Welcome to Solomos & Storms PLLC
Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester Lawyers
We are Divorce Lawyers and Family Lawyers in Queens, Brooklyn, Nassau, Manhattan, Suffolk and Westchester founded by attorneys Jimmy Solomos, Esq. and Derrick Storms, Esq. Welcome to our law practice, headquartered in Astoria, Queens, with office locations throughout the New York City and Long Island. We understand that Divorce Court and Family Court proceedings can be extremely stressful and place a financial burden on families. Accordingly, we do our best to make the divorce process as fast and cost effective as possible. We are committed to giving back to the community, view our Writing Scholarship given Biannually to College Students and Veterans.
If you are considering a divorce, give us a call for a free consultation. We will give you an idea of what assets will be distributed in the divorce, such as pensions, real estate, stocks, bank accounts, and other assets. We will discuss your options to obtain upfront spousal maintenance and child support, having your spouse pay your attorney’s fees during the divorce, and other immediate relief that may be available to you. Knowing your options before filing for divorce can help put you at ease. We take pride in providing one on one attention to clients to properly educate them and guide them through the Divorce and Family Court process.
Read our informative blog posts written by experienced Divorce and Family Lawyers to get an idea of the Divorce Process, the Family Court Process, a guide to Prenuptial Agreements, what you will be entitled to in a divorce, Orders of Protection and Restraining Orders, how to choose the right divorce lawyer, and many other issues that often come up in Divorce and Family Law cases.
Learn more about Child Custody, Child Visitation, Spousal Support, Maintenance, and how to get you spouse to pay your attorneys’ fees.
CALL our experienced Family Lawyers and Divorce Lawyers for a FREE consultation and case evaluation – you will be provided with a wealth of knowledge!
Parents who are in Divorce Court or Family Court will often find themselves battling over who gets custody of the children. In order to get the court to decide who will get custody, a parent must first file a Petition for an Order of Custody. A non-parent or close relative may also seek child custody from the court.
The court will award custody based on “the best interest of the child.” The court will consider the child’s needs, the child’s desired parent, and the parent’s ability to provide for the child when awarding custody. This is where experienced Divorce Lawyers and Family Lawyers can make all the difference — particularly preparing you for court hearings and presenting evidence to the court to put you in the best light possible.
We inform you what court’s look for to make Child Custody determinations and how to best position yourself for success in a custody battle. Knowing how court’s make decisions is invaluable because it allows you to properly prepare for hearings, gather relevant evidence, and understand what facts the court will be most interested in. Often, planning and preparation leads to success!
In New York child support is determined by the parents’ income. Watch our YouTube videos to get an idea of how much you will pay or receive in child support. The New York Courts website also has a maintenance and child support calculator online. Keep in mind, the judge can vary from the formula based on a variety of factors, such as spousal income, the specific needs, of the child and many other issues.
We assist with both filing Child Support Petitions in Family Court and defending respondents from excessive Child Support Payments. We also file Pendente Lite motions for immediate Child Support in Divorce Court.
In some cases a spouse may under report income in order to reduce child support obligations. In these instances, an experienced attorney is vital to prove to the court that income is being underreported. This often arises when a spouse owns his/her own business or is paid off the books. In addition, if a spouse is provided with support from family or friends, this may be “imputed” as additional income. Finally, if a spouse is voluntarily not working or working below their earnings capacity, the court may impute income to them.
Our attorneys are well versed in business matters — which helps to identify when a spouse underreports income.
A parent in NY State may be required to pay child support up until a child is 21 years of age. If the child is under 21 but married, in the military or self-supporting, the child is termed “emancipated” and the parent is no longer required to pay support. If a child is disabled, child support may need to be paid until the child reaches 26 years of age.
These matters are to be determined by a Family Court Judge. When one parent is given legal custody of the child by the court, the parent may file a petition to get the other parent to pay child support.
A parent seeking visitation rights may file a petition for visitation. The petition needs to be filed in the correct court. For example, you can file a visitation petition in Queens Family Court if either parent resides in Queens, or if the child resides in Queens.
The visitation petition is filed against the person or people who currently have legal custody of the child. Child custody and visitation matters are often heard in Family Court within the same proceeding. Other family members may also file petitions seeking visitation.
Consult an experienced Family Law Attorney to help you prepare your hearings.
You can obtain spousal support or maintenance (commonly referred to as “alimony” in other states) in NYC by filing a motion in divorce court or family court. The amount of support will be based on the parties’ income. If you make within 10% of your spouse, it is unlikely you will be granted spousal support.
The Family Court Lawyers at Solomos and Storms, PLLC have substantial experience with Restraining Orders and Orders of Protection (OOP) in Family Court and Divorce Court. Sometimes, during a separation or a divorce, a spouse may make an allegation which results in a Restraining Order or OOP being entered against you. In the event you violate the OOP, it won’t be pleasant: the police will show up at your door, enter your premises and likely arrest you. This can happen at a moment’s notice, if your spouse or partner reports that you have violated the OOP.
What will you do? If you get served with a temporary OOP, you need to fight back and do your best to avoid a final OOP being issued against you. You should immediately contact your lawyer and start preparing a defense. Some OOP’s have an exclusionary provision–that will exclude you from your own home!
Don’t do anything which will make matters worse, such as, sending your partner an angry text message. This will likely be used against you in Court! If you are served with an OOP, take it very seriously, and contact Solomos & Storms, PLLC to determine how to proceed. Often, an OOP can be used to tarnish your image in a follow up divorce proceeding, which can be a headache.
On the other hand, if you are being abused by your spouse or partner, harassed, or threatened call Solomos & Storms, PLLC to find out how we can help you obtain an OOP and a possible exclusionary order against your spouse or partner.
We will guide you through the process, tell you what to do and what NOT to do, we will fight for your rights, and your safety.
When we take over your case, you’ll breathe sigh of relief knowing that you’re in great hands! We are your go-to Family Lawyers & Divorce Lawyers in Queens, Brooklyn, Manhattan, Nassau, Suffolk, and Westchester – we’ve got your back!
If you are being investigated by ACS for child neglect, child abuse, or an any other child protective proceeding, you should take immediate action.
In certain cases ACS (the Administration for Children’s Services) will try to take your children from you. You should hire an experienced Family Attorney to represent you during the ACS investigatory process prior to court and in court. Make sure you hire experienced trial counsel that knows the ACS process, Family Court procedures, and has experience with ACS cases. An ACS hearing is a trial before a Judge, you will need to dispute ACS’s claims, object to ACS’s evidence, and present your own favorable evidence during the hearing. ACS cases are extremely serious matters.
Equitable Distribution in a Divorce Case concerns the allocation of Marital Property. Marital Property is property acquired during the marriage, and can include: pension & retirement accounts, real estate, vehicles, stocks, bank accounts, cash, art work, and other assets and investments.
Courts look to a variety of factors to determine how property will be divided, such as the length of the marriage, each spouse’s contribution to the marriage, and other factors. If a spouse was physically abused, courts take this into account and may award a greater share of property to the abused spouse.
Separate Property also referred to as personal property is not subject to Equitable Distribution in a Divorce Case. This means that each spouse keeps their personal property. Examples of Separate Property include, gifts, inheritances, personal injury awards, and property acquired prior to the marriage. For example, an antique car that you inherited would be Separate Property and you would keep the car in a divorce.
Real estate can be a point of contention concerning Marital Property. Even if the property was purchased prior to the marriage, a spouse may argue that they are entitled to a share of the appreciation. Another issue concerns joint bank accounts, a spouse may claim that a shard account was treated as Marital Property.
A Prenuptial Agreement is the best way to protect your assets during a divorce. The agreement must be entered into prior to marriage and there are strict requirements that must be followed in order for the agreement to be enforceable. A Postnuptial Agreement can be entered into after the marriage. Contact our Divorce and Family Lawyers to learn more.
In order to determine who gets the car in a divorce case, the court will need to determine if the car is Marital Property or Separate Property.
If the car is Separate Property, the current owner keeps the car. If the car is found to be Marital Property, the parties will need to distribute the value. One spouse can buyout the other spouse’s value (after an appraisal is made), or the car can be sold and the proceeds allocated between the spouses.
In many divorce cases a spouse will be entitled to a portion of contributions made to pension and retirement accounts during the marriage: from the date you were married to the date you file for divorce. The court will generally distribute retirement accounts, such as 401k accounts, pursuant to a Qualified Domestic Relations Order (QDRO). This avoids early withdrawal penalties, because it is a court ordered transfer, not a withdrawal.
Alimony, which is referred to as Maintenance in New York, may be awarded on a case by case basis. Court’s look at a variety of factors before awarding Maintenance, such as the income disparity of the spouses, the length of the marriage, age, health, and other factors.
In many cases, if the spouse’s salary is within 10% of other other, Maintenance will not be awarded.
In a child custody case, the court may order a Lincoln hearing, where the child testifies in chambers, in camera. The parties are not present, only the child and the child’s attorney are present. A stenographer or court reporter takes down the child’s testimony.
The child’s testimony is confidential. This is done to protect the child from a spiteful parent who may not like the child’s testimony. The parents and the parent’s attorneys will not be provided with the transcript. If there is an appeal, the child’s transcript from the Lincoln hearing is forwarded to the Appellate Division under seal.
NYC Divorce Courts take domestic abuse very seriously. If your spouse abused you during the marriage you may be entitled to a greater portion of Marital Property, additional Maintenance, and other support.
The time to complete a divorce case in NYC will depends on the number of issues in dispute and the complexity of the case. If there are many assets that the spouse’s cannot agree how to value and distribute, child custody disputes, requests for maintenance, and other disputes — the divorce will take longer — and can easily take over one year to complete.
The Court will need to resolve disputes after a trial. It can take months before your case is heard.
In NYC divorce cases, settlement discussions or mediation may involve each spouse’s attorney negotiating and attempting to resolve disputes. A Settlement Agreement may be reached that resolves all or some of the issues.
The Court will need to adopt the Settlement Agreement and issue a Judgement of Divorce.
A Settlement Agreement in a divorce case can resolve some or all of the issues. Common issues concern: child custody, child visitation schedules, child support, maintenance payments, distribution of assets, distribution of retirement and pension accounts.
A Settlement Agreement can save substantial cost and time because the issues will not have to be decided by the Judge after a hearing or trial.
If your home or business was damaged in a construction accident contact our Property Damage Lawyers for assistance. You may have a case against the General Contractor, Subcontractor, Excavator, and/or the Demolition company. You will have 3 years to file your property damage case from the date of the accident. We have substantial experience suing contractors who negligently damage adjacent buildings during excavation, demolition, and construction accidents.
You may also have a case against your insurance company if they wrongfully denied your insurance claim. Many insurance companies deny claims as a business practice – to boost profits. Your insurance company is not always on your side! If your home was damaged in a construction accident and your insurance company refused to pay for your losses call Solomos & Storms, PLLC to determine if you have a case. Our insurance lawyers will examine your claim and determine if your insurance company made a bad-faith denial of your insurance claim.
We have experience suing large insurance companies such as State Farm, and getting them to pay for temporary housing while your home is being fixed!
If the insurance company denies your claim, for any reason, call us. We’ll go over it with you and tell you your options. We handle property damage and insurance claims in Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester – CALL us for a FREE consultation.
If you are starting a business you will likely need a business agreement, such as an operating agreement. Our business lawyers have substantial experience drafting a variety of business agreements that can avoid problems down the road. Our lawyers are highly experienced in creating business structures that protect your assets from future lawsuits. Our business structures, which can include South Dakota Dynasty Trusts – can make it extremely difficult for a creditor to touch assets that you have placed in trusts. Call us for details!
If you are taking on a partner, business contract is a must – as it will define the responsibilities of each partner, provide for decision making authority and provide other protections to allow you to properly control the business and alleviate disputes down the road.
There are several things you should know before sign a legally binding contract. The first and foremost is: does the contract include your best interests, written in a way that makes it legally enforceable? Legal jargon and language meant to obscure the true meaning of a contract can make it virtually impossible for a non-lawyer to understand. This is why you should never sign any important contract without first consulting an experienced business lawyer.
If you are having business dispute with a partner, supplier, contractor or third party we can discuss your options to see if you have a case against them. We have substantial experience litigating business disputes, for a variety of issues, such as non-payment of monies owed, fraud, theft of business assets, breach of non-competition agreements, and other types of breach of contract cases.
Call the business lawyers and contract lawyers at Solomos & Storms, PLLC to see how we can assist you with your business matters in Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester.
In these litigious times you need to protect your assets. Whether you are a business owner, doctor, attorney, or high net worth individual – you should protect yourself from a future lawsuit that can ruin you financially. Our Wills & Trust Lawyers are experienced in drafting rock solid trust, such as South Dakota Dynasty Trust that can make it extremely difficult for a creditor to touch assets held in trust. Specific provisions in the trust are required for maximum protection, such as an irrevocable transfer of assets to the trust. You will still maintain control of the the trust assets. In asset protection what you want is control of assets, not ownership. We will help you structure assets to provide maximum protection from liabilities.
In addition, certain trusts can have substantial tax advantages.
Call the Wills & Trusts Lawyers at Solomos & Storms, PLLC to see how we can assist you with your Wills & Trusts matters in Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester.
If you are experiencing financial difficulty learn how our Bankruptcy Lawyer can help you restart your life. We offer Express Chapter 7 Bankruptcy, Ordinary Chapter 7 Bankruptcy and Chapter 13 Bankruptcy.
Call the Bankruptcy Lawyers at Solomos & Storms, PLLC to see how we can assist you in Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester.
If you are are a landlord or tenant that needs eviction assistance call our Eviction Lawyers for help. We handle all eviction matters, to include non-payment, holdover, nuisance and other cases.
If you are facing foreclosure, our Foreclosure Lawyers can defend you in Foreclosure Court. You may have defenses to foreclosure. In certain cases the bank may not have proper documents, the loan in question could be “predatory”, there may be issues with debt calculation, and many other issues. Our Foreclosure Lawyers will carefully examine all paperwork to see if you have defenses in Foreclosure Court. In addition we also provide mortgage negotiation services.
Call the Foreclosure & Eviction Lawyers at Solomos & Storms, PLLC to see how we can assist you in Queens, Nassau, Brooklyn, Manhattan, Suffolk & Westchester.
If you have been injured in a car accident, truck accident, motorcycle accident, slip & fall, ladder accident, scaffold accident, dog bite, nursing home abuse, or as a result of medical malpractice – you may have a personal injury lawsuit. Call our Personal Injury Lawyers & Medical Malpractice Lawyers for assistance. We will review your case and discuss your options.
The Personal Injury Lawyers and Medical Malpractice Lawyers at Solomos & Storms, PLLC serve clients in Queens, Nassau, Brooklyn, Manhattan, Suffolk, Bronx & Westchester.
We Look at the Law Differently
Our focus is to resolve disputes as efficiently & cost effectively as possible – so you can move on with your life.
Solomos & Storms, PLLC is a Veteran Owned law firm. Derrick Storms, Esq., one of the founding partners at the firm, served in the United States Marine Corps during the Iraq War in a Recon unit.
33-08 Broadway, Astoria, NY 11106
102 Woodcleft Ave., Freeport, NY 11520
you can be assured that:
You will receive one on one personal attention and guidance.
We have over 40 years combined legal experience. We are the locals that know the ropes!
You are extremely important to us, which is why your calls will always be returned as a priority.
We are well known and well respected amongst local businesses and individuals in the community. We’ve been here a long time, and we’ll be here for you!
We can help you settle your matter without going to court, if it’s appropriate, or go into battle on your behalf. We are trial tested.
We are aware of the cost of litigation and we do our best to keep your cost as low as possible.