 of Molalla, on two counts of Burglary II.
Mr. Orchard was lodged into the Clackamas County Jail and will be arraigned today (Thursday, March 1) at 3 p.m.
The two burglaries had occurred last week in the Mulino area. In both instances items were stolen from unsecured outbuildings on rural property.
One of the victims contacted the Sheriff's Office to report he had located one of his stolen chainsaws for sale on Craigslist. CCSO detectives worked together with the victim to orchestrate the recovery of the stolen chainsaw and the subsequent arrest of Mr. Orchard.
Further investigation revealed Mr. Orchard was in possession of several stolen items including a saddle, fishing equipment and power tools. Mr. Orchard was found in possession of additional stolen property linked to the second burglary.
All together detectives recovered over $10,000 of stolen property to be returned to its rightful owners.
Sheriff's Office detectives believe there may be additional victims of burglary or theft that have not yet reported their missing items. If you are aware of an unreported burglary or theft, particularly in the Mulino area, you are encouraged to report the crime to your local authorities.
The Clackamas County Sheriff's Office is seeking tips and information regarding this crime.
Anyone with information concerning this crime is encouraged to contact the Clackamas County Sheriff's Office's confidential Tip Line -- by telephone at 503-723-4949 or by using the online e-mail form. Please reference Clackamas County Sheriff's Office Case #12-5691.
The public can also submit crime-tip text messages to the Clackamas County Sheriff's Office from a cell phone. All users have to do is send a text message to CRIMES (274637 on your phone keypad) -- with the keyword CCSO as the first word in the message body.
Important reminder: Please do not send emergency messages using the text-messaging system -- in case of an emergency, call 911.
Please reference Clackamas County Sheriff's Office Case #12-5691.
Contact Info:
James Rhodes, Sergeant
Office of Public Information
Clackamas County Sheriff's Office


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In the second of our two-part series, Love Wholesome's resident recipe tester Jo-ann Huang tells you how to turn a yeast starter into a delicious loaf of sourdough.
In our last post, we established beyond a reasonable doubt that sourdough is the king of bread. Wild yeast; a complex, tangy taste; a golden-to-dark-brown crust – what more could you want?
Well, for starters, maybe a cheaper option than buying sourdough at an artisanal bakery. So here we are, a handy how-to guide to baking your own sourdough. We've already covered making a yeast starter, which is the most complicated and time-consuming part of the process. Next up: baking.
How to bake sourdough bread
First, use all measurements exactly as given (you have been warned!). I highly recommend a good quality bread flour, too, because it gives a richer taste and softer crumb. I like Bob's Red Mill, which you can get from good baking supply shops.
Bread dough made with wild yeast takes a lot longer to rise, so you'll need at least eight hours to prepare it before baking.
Wild yeast's "oven spring" (a baking term for the bread's rise in the oven) is also more difficult to control than when using commercial instant yeast, so don't be disheartened if your first attempt doesn't turn out as pretty as the loaves in the artisan bakery.
To make one loaf of bread, you will need:
- 400g of strong bread flour
- 160g of sourdough starter
- 5g of table salt
- 230ml of water
- A large mixing bowl
- A proofing basket ("proofing basket" is a fancy term for a bowl large enough to hold the dough as it rises)
- A spatula
- A clean work surface
- Clean tea towels
- A spray bottle filled with water
- Combine the flour and salt in the bowl. Add water and sourdough starter to the mixture. Mix well with a wooden spoon until it comes together into a shaggy mess.
- Turn the dough out onto a clean, slightly wet surface and knead it until smooth and elastic. A good dough has a windowpane effect – if you stretch the dough until it is thin and hold it up, it should let some light pass through.
- If the dough is still sticky, continue kneading. Do not add more flour. Wet your hands slightly before kneading to contain stickiness.
- Return the dough to mixing bowl, cover with a damp tea towel and let the dough rise for four hours at room temperature.
- After four hours, turn the dough on a clean work surface and knock it back by slapping it on the work surface a few times, to remove air from the dough. Shape the dough into a ball. Line the proofing basket with a tea towel, dusted with flour. Lay the dough with the bottom facing up into the proofing basket.
- Cover the basket with a damp tea towel and let it rise for another four hours, or leave overnight in the fridge to bake the next morning. A cooler environment may require a longer rising time – some recipes recommend 8 to 10 hours.
- Preheat the oven to 230 degrees Celsius. Flip the dough on the baking tray. Dust with flour and score with a sharp knife or razor blade. The scoring will help control the rise of the bread and make sure the steam produced in the dough doesn't crack the dough open at the sides.
- Before you put the dough in the oven, spray the surface of the bread with water. Put the dough in the oven, spray with water and close the oven door quickly. The steam produced will make the crust thick and chewy.
- Bake for 20 to 25 minutes until brown and fragrant. Cool for 30 minutes on a wire rack before slicing it open to admire your hard work. You know it is done when the bread sounds hollow when you tap it.
So there you have it – your first sourdough loaf. But wait, there's more!
A few more things…
After a few attempts at doing this, I've learned a couple of things that might be helpful to first-timers.
- Some YouTube bakers place their dough in a Dutch oven, which traps the steam in, in order to produce a thick, chewy crust. This is recommended if you have a large oven. My oven is small and it traps steam and heat efficiently so there isn't a need for the Dutch oven.
- Some bakers also recommend placing a tray of boiling water in the oven to produce more steam. This is also not necessary – spraying the dough and the insides of the oven with water is sufficient.
- Use only white bread flour in this recipe. Rye and whole wheat flours tend to produce a very dense loaf. White bread flour has more gluten so it rises and retains its shape a lot better. The flour also makes for a much softer loaf.
- Use a standard oven. I tried using my mum's fan-forced glass oven and it resulted in uneven baking. The bottom of the loaf was still moist and it didn't achieve a hard crust. There were also huge cracks in my bread as it rose too unevenly. So I bought a small convection oven just for baking. It traps and distributes the heat a lot better than a fan-forced glass oven.
- It is worthwhile to read up on the science of sourdough. There is a reason why your sourdough starter smells and acts the way it does, and much research has been done on the strains of yeast involved in the fermentation process.
- The discarded sourdough starter can be used to bake other types of pastries, such as pizzas, buns and pita bread. Don't waste it!
- If you are obsessed with perfecting your sourdough making skills, continue to practise and experiment with different portions of flour, or with different recipes, until you find the right mix that works for you. There are also many sourdough baking classes if you would like to learn from the experts.


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Delve into the world of Kotlin and learn to build powerful Android and web applications
Key Features
- Learn the fundamentals of Kotlin to write high-quality code
- Test and debug your applications with the different unit testing frameworks in Kotlin
- Explore Kotlin's interesting features such as null safety, reflection, and annotations
Book Description
Kotlin is a general-purpose programming language used for developing cross-platform applications. Complete with a comprehensive introduction and projects covering the full set of Kotlin programming features, this book will take you through the fundamentals of Kotlin and get you up to speed in no time.
Learn Kotlin Programming covers the installation, tools, and how to write basic programs in Kotlin. You'll learn how to implement object-oriented programming in Kotlin and easily reuse your program or parts of it. The book explains DSL construction, serialization, null safety aspects, and type parameterization to help you build robust apps. You'll learn how to destructure expressions and write your own. You'll then get to grips with building scalable apps by exploring advanced topics such as testing, concurrency, microservices, coroutines, and Kotlin DSL builders. Furthermore, you'll be introduced to the kotlinx.serialization framework, which is used to persist objects in JSON, Protobuf, and other formats.
By the end of this book, you'll be well versed with all the new features in Kotlin and will be able to build robust applications skillfully.
What you will learn
- Explore the latest Kotlin features in order to write structured and readable object-oriented code
- Get to grips with using lambdas and higher-order functions
- Write unit tests and integrate Kotlin with Java code
- Create real-world apps in Kotlin in the microservices style
- Use Kotlin extensions with the Java collections library
- Uncover destructuring expressions and find out how to write your own
- Understand how Java-nullable code can be integrated with Kotlin features
Who this book is for
If you're a beginner or intermediate programmer who wants to learn Kotlin to build applications, this book is for you. You'll also find this book useful if you're a Java developer interested in switching to Kotlin.
Table of Contents
- Getting Started with Kotlin
- Kotlin Basics
- Object-Oriented Programming in Kotlin
- Functions in Kotlin
- Higher-Order Functions and Functional Programming
- Properties
- Null safety, Reflection, and Annotations
- Generics
- Data Classes
- Collections
- Testing in Kotlin
- Microservices with Kotlin
- Concurrency
- Coroutines
- Application of Coroutines
- Kotlin Serialization


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Thursday, February 20, 2014
It was recently announced that former New York Governor Eliot Spitzer and his wife, Silda, would divorce after 26 years of marriage. This revelation in and of itself wasn't all that shocking, as the pair had endured numerous, high-profile marital strains. The greater surprise, it seemed, was that the pair also indicated that the split would be uncontested.
In contemplating filing for divorce in Brooklyn, people often assume that if the marriage was long-term or if there are minor children involved or if there are a large number of assets or funds (all of which is true in the Spitzer case) that it is impossible for the divorce to be uncontested.
This is not true, though it will require an experienced divorce lawyer in these cases to ensure your interests are protected. There are benefits to each type of filing - contested versus uncontested - and the kind of divorce you seek will depend largely on your own individual situation.
An uncontested divorce is on in which both spouses agree to all issues concerning the dissolution of marriage. That is, not only do both spouses want the divorce itself, but they agree on the grounds for divorce, child custody arrangements, visitation rights, spousal maintenance, child support and equitable division of the marital property and debts.
If these issues can be resolved before the divorce is ever even filed, then neither of you have to appear in court and the divorce will be considered uncontested from the very inception.
A contested divorce, meanwhile, is when spouses disagree on the aforementioned issues, or some combination of them. For example, your spouse may not contest the divorce itself or child custody or even child support payment amounts. However, he may have an issue with the way you propose dividing the property. In this case, a contested filing would be more appropriate.
Contested filings are inevitably going to be more expensive. They will require more time from your attorney, and tend to be taxing on those involved, both financially and emotionally. In some cases, if there is vehement disagreement, procedures may drag on months or possibly even years.
The time span of an uncontested divorce isn't guaranteed either, but it is likely to be significantly shorter than a contested divorce. Much of it will depend on the level of cooperation we get from both spouses. The faster both spouses sign and submit the paperwork, the faster it can be processed. Local clerks of courts may vary in how quickly they file what you have submitted (depending on backlog, staffing levels, etc.), but if all runs smoothly, an uncontested divorce could be completed with a final judgment within three months.
So long as the divorce remains uncontested, neither party will need to appear in court, as all matters can be handled by mail, phone, email or fax.
The process is also decidedly less expensive. At the Brooklyn Law Office of George M. Gilmer, we offer uncontested divorce filings starting at $399.
It is possible in some cases that a divorce that begins as uncontested could turn contested. There is always the chance that after signing the initial paperwork, one spouse could decide that he or she does not agree with the grounds for divorce, the type of relief sought, the terms of the child support or custody arrangements or property division.
The best way to avoid this possibility is by reaching an agreement with your spouse about all of these matters prior to filing. You may wish to meet with a divorce attorney prior to opening the discussion with your spouse to determine the best way to approach it.
If you are contemplating a divorce in New York City, call our offices at (718) 864-2011.
Tuesday, February 18, 2014
A mother in Massachusetts was recently arrested after patrons at a supermarket called police to report she had abused her 5-year-old son.
Witnesses say she began to spank the child while in the check-out line of the store. Onlookers urged her to stop, but she continued. Roughly a dozen patrons then followed her out to the parking lot, wrote down her license plate number and called police. She explained she had merely been disciplining her son, an "active" child. However, she was arrested on charges of assault with a dangerous weapon on a child under 14. Local social services have opened a case file on her and her family.
Our Brooklyn family law attorneys know that parents of young children will at some point inevitably lose their temper. In some families, corporal punishment is considered a moral and effective form of discipline. There are some who argue it isn't used enough, which explains some of our societal failures.
But is corporal punishment legal in New York?
The answer is yes. However, that does not necessarily mean that the New York Administration of Children's Services won't get involved in cases of legal child discipline. What one family perceives as perfectly normal, another may deem harsh.
These kinds of claims will often arise in child custody battles, where one parent interprets the corporal punishment as discipline, while another deems it abusive.
In the end, it's often social workers who are tapped to make the judgment call. Such a determination, even if it doesn't result in arrest, can have a profound impact on an individual and a family.
Setting aside the various moral arguments for and against spanking, let's focus here on the legal aspects.
Corporal punishment for children in New York is legal. However, parents should be mindful of N.Y. FCT. Law 1012. This law holds that a child (that is, a person under the age of 18) could be considered "neglected" when his physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired due to his parent or caregiver "unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereto, including the infliction of excessive corporal punishment."
This law is painfully broad, and is open to a wide degree of interpretation.
The state's criminal law, specifically N.Y. Pen. Law 35.10, is a bit narrower in its definition of justification for use of physical force against children. This law states that a parent, guardian or person entrusted with the care and supervision of a person under the age of 21 can use physical force (but not deadly physical force) upon such person when and to the extent that he reasonably believes it necessary to maintain discipline or to promote the welfare of such person.
The key work here is "reasonably," and that is open to interpretation of the court.
Some states have taken these laws a step further by specifically defining "how hard is too hard." In Texas, for example, disciplinary spanking is confined to the buttocks. A bare hand may be considered abusive, but the use of an instrument, such as a belt, may not so long as injury does not occur. A child who is bruised or requires medical attention may be considered abused.
However, New York doesn't offer up such specifics.
What is clear is that the standard for proving child abuse stemming from corporal punishment is much higher in criminal cases than in family court. So even if hitting or spanking a child for disciplinary purposes may not land you in jail, it could very well impact your ability to maintain custody of your children. The family court judge may require you to attend parenting classes or some type of anger management course - at your own expense, of course.
In some cases, ACS may petition the court to have your children removed from your home, resulting in trauma to both you and the children.
Successfully fighting back against these sorts of ACS actions requires the assistance of an attorney who is experienced in New York family law.
Contact the Brooklyn Family Law Office of George M. Gilmer at (718) 864-2011.
In my years of representing clients in ACS cases (Administration for Children's Services, the Child Protective Service ("CPS") of New York City) on abuse and Neglect cases, a common thread of fact patterns generally arise. Generally ACS opens a case based upon an anonymous tip or phone call to the child abuse hotline. The next thing the parent knows, a full blown investigation is occurring and the parent is being called to court with the threat that their child or children is going to be placed into foster care. Many parents come to me when they have been called to Court, perhaps even having their children already removed from the home. The parent asks me with dismay, "how did this happen?"
To me, after interviewing the client, I completely understand why the parents are in the trouble they are in. They talked too much at the onset of the investigation. Below is a list of the Pros and Cons when dealing with ACS.
1. ACS knocks on your door should you let them in?
PROS: If you let them in, it will perhaps make them less suspicious and if a false complaint was filed against you they may quickly realize this once they interview you and your children (see my advice about allowing your children below) there is nothing wrong and may close the case quickly.
CONS: If you let ACS in, especially if you let them in when the house is disheveled, you're arguing with your spouse, you are intoxicated, or before speaking to an experienced attorney, It can open up a can of worms. I have represented many clients, accused of a very minimal charges by ACS initially, who, by letting in ACS in caused greater problems. For example, in one case, a client of mine was accused of neglect because a call came in that they were smoking marijuana in front of their child. ACS was allowed into the apartment and upon being interviewed by the Case Worker the parents admitted to smoking marijuana and drinking on occasion. The parents, who were not drug or alcohol abusers, who did not smoke in front of their child, where forced into substance abuse treatment over the threat of losing their kid. This is because they both admitted to smoking marijuana. When one of the parents missed a couple of appointments at the treatment program, their case was called into court. Although the case was resolved without removal, their bad judgment in letting ACS in and then disclosing all of their personal information here while not under oath was not a good move. Not everyone that smokes marijuana on occasion or drinks is a bad parent, but it is the Agency's job to make out a case against you and paint you in a bad light.
Thus, unless ACS is accompanied by the police or armed with a Court Order, do not allow them into your home. Send them away and tell them and call a Child Protective Attorney, like myself. If they have grounds to enter your home the can obtain a court order to do so. You never know what ACS will find when you let them in, so be careful. Furthermore, unless there is a Court Order to do so, you do not have to speak with ACS and you do not have to answer their questions.
Remember, if you don't let them in, it may arouse suspicions and ACS may come back with a Court Order or come with the Police to get in or a Court Order for you to appear in Court. At this point you will have to either let them in or go to Court. You will have to use your judgment, but in my opinion, if the allegations against you are not that serious, the PROS outweigh the CONS in not letting them in.
2. ACS after obtaining access to your apartment wants to speak with your children alone, should you let them?
PROS: Once again, allowing CPS in and allowing them to talk to your children alone may decrease the aggressiveness of the agency in its investigation of you and may lead to a quick resolution of your case if nothing incriminating is found during the interview process.
CONS: "Kids say the darndest things." I have had many clients who have allowed ACS to interview their child alone and their child throws them under the bus to the caseworker. Kids, especially young ones, make up stories and lord knows this is the wrong time for a story to be made up. I have had a case where a child said to the caseworker that "my mommy is an alcoholic." The child was five years old and probably didn't even know what that was but most likely heard daddy and mommy arguing and repeated what he heard. The original investigation was not opened because of daddies or mommies drinking, it was for some unrelated allegation. The child's statement, however, opened up a can of words an gave ACS more to investigate.
3. ACS wants to get HIPAA medical authorizations for you and your children, should you sign them?
CONS: I would never advise anyone under any circumstances to sign HIPPA authorizations without proper legal counsel and/or without Court Order. Very often people are forced to sign blank documents which give ACS carte blanche to conduct a fishing expedition into someone's medical record.
4. ACS asks you if you drink or use alcohol, should you answer them?
CONS: No, see above example. Don't lie, just refuse to answer the question and tell them that you want to speak to an attorney. Your admitting to use will always be used against you.
If you have a drug or alcohol problem, by all means get help for it. See a therapist go to AA meetings but as soon as you involve your use with your children, ACS will make your life very difficult.
5. ACS asks you if you have a prior history of mental illness.
See answer to Number 5. If you have mental health issues, and you know it, get help. It is your duty as a parent to do so. The Court cannot deny your rights as a parent so long as you are seeking out help for your condition. If ACS gets involved however, and you either admit to them a mental illness, you allow them into your medical history where they find it out (see the section about signing HIPPA releases) or by your actions it's clear, you could lose your children.
What should you do if ACS is knocking on your door?
Ask them for details about the allegations. Many times, ACS will knock on your door and not even tell you what you are being accused of. If this is the case, and they do not have a Court Order, do not let them in. You have the right to know what you are bring accused of. Ask the Case Worker to also provide paperwork to you concerning the case. When an investigation is started on an ACS case, the agency generates a letter informing you that you are the subject of an investigation. From the date of this letter the time starts to tick on the investigation. ACS has 60 days to complete their investigation. You want to see a copy of this letter. If you can, try not to let them in until you talk to an attorney, if they do not have a Court Order to gain entry you have this right.
If you have any further questions, please contact me, a Brooklyn, New York City ACS lawyer at 718-864-2011.
Saturday, February 15, 2014
A recent in-depth report in The New York Times explored how the American definition of "family" has been rapidly evolving over the last several decades.
The "typical" nuclear family of a young wife, husband and 2.5 children is no longer necessarily the norm in many places. In addition to families headed by homosexual partners, many families have become blended following second and even third marriages. They are more racially, ethnically and religiously diverse than they were even a generation ago. Some people delay marriage extensively or reject it altogether in favor of cohabitation. The birthrate has been halved since 1960, and older generations are finding love and choosing marriage later in life than ever before.
As the American family has changed, the American legal system has struggled to keep the pace. Our Brooklyn family law attorneys recognize that we have seen this in states' approval (and bans) of gay marriage, expansion of adoption laws and the rise of prenuptial agreements and cohabitation agreements.
One of the greatest changes over the last several decades, the Times reports, is the number of people who are choosing to cohabitate and have children outside of wedlock. While women with bachelor's degrees or higher marry before having children about 90 percent of the time, the numbers are far lower for everyone else. More than 40 percent of all babies are now born outside of marriage - which is a 400 percent increase since just 1970.Of those mothers who are unwed, about 25 percent live with a man who may or may not be the child's biological father. Cohabitation rates have risen by nearly 170 percent just in the last several years, from 2.9 million in 1996 to 7.8 million in 2012.Cohabitation agreements have also become increasingly important for homosexual couples, particularly in states where their marriages are not recognized.Additionally, the number of gay couples with children has doubled just in the last decade, according to the Williams Institute at the University of California, Los Angeles. Researchers there say well over 100,000 gay couples are raising children in America. Other estimates put the number of children being raised by gay parents at close to 2 million, or about 1 out of every 37 children. The rights of both parents in these unions must often be affirmed and protected through legal paperwork filed in family court.Another aspect that has thrown the family legal system for a loop is the rate of working mothers. It used to be in divorces or other family legal matters that the male/father would be expected to support the family both during the union and after a divorce. But women's paychecks have become not only vital to their family's financial health, in many cases, they are now the breadwinner (40 percent of families are headed by women who are the primary wage earners, versus 11 percent in 1960). That has resulted in a shift in the way courts approach issues of child and spousal support.Then there is the overall shift in the age of those who are getting married for the first time. The average age for men has risen from about 23 in 1970 to 29 in 2010. For women, it was 20 in 1970. Now, it's nearly 27. Delaying marriage has given individuals more time to focus on their careers and obtain financial stability. This in turn has led to lower divorce rates among these cohorts after they actually do get married. However, it has also increased the number of premarital agreements signed, as each party has more interest in protecting the assets they brought into the union, including homes, vehicles, savings and retirement accounts.Children, too, are being delayed. In 1970, most first-time mothers were 22. As of 2010, they were 26. There has been a significant shift in the number of teen mothers as well, with most first-time mothers having their children in their mid-20s to early-30s.We also see fathers who are more involved than ever in their child's lives. That has meant that in the event of a divorce, custody isn't automatically assumed to go to the mother, as it was in years' past. Fathers are now given equal consideration in terms of custody and child-rearing.As this research shows, there are many reasons beyond simply divorce why a New Yorker might seek the services of a family law attorney. We're here to help.If you are in need of a Brooklyn family law attorney, call our offices at (718) 864-2011.
Our Bronx divorce attorneys want to steel our clients for the financial impact of divorce. Particularly in a contested divorce, individuals should anticipate a year or two of financial strain, which will include upkeep of all the previous expenses, plus those you will incur while maintaining a separate household. There are attorney's fees, court expenses and support payments to consider.
All of these can be significantly mitigated when a divorce is uncontested versus contested, but the the type of filing you choose will be heavily dependent on your individual situation.
Still, one aspect of divorce that tends to get less attention, though, is the financial benefit. Most people expect their savings to take a dive, but they fail to consider that in many cases, a divorce may actually boost one's credit. A recent Divorce and Credit survey conducted by Credit.com found that nearly half of respondents realized a credit boost once their divorce was finalized. About 30 percent indicated a "significant" increase.
The 530 adult respondents varied in age, education level, location and income level. Admittedly, this wasn't a nationally representative group, but the results nonetheless offer a different perspective on divorce and finances than the one we are so used to hearing.
Overall, 46 percent said their credit score had improved following divorce. Of those 29.66 percent said their score had improved significantly, while 16.35 percent said it improved "a little."
There were 12.36 percent who said their score become a little worse and 19.01 percent who said their score got significantly worse. About 23 percent said they didn't know how their score was affected.
Those couples who did indicate a dip in credit scores following divorce were more likely to indicate that finances were a central reason for the split. Among those whose scores decreased after a final judgment was issued, about 7 percent indicated that finances were a prime factor in the separation. Compare that with those who saw a credit score increases, where only about 4 percent said money was the main issue. Of those whose credit score climbed, more than 40 percent said money had nothing to do with the breakup, compared to 30 percent of those whose scores had dropped following divorce.
The reality is that divorce itself doesn't have any direct impact on your credit. You get no positive or negative marks either way for the actual filing.
Thursday, February 13, 2014
Experiencing money troubles can touch every aspect of your personal life. When there is not enough cash to go around, the typical person starts prioritizing financial obligations. A person might cut back on food and clothing expenses, cut out recreational or entertainment spending, or may pay some bills late. When there is little or no money due to a loss of income, the situation may become dire.
Bankruptcy is the answer for many New York residents facing financial difficulties. Chapter 7 can completely and forever discharging debts, but Congress has identified some debts that will survive a Chapter 7 bankruptcy discharge. One debt category that is especially difficult to discharge is child support arrears. It is important to seek experienced counsel before filing a bankruptcy case with a child support arrears.
Child support arrears are not discharged
A Chapter 7 bankruptcy case does not discharge a child support debt. Specifically, Section 523(a)(5) of the Bankruptcy Code excepts from a Chapter 7 discharge a debt "for a domestic support obligation." Section 101(14a) includes a child support arrearage in the definition of a "domestic support obligation" when the debt is:
Bankruptcy does not stop collection of child support arrears
When a person files a Chapter 7 bankruptcy case, collection actions against the debtor must stop, but Congress has carved out another exception for collecting child support arrears. Section 362(b)(2)(A) states that the bankruptcy automatic stay does not apply to:
In a Chapter 7 case, the debtor's post-filing income is not property of the bankruptcy estate. Consequently, a wage garnishment or income tax refund intercept to collect a child support arrearage may continue during a Chapter 7 bankruptcy case without running afoul of the court's automatic stay order.
Bankruptcy exemptions do not protect your property
Section 522 of the Bankruptcy Code allows a debtor to exempt property from the claims of creditors, but not against a debt for child support. The creditor must first seek permission from the bankruptcy court to proceed against property of the bankruptcy estate through a Motion to Lift Automatic Stay. Several bankruptcy courts have ruled that the Bankruptcy Code does not allow a Chapter 7 trustee to liquidate exempt property to satisfy a domestic support obligation. See In re Duggan, 2007 Bankr. LEXIS 2750 (Bankr. M.D. Fl. 2007). However, these same cases suggest, or explicitly hold, that a domestic support creditor could do so. See In re Quezada, 368 B.R. 44 (Bankr. S.D. Fl. 2007). To date the process for such an action remains in question.
If you are struggling with paying your bills and owe child support, call the Law Office of George M. Gilmer and discuss your situation with an experienced bankruptcy attorney. Bankruptcy is not a "one size fits all" legal process. Child support arrears are difficult to discharge in Chapter 7, but a Chapter 13 bankruptcy may provide the relief you need. Call today for a Free Phone Consultation.
Wednesday, February 12, 2014
You may have considered that certain property, like the house, would be fair game and that your debts may be divided with you paying the larger share.
However, your business interest could be considered a piece of property that could be at risk for division in your divorce, and if you hope to protect it, you need to consult with an experienced divorce lawyer - preferably before you file. Even if the business itself may not be up for grabs, the value of it could be considered by the judge when determining how to split up your property.
This is true even when your spouse has no ownership interest in the firm and even if he or she knows virtually nothing about what you even do.
It's not that the non-business-owning spouse somehow becomes part-owner. Rather, the entrepreneurial spouse may end up owing the other for a portion of the business interest.
Some company owners make the mistake of assuming that just because the spouse was not involved (or minimally involved) in building the business or the day-to-day operations that they don't have a stake in the firm. Legally, as far as divorce is concerned, this may not be true. Several factors will be considered, including how long you have been married, what sacrifices your spouse may have had to make while you grew the company and whether he or she did have any direct involvement.
New York is an equitable distribution state, which means the court will be responsible for determining an asset division schedule that is most fair. Bear in mind that "equitable" doesn't mean "equal," and this is true for your business interests as well.
The particular method of valuation of your company or your interest in the company will vary on a case-by-case basis. The court is going to look at the book value of the firm, its income approach and its market value.
The process for determining a company's value tends to be quite complex. You wouldn't want to rely on your average, run-of-the-mill accountant to make the case you will present to the court. Typically, your attorney will guide you to experts in the field who focus on this specific kind of forensic financial work. While this can sometimes get pricey, a lot of times, these individuals can help in the process of divorce settlement negotiations - which keeps you out of court and significantly drives down the overall cost of the process. In these instances, the added expense is almost certainly worth it.
While you and your soon-to-be-ex could hire separate financial experts, you might be able to further reduce expenses by hiring a single "neutral" expert who can help you reach a fair conclusion.
Your attorney can help you do a preliminary evaluation of the firm and other assets to help you figure out the most cost-effective approach to preserving your business interests during the divorce proceedings.
If you are a small business owner contemplating divorce in New York City, call our offices at (718) 864-2011.
Additional Resources:
Business owners and divorce, Feb. 3, 2014, By Christopher H. Macturk, The Richmond Times-Dispatch
More Blog Entries:
Benefits of a Prenuptial Agreement in Brooklyn, Feb. 5, 2014, New York City Divorce Lawyer Blog
Monday, February 10, 2014
When it comes to seeking a child support modification in Brooklyn, there are a few different ways parents can go about it. They can either negotiate directly with each other to reach a reasonable solution, or they can request that the court intervene.
Even if you choose the former, you will want to ask the judge to approve the change. Typically, this is not a problem - except if the amount to which you agree is below state guidelines.
The New York Child Support Standards are spelled out by the state's Office of Temporary and Disability Assistance Division of Child Support Enforcement. Generally, percentages are as follows:
So for example, if your former spouse's annual income is about $29,000 and you have two children together, your spouse is probably going to pay about $7,250 a year, or $600 a month. However, if your former spouse earns this same amount and you have four children together, he or she is going to pay about $9,000 annually, or $750 a month.
Agreeing to anything less, even though times might be hard, can be dangerous because successfully securing a child support modification can sometimes be difficult. The court wants to know that you have seen a substantial change in circumstances that warrant a change. If you have simply found out that what you are being paid isn't quite enough, the court may not be sympathetic. Either way, an experienced divorce lawyer will be needed to help you make the case.
This is what happened In re Marriage of Mihm, reviewed recently by the Iowa Supreme Court.
These two parties married in 1997, had three children and divorced in late 2008. The former husband was ordered to pay $2,500 monthly in temporary child support payments (while the divorce was pending). This was in line with the state guidelines.
Later, the pair reached their own agreement. The husband would pay the wife $500,000 - $100,000 immediately and $400,000 in installments over the course of eight years. He would also pay $500 monthly in spousal support and $1,500 monthly in child support. This $1,500 monthly amount was far less than what the state's child support guidelines stipulated (just 60 percent of the original order). However, this fact was not pointed out by the district court and no reason was offered.
The following year, the husband sought to modify the agreement because his former wife had moved more than 60 miles away without receiving prior court approval, in violation of their divorce decree. The ex-wife had also remarried and custody of the oldest child now was with the father.
The former wife then filed a counterclaim, seeking to increase child support payments, as the former husband's income had become substantially higher.
The wife would later testify that she signed the earlier stipulation against the advice of two attorneys because she felt harassed by her ex-husband and simply wanted it all to end, so long as she could maintain custody of the children. She conceded she wanted to change the child support obligation agreement because she had "made a bad deal."
The district court found that the ex-wife failed to show a significant change in circumstances and denied her request to modify the child support obligations - even though they were much lower than what the guidelines would suggest. The court reasoned that because the agreement was made by both parties with full knowledge that the support payments were below guidelines, the agreement shouldn't be modified unless "for the direst of needs."
The ex-wife appealed and this earlier ruling was confirmed. It wasn't until she appealed to the state's supreme court that she was able to obtain relief, as that court reversed and remanded on the issue of child support, with the court finding the ex-wife had shown a substantial change in circumstance.
Specifically, the move of the oldest child to the father would warrant this change. The lower courts had reasoned that this type of change would typically result in a decrease in obligations, not an increase, and so declined to consider it. However, the supreme court noted that even at $1,500 a month, the former husband was paying far less for just two children than he would under the standard guidelines.
The court also reasoned that while her spousal support of $500 monthly was correctly terminated, it had been taken into consideration back when she agreed to accept just $1,500 a month for the three children. Lacking that additional $500 a month, even if it was properly terminated, would still be something the court should weigh.
In the end, the modification request was granted - but not without a fight. It's always best to ensure the deal that is worked out during the divorce sufficiently meets the needs of you and your children. An experienced attorney can help.
In re Marriage of Mihm, Jan. 24, 2014, Iowa Supreme Court
Brooklyn Child Support Modification Requests, Voluntary Job Loss and Imputing Income, Feb. 1, 2014, Brooklyn Child Support Lawyer Blog
Filing a Chapter 7 bankruptcy case causes all of your legal and equitable interests in property are placed into a bankruptcy estate. A bankruptcy trustee is then appointed to administer the estate and pay creditors from any property that is not protected by law or by legal exemption. Sometimes the lines are blurred when trying to separate what belongs to you and what is property of another person, especially when you are trying to shield your minor child's property during your Chapter 7 New York bankruptcy case.
Property that doesn't belong to you
The most basic question to ask in determining whether the property belongs to you or to your child is simply this: "Who paid for the property?" You must claim a property interest in furniture, clothing, jewelry, electronics, etc. that you purchased for your child, even if it was given as a gift. On the other hand, you likely do not have a legal or equitable ownership interest in gifts to your child from grandparents or an ex-spouse, and that property does not become a part of your bankruptcy case. Your Brooklyn, New York Bankruptcy lawyer can help you determine your bankruptcy case will affect your child's property.
If your child paid for the property from his or her own funds, it is generally considered the child's separate property. For instance, if your teenage son worked all summer to earn enough money to buy a used car, the car would be considered his property. However, if you contributed to the purchase of the car, it would be joint property on a percentage basis.
Bank accounts with your child are treated as joint property on a presumptive 50/50 split, unless you can prove which deposits belong to your child. However, if the account is established under the Uniform Transfers to Minors Act (UTMA), the rules change. If you are the custodian of a UTMA account, the money is protected because it is legally not yours. Transfers to this type of account are irrevocable, but any money you deposited into this account will be scrutinized as a fraudulent transfer.
Property that is excluded
Some property is excluded from the bankruptcy estate as a matter of law. For instance, section 541(b) of the Bankruptcy Code excludes funds deposited into an educational savings account set up under section 529 of the Internal Revenue Code. But this protection is subject to some limitations. Funds are fully protected if deposited more than 720 days before the filing date; are protected up to $6,225 if deposited between 365 and 720 days; and are not protected at all if deposited within 365 days of the bankruptcy filing. The source of the funds does not matter, so long as the debtor is the owner of the account. This can create a trap for the unwary, especially if a family member (such as a grandparent) deposits into the account shortly before the owner files bankruptcy. See In re Bourguignon, 416 B.R. 745 (Bankr. D. Idaho 2009).
Property that is exempt
Property that is not the separate property of your child, and is not excluded from the bankruptcy estate by law, is included in your Brooklyn, New York bankruptcy estate. You are then entitled to use any available federal or state legal exemption to protect your interest in the property (which may only be a percentage interest). A Chapter 7 bankruptcy trustee rarely has any interest in children's furniture, toys, and used clothing items since the fair market value for these items is little or nothing. The vast majority of Chapter 7 debtors do not lose any property.
For further questions about your Brooklyn, New York City Bankruptcy, please call me at 718 864 2011.
Saturday, February 8, 2014
Divorce is sometimes by nature adversarial.
An amicable split may be desirable, but it's not always realistic. With feelings of bitterness and hostility may come the temptation to actively work to deprive your soon-to-be-ex of as much share of the assets as possible. Perhaps this is with good reason. If so, our Bronx divorce attorneys would advise you there's a right way to do it - and certainly a wrong way.
The latter category would include efforts to conceal property or funds so that it can't be considered or divided as part of the marital estate. This approach almost always backfires, as we saw recently in D'Angelo v. N.H. Supreme Court, decided late last month by the U.S. Court of Appeals for the First Circuit.
While divorce law varies from state-to-state and this was a case out of New Hampshire, the general principles are still applicable here in New York.
This case stemmed from a cantankerous and prolonged divorce. Primarily in dispute were issues of child support for his son and alimony to his former wife. The process went on for years, starting in 2006. There were numerous hearings and court orders, mostly relative to the husband's finances.
Throughout the process, the court found that the husband had selectively excluded relevant financial information from the court, apparently in an attempt to keep certain assets and funds from entering his ex-wife's possession or to have it considered in the child support proceedings. As a result, the husband was found in contempt of court on multiple occasions.
Because of these actions, the court appointed another attorney to act as commissioner. In this role, the commissioner was tasked with investigating and reporting to the court on the husband's gross income between 2006 and the spring of 2012.
The commissioner's report was returned with findings that showed the ex-husband's income was far higher than what he had previously represented to the court. Finding the commissioner's report to be credible, the court accepted these findings as fact in making the final determination for support obligations. In addition, the court entered a judgment of $110,000 in favor of the wife.
The husband apparently had no intentions of giving up. An attorney himself, he chose to represent himself and filed an appeal to the state's supreme court. However, the court declined to hear his appeal. He then filed a complaint with the U.S. District Court, seeking to enjoin both orders and reverse the denial of his discretionary appeal hearing to the state high court. He argued that such action violated the Due Process and Equal Protection clauses of the U.S. Constitution. He also sought monetary damages from the state supreme court for "failure to supervise" the family court. Additionally, he made a number of claims against the commissioner, alleging misrepresentations and violations of ethical rules.
The district court dismissed all these claims.
He then filed an appeal with the federal court of appeals.
Not only were all of his claims again dismissed, he was given two weeks to show cause as to why the court shouldn't assess double costs for "needlessly consuming the time of the court and the opposing counsel."
Had he simply been upfront about his finances from the very beginning of the case, he would have saved an inordinate amount of both time and money.
We certainly understand that uncontested divorces in New York are not for everyone. But you should also know that the more you choose to fight, the costlier it gets. Further, attempting to hide money or assets will almost always backfire.
If you wish to file for divorce in the Bronx, call our offices at (718) 864-2011.
D'Angelo v. N.H. Supreme Court, Jan. 29, 2014, U.S. Court of Appeals for the First District
Report: New York Divorces to Increase as Economy Recovers, Feb. 3, 2014, Bronx Divorce Lawyer Blog
Wednesday, February 5, 2014
There is a skewed view of Brooklyn prenuptial agreements as being something of a weapon for wealthy spouses, eager to shield deep coffers from the hands of their less rich, less sophisticated partner. And of course, there is the notion that such agreements are deeply unromantic, undercutting the notion that marriage is forever, which is what you agreeing to when you enter the union.
In reality, a good prenuptial agreement can do a lot to protect both spouses. Ultimately, it can save both parties a lot of time, energy and money that might otherwise be spent waging a bitter battle if things don't work out as planned (as will be the fate of at least 50 percent of all marriages).
For example, a well-written prenuptial agreement can ensure children from prior marriages are protected according to your wishes should something happen to you. They can also shield both parties from joint liability debts. So for example, if the wife is the subject of a malpractice claim, a prenuptial agreement could protect her husband from extensive legal responsibility should she lose that case, thereby preserving assets for both spouses. Additionally, the contract can be beneficial in terms of titling marriage assets for the purposes of estate tax planning.
But of course, broaching the subject of a prenuptial agreement remains a delicate subject. Even for a couple who talks about everything, simply raising the subject for discussion can be thorny. So what is the best way to go about it?
First, we recommend raising the issue shortly after the engagement. In an ideal world, this is something that would be negotiated and signed well in advance of the wedding invitations going out. Bombarding your intended with an agreement in the days or even weeks before the ceremony can make them feel as if they have been ambushed. This is no way to begin your journey together. You want to both be on the same page and comfortable with the terms of the agreement. Neither of you should sign anything until the agreement has been reviewed by two separate attorneys - one representing each of you - to ensure the agreement is mutually beneficial and each of your assets and interests are protected.
Secondly, when you approach the conversation, make sure you are honest and forthright. Perhaps you have a family history of nasty divorces. Maybe you have children from a prior marriage and you want to make sure they are protected. In some instances, you may have an inheritance you want to shield. Whatever the case, be open. Your new spouse will respect you more for it and it will likely make the process move more smoothly.
Bear in mind also that another reason to be upfront is that there has to be full disclosure in order for a prenuptial agreement to be considered valid. That means you are going to have to let your new spouse know how much you earn, how much you're worth and the extent of your assets. Again, ideally these would be discussions you would have already had, but at the very least, you will have to disclose them prior to signing the agreement. Keep in mind that if your spouse doesn't acknowledge certain property as separate at the time you married, he or she can always come back and later claim it was marital property, meaning it could be subject to division.
Be prepared for some level of negotiation. Try to approach this with a mature and open mind and with the legal advice of an experienced family law attorney. This means you will need to consider too any possible changes up the road. For example, both parties may be self-sufficient at the moment, but it's possible that once children come along, one could choose to become a full-time, stay-at-home parent. Your agreement should encompass these kinds of contingencies.
Finally, do your best to be reasonable. Remember: This is the person you want to spend the rest of your life with. A good prenuptial agreement will ensure that both parties walk away happy - and together.
If you are interested in learning more about how to draft a prenuptial agreement in Brooklyn, call our offices at (718) 864-2011.
How to Request a Prenuptial Agreement and Still Get Married, Jan. 24, 2014, By Daniel Clement, The Huffington Post
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