MOST AND SCHNEID, P.C. Aggressive Advocacy for Your Legal Needs
When you need a lawyer who will not back down, turn to Most and Schneid.
Carol W. Most, eSQ.
Carol Most has several decades of experience in Family and Matrimonial Law. Ms. Most is capable of harnessing her experience and knowledge to get favorable results for her clients. To her clients, Ms. Most is warm and caring. Ms. Most’s warmth, however, is carefully balanced by her aggressive advocacy in court. Ms. Most is uniquely gifted in knowing what approach will best serve her clients and capitalizing on that approach when negotiating with adversaries and arguing in court. Ms. Most places the needs and desires of the client first when determining the approach taken in court.
In addition to representing parties, Ms. Most also devotes a portion of her time to representing children. This experience enables her to more easily relate to judges and adversaries when child custody is at issue.
Ms. Most’s experience includes all aspects of Family and Matrimonial Law including child custody, child support, maintenance, and equitable distribution. Ms. Most’s experience includes divorces where parties have many millions of dollars in assets held in complex structures to W-2 wage earners. For child custody, Ms. Most’s experience runs the gamut of involved caring parents, to issues involving drugs, abuse, alienation, and mental health issues. Ms. Most is capable of taking her extensive experience and knowledge and effectively applying it to You.
If you are going through a divorce, you know that you need a divorce lawyer who will be a good listener and an effective negotiator. You need an attorney who knows how to be understanding about your situation, and how to get tough in court. You need the experienced matrimonial law attorneys at Most & Schneid, P.C.
Bar Admissions
- New York, 1993
- U.S. District Court Eastern District of New York, 1996
- U.S. District Court Southern District of New York, 1997
- U.S. Supreme Court, 1999
Education
Pace University School of Law, White Plains, New York
- J.D.
Queens College, Queens
- M.S. – 1973
- Major: Education
Queens College, Queens
- B.A. – 1971
- Major: History
ADAM w. SCHNEID, eSQ.
Adam W. Schneid’s practice is devoted primarily to Family and Matrimonial law. Mr. Schneid is a graduate of Cornell University and the Benjamin N. Cardozo School of Law where he graduated magna cum laude, was awarded membership in the Order of the Coif, and received the Jacob Burns Medal (scholastic achievement award) in 2006. While in law school Mr. Schneid was a Dean’s Distinguished Scholar, a recipient of the Dean’s Merit Scholarship, an Associate Editor of the Cardozo Law Review, and a teaching assistant for a class on contract law.
Prior to joining Most & Schneid, P.C. Mr. Schneid spent five years at Proskauer Rose LLP, a vault 100 law firm with offices around the world, where he was in the litigation department.
Experience & Education
Education
Yeshiva University Benjamin N. Cardozo School of Law, New York, New York
- J.D. magna cum laude 2006
- Honors: Order of the Coif
- Honors: Jacob Burns Medal (scholastic achievement award)
- Honors: Dean’s Distinguished Scholar and recipient of the Dean’s Merit Scholarship
- Law Review: Benjamin N. Cardozo School of Law, Associate Editor
Cornell University, Ithaca, New York
- B.S. 2003
- Major: Industrial and Labor Relations
Bar Admissions
- New York, 2007
- U.S. District Court Eastern District of New York, 2009
- U.S. District Court Southern District of New York, 2009
Most and Schneid
Boutique Matrimonial And Family Law Firm
Divorce Lawyers Handling All Family Law Matters
Strength and Experience to Achieve Positive Results
Results matter. Lawyers at Most & Schneid achieve favorable results for clients by leveraging decades of combined matrimonial and family law experience to formulate the right case strategy. With Most and Schneid, you’ll have:
Strong negotiators producing favorable settlements with less litigation.
Attorneys with a powerful courtroom presence who can sway the judge to your perspective.
Attorneys prepared to fight for your rights in the courtroom.
Helping you move past this difficult moment in your life into a positive new direction is the desired result. Regardless of whether your case is a high conflict litigated divorce or can be peacefully resolved without court intervention, Most and Schneid attorneys will be by your side at all times.
Experienced Lawyer for Your Legal Needs
Divorce Lawyers
People do not get married with the intention of having the marriage fail. Unfortunately, people can and do grow apart and divorce may be preferable to remaining in an unhappy and loveless marriage. Divorce is a difficult step. Complications such as children, property and debt mean there are many issues that must be resolved. The divorce lawyers at Most & Schneid, P.C., know these are difficult times and we take pride in helping our clients make the right decisions to help them move forward with their lives.
Guiding You Though The New York Divorce Process
Many people believe that if they have been wronged during the course of a marriage it means they will have a benefit when it comes to the divorce. This is a common misconception. Unless there is egregious fault, courts are not interested in fault, and it does not affect equitable distribution. Rather, the court’s role is to separate the parties, equitably divide the assets, and ensure that the best interests of the children are achieved.
Though it was once necessary to establish legal grounds for divorce in New York, that is no longer the case today. As of 2010, New York spouses have the ability to pursue a no-fault divorce, a streamlined process that allows couples to separate much more quickly and easily.
The courts address a series of issues involved in the divorce proceedings, including the division of property and debts, maintenance, child custody and visitation and child support. Because of the predictability of some of these issues, our Westchester County divorce attorneys can provide a realistic probability of what to expect if you were to take your case to trial.
We help our clients in all divorce-related matters including:
Separation Agreements
Asset Division
Child Custody
Child Support
Modifications and Enforcement
Pre and Postnuptial Agreements
Collaborative Divorce
Though we always seek out an amicable solution to our client’s divorce issues, our attorneys also have extensive experience in trials and appeals. If your divorce cannot be settled through mutual agreement, our trial attorneys will pursue your issue vigorously, seeking to resolve them in your favor.
Conciliation and Compassion
Husbands, Wives, and former romantic partners need more than just a strong litigator with a courtroom presence. Compassion for clients and the ability to bring matters to a peaceful solution is just as important. Some lawyers struggle with only a single approach - trying to fit the aggression into a case that could otherwise be settled - trying to play the conciliator when only a strong advocate will do. Lawyers at Most and Schneid easy flow between conciliation and litigation. While people may start a matter with a certain expectation, the matter can quickly transform from what you thought was a quick settlement to a contested matter. Similarly, cases can quickly shift from an expensive litigation track to a quick settlement. What is important, is that your lawyer is able to lower the volume and rhetoric to get the deal done and to quickly shift gears if a fight is necessary. You don't want a lawyer stuck in fighting mode and unable to bring your settlement to a quick close.
Knowledgeable
Knowledge of the issues and law enables Most and Schneid to handle all aspects of family and matrimonial law. The law is ever changing. Knowing the nuanced changes in the law may make the difference between receiving a custody award versus only seeing your children on weekends. Knowing how to decipher an expert financial valuation and the ability to spot mistakes may result in thousands of dollars more in your pocket. It is crucial to have a lawyer with a broad understanding of all of the issues and how they interact. While you may perceive a simple issue, Most and Schneid might find other important issues. Knowing how to spot issues and place your case in perspective for a judge can be the difference between winning and losing.
High Asset Divorce
High Assets and Closely Held Businesses
High Assets And Closely Held Businesses Require Financial Knowledge
At Most & Schneid, P.C., we are well-versed in handling complex divorce matters involving substantial assets and closely held businesses. Wealth generally involves family businesses, complex financial investments, stocks and investment accounts, trusts, real estate holdings and other assets that may not have a fixed value or that are used to obscure income. These assets may be held in New York or elsewhere and may also include valuable collectibles such as art and antique collections.
The complex nature of such investments and assets can result in tax returns that do not accurately reflect the resources of the Parties because of phantom income or hidden assets. For example, certain investments may produce taxable gains but not distribute the income. Phantom income may also be caused by the tax consequences of debt service. Principal payments on debt are not tax deductible but reduce cash flow. Thus, cash flow may be less than taxable income.
High net worth divorces may also involve the need to identify undisclosed assets or unwind complicated transactions.
In addition to the different assets at issue in a high net worth divorce, other issues such as child custody, child support, and spousal maintenance may also be relevant.
We will apply our experience and skill to fight aggressively to ensure you get your fair share of assets and receive, or are only forced to pay, appropriate support. We will also have the strength to fight for issues of child custody and access to help achieve your goals.
We will fight for your rights and either secure a favorable settlement or aggressively pursue the matter at trial.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.
Property Distribution
Property Distribution Attorneys With The Skills And Experience To Fight For You
At Most & Schneid, P.C., we are committed to fighting to get you a fair property distribution. When you first meet with us we will discuss your assets and explain how property is distributed pursuant to New York law and potential outcomes.
In New York, marital property is equitably divided in a process known as equitable distribution. In New York, property is divided fairly which does not necessarily mean equally. In many cases, dividing the property in half is fair. In other cases, factors such as each spouse’s contribution to the marriage, income, and separate property, may warrant an unequal distribution of assets. You can rely on our experience to shepherd you through the property distribution process and fight for a fair settlement or a successful outcome at trial.
When determining how to divide assets, the Court must equitably divide marital property while separate property will remain separate. Marital property is property acquired during the marriage and is subject to division. Separate property includes property acquired prior to the marriage, inherited, received as a gift, proceeds of a personal injury settlement, or property described as separate property by written agreement. Separate property is not subject to division. While the determination of what is separate property may seem straightforward, it is actually complicated and subject to numerous exceptions. You can count on our experience, skill and strength to fight for your property distribution rights.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. Contact our office if you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer.
Spousal Support
We Have The Skill And Strength To Secure The Right Amount Of Spousal Maintenance
At the law firm of Most & Schneid, P.C., we understand that a large concern for people going through a divorce is spousal maintenance (also known as spousal support and formerly as alimony). Frequently during a marriage, one of the spouses is the breadwinner and pays the majority of the family’s expenses. Then, all of a sudden, once the divorce action is commenced, the circumstances change. While residing together there may have been plenty of money to meet the family’s needs. Now, however, there may be insufficient money to support two separate households in the same standard of living. Our Firm has the experience and skills necessary to fight for your rights and ensure you get your fair share of the pie.
There are two different forms of spousal maintenance. The first is temporary, or interim, maintenance which applies during the pendency of the action. The second form of maintenance commences following a judgment of divorce. Currently, a set of mathematical calculations is used to determine the appropriate amount of maintenance. While the existence of a mathematical formula may suggest the determination of maintenance is simple, that is not the case. Prior to performing the maintenance calculation, the parties’ income must be determined. This can be a particularly fact-intensive project for a spouse that is self-employed, or where there is unearned income that will result from the division of assets. Further, the formula considers only the first $175,000 of the payor spouse’s income (subject to increases for inflation). For many households, this causes only a portion of household income to be captured by the formula. In such circumstances, the issue becomes whether to apply the formula to an additional portion of the payor’s income or whether to abandon the formula entirely and set a fair amount of maintenance.
Post-judgment maintenance is either durational or non-durational. Durational maintenance lasts for a definite period of time which is agreed upon by the Parties or determined by the Court. In appropriate cases, the court will award non-durational maintenance which can last until the payee spouse is eligible to collect Social Security, or in certain cases, for life.
Ultimately, notwithstanding the maintenance calculations, the amount and duration of the award is left to the discretion of the judge, or set by agreement. There are numerous considerations that apply when setting support such as the length of marriage, lifestyle, and income of the spouses which is why it is important to choose an experienced lawyer to ensure a fair outcome.
Our lawyers will help you understand what your rights are and what you are entitled to. We will fight to get you what you deserve – either ensuring you are awarded appropriate support, or protecting you from paying an unreasonable amount of support.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.
Child Custody
Our Child Custody Lawyers Can Make The Difference In Determining Child Custody And Access
When children are involved, the stakes are high. Courts determine access issues and child custody by applying the best interests of the child standard. Usually the parent that is the full-time primary care giver will receive residential custody. While it may appear obvious to you which parent did the most for the children, the other party may take a different point of view. Further, while one parent may have been the predominant caregiver during a marriage or relationship, the other parent may now want to step up and assume child rearing responsibilities. Courts consider a variety of factors when determining custody and access. In certain cases, issues of parental alienation, alcohol and drugs, abuse, or mental health issues may overshadow which parent provided the bulk of the care during the marriage or relationship. In other cases, the parents attended to different aspects of care for the child or children.
It is important to remember that even if you are not the primary caregiver, you still have rights. Whether you are merely seeking weekend access or full child custody, our lawyers have the strength and skills to fight for you.
Most times, both parents are fit and desire to continue to be involved in their children’s lives. When the parties cannot agree and the courts must determine with whom the children will reside an expensive custody battle can result. Our firm will advise you about the likelihood of your case prevailing so that you can make informed decisions. While we are prepared to take your case to trial, in most cases, you are better served by negotiating an agreement to save the cost, expense and hostility associated with a trial. Regardless of what you decide, it is important to receive appropriate legal advice to help guide your decision.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional child custody lawyer, contact our office.
Custody Modification
Custody And Access Orders Can Change With The Circumstances
There are a variety of reasons child custody and access schedules need to be modified. The change may be required because of changes in the Child’s needs or preferences, a job change, relocation, based on a parent not acting in the Child’s best interest, or a variety of other reasons. Regardless of the reason, it is important to have experienced and skilled counsel who will fight for you.
At the law firm of Most & Schneid, P.C., we have decades of joint legal experience modifying child custody arrangements.
Child custody modification is not automatic. There are specific requirements that must be satisfied to permit a modification. We are skilled in determining whether there are grounds for a modification. Sometimes a parent files a petition seeking to modify when there isn’t a sound legal basis for the modification. In appropriate cases we can seek to have the petition dismissed by filing a motion. In other cases our job is to sift through the facts and present the evidence in the most favorable light. Let our experience guide the decision to highlight the most important reasons why a change should or should not be made. Properly drafting a petition or motion may be the difference between a successful or unsuccessful attempt to modify custody. Let us help you put your best foot forward and navigate the Family Courts and Supreme Courts.
These are complex matters, but you can be confident that our lawyers will ensure you and your children’s rights are protected. Many parents attempt to work out verbal modifications to child custody agreements on their own. While this may seem like a good idea on the surface, these modifications are not recognized by the court which may result in extremely costly and challenging problems down the line.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.
Child Support
Child Support Attorneys With The Skill And Experience To Resolve Child Support Issues
At Most & Schneid, P.C., our Matrimonial and Family Lawyers are committed to fighting for your child support rights.
The Child Support Standards Act, known as the CSSA, provides a mathematical calculation to determine the basic amount of child support. There are numerous reasons, however, why the presumptive calculation is unjust or inappropriate in your case. We will fight aggressively to ensure you receive, or pay, the correct amount of support taking into consideration your specific circumstances.
There are a variety of reasons why a strict application of the CSSA’s mathematical formula to the parents income as reported on tax returns does not produce a fair result. Your tax returns might be artificially high and include phantom income, i.e. income you pay taxes on, but which you don’t actually receive. Conversely, the income reported on tax returns might be artificially low, either because of fancy accounting or outright deception. In addition there are various deductions that may reduce your income for tax purposes but which need to be added back in for the purposes of calculating child support.
Let us fight for you to ensure you receive the correct amount of support. We can also advise you about add-ons which are in addition to the basic amount of child support.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional divorce lawyer for your required child support, contact our office.
Child Support Modification
Changes In Income And Your Child’s Needs May Require Modifying Child Support
The amount of child support you receive, or are required to pay, has a substantial impact on your life. Pursuant to the Child Support Standards Act child support awards are subject to modification based on: (1) a substantial change in circumstances; (2) the passage of three years since the Order of Support or Judgment of Divorce was entered, modified or adjusted; or (3) the showing of a change in either party’s gross income by fifteen percent (15%) since the order of judgment was entered, modified or adjusted. Your agreement, however, may have opted out of the CSSA and only permit a modification based on a substantial change in circumstances.
A substantial change in circumstances may result from a job loss or the changing needs of the children, such as attending college. There are a variety of reasons why a court may increase or decrease a child support award. You should rely on an experienced Family and Matrimonial Lawyer to guide you through the process and fight for your child support rights.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.
Pre and Post Nuptial Agreements
Let Us Protect You And Your Assets From A Future Divorce
If you have substantial assets and property, it is important to protect them prior to getting married. A prenuptial agreement can set out conditions regarding financial matters in the event of divorce. At Most & Schneid, P.C., we have many years of experience assisting clients preparing pre and post nuptial agreements.
Our attorneys will work with you to address your expectations for earned income and assets over the course of a marriage and protect assets that are rightfully yours from becoming marital property. Preparing a thorough pre or post nuptial agreement can protect a wide variety of assets and limit your financial liability in the event of a future divorce. We have considerable experience in the drafting and negotiation of these agreements. Our lawyers understand that there are sensitive issues being resolved. We know a balance needs to be maintained between protecting your interests and maintaining a harmonious relationship. A marriage should be one of the happiest moments in anyone’s life and we are not there to upset that moment — we are there to protect your interests in case the relationship fails.
Sometimes during the course of a marriage circumstances will dictate that a post-marital agreement be drawn up. A post nuptial agreement operates the same way as a pre nuptial agreement except it is executed after you marry.
Let us show you why Most and Schneid, P.C. is the right firm for you.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.
Collaborative Divorce
Let Us Guide You Through A Collaborative Divorce Minimizing The Hostility To You And Your Family
At the law firm of Most & Schneid, P.C., Ms. Most, understands that some people prefer to dissolve their marriages in the most amicable way possible. Carol Most is a collaboratively trained matrimonial lawyer with the experience and skills needed to guide you to settlement without the conflict that accompanies the courtroom.
Collaborative divorces are normally less acrimonious than going through a courtroom battle. This is particularly important when there are children involved. Collaborative divorce focuses on maintaining a working relationship between spouses after the marriage is over. Throughout this process, it is important to have a knowledgeable lawyer on your side to ensure that you understand your rights, will protect you, and ensure that you receive a fair result.
In a collaborative divorce both you and your spouse will need to hire collaboratively trained attorneys. We will then guide you through the collaborative process and assist you in negotiating an agreement with your spouse on all relevant issues, including: property division, child custody, child support and spousal support.
We genuinely care about you and your legal issues and want you to have the smoothest experience possible while going through such an emotionally charged time. If you are in need of a highly dedicated, experienced, and professional Family and Matrimonial Lawyer, contact our office.