Jayson Lutzky is an attorney with over 37 years of legal experience with an office in the Bronx, New
York. He handles divorce cases (both uncontested and contested) family court cases (child support,
visitation, child custody, spousal maintenance/alimony, equitable distribution and more), personal
bankruptcies and accidents (personal injury, workplace accidents, slip and fall, trip and fall,
premises and more). Mr. Lutzky has represented thousands of highly satisfied clients. He makes
regular court appearances and has helped accident victims recover millions of dollars.
Give his office a call to set up a free in-person consultation. In the event of a severe injury, we
can visit you at home or at your hospital. Saturday appointments are available. The office is fully
bilingual in English and Spanish. Se habla español.
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Jayson Lutzky has been practicing law in New York State for over 37 years. He primarily handles divorce, family law, personal bankruptcy, personal injury and medical malpractice cases. Jayson is fluent in both English and Spanish. He is a member of the Bronx County Bar Association, is admitted to the Federal Court for the Southern and Eastern Districts of New York and has received numerous awards.
In 2000, Jayson won the President’s Pro Bono Service Attorney Award from the New York State Bar Association and also received recognition from the Network for Women’s Service Commitment to Justice Award. Recently, Jayson won recognition from Martindale-Hubbell and Avvo.com.
Jayson is also an arbitrator in the Small Claims Part in the Civil Court of New York in the evenings and has served on the Board of Trustees of the Greenburgh Hebrew Center as well serving as its President. Jayson attended Union College in Schenectady, New York where he received his Bachelor’s degree and graduated with honors in 1979. Jayson attended the Benjamin N. Cardozo School of Law at Yeshiva University, New York and graduated in 1982 with a law degree.
An uncontested divorce is a common type of divorce, the other being a contested divorce. Sometimes an uncontested divorce is called a "simple divorce." When both spouses agree to the terms of the divorce, they can file an uncontested divorce. For a divorce to be uncontested, normally there needs to be an agreement by the parties with respect to property, investment and pensions, if applicable. Also, the parties need to agree with the issues of their children including custody, visitation and child support. If a spouse is not willing to sign the divorce paperwork, then that spouse must be served with the divorce papers by a process server for an additional fee. The spouse has a certain period of time to respond to the divorce, and if he or she does not respond, then the judge can sign the divorce on default. If the parties cannot agree to the terms of the divorce, then more paperwork and litigation may be involved. At this stage, the divorce becomes contested.
If both spouses cannot agree on the terms of their divorce, then the divorce is contested. For example, if one parent wants sole legal custody of a child after the divorce and the other parent also wants sole legal custody, then that difference of expectations will be reconciled in the contested divorce. Other matters that may lead to a contested divorce include if the parties do not agree to child support, spousal maintenance, child custody and division of their marital assets, which includes real estate and pensions.
Like spousal maintenance, the court can grant a child support order that will entitle the custodial parent to receive child support. The non-custodial parent will need to pay the child support on a regular basis. Child support is awarded using a formula for basic child support with certain variations. There is consideration if the non-custodial parent has a pre-existing child support order, of if the combined income of the parents is above a certain level. Add-ons may be included for unreimbursed medical expenses, child care expenses, educational expenses and college expenses in certain situations, and medical insurance.
Which parent will take care of his or her child or children? In some cases, both parents will split that duty and joint custody will be awarded. The court uses the “best interest of the child” to decide who will get custody of the children. Other cases result in one party obtaining sole custody.
Child visitation is arranged according to a detailed schedule. It must be approved by a court for it to be enforceable. When a parent has sole custody of the child, it is common for the other parent to seek visitation. Sometimes this time may include weekends during the school year or a month of the summer and holidays.
If you are being abused, followed, threatened or stalked, then you should consider obtaining an order of protection. This document is binding and the police can help you enforce it to keep you safe. The order may specify that a certain person may not come within a certain radius of you at all times. It may limit their ability to communicate with you in person, by phone, by text or instant messaging. The order may may also prevent the person from using a third party to communicate with you.
A spouse may be entitled to monthly spousal maintenance if there is a large difference in their wages. Spousal maintenance is also referred to as alimony. The court system uses a formula to set spousal maintenance., which may be modified based on several factors. Spousal maintenance is often part of a divorce settlement, but it can be ordered separately as well.
Wills dictate what will happen with your assets after you pass away. You can decide who gets what funds and what assets. Without a will, your assets will be distributed according to the government’s formula and will not necessarily be divided per the survivor’s wishes. Besides a last will and testament, we can prepare living wills to detail whether you want to be kept alive by artificial means if your brain waves cease to function and whether you want your body used for organ transplants after you die. We can also prepare health care proxies and powers of attorney.
After a Chapter 7 bankruptcy, the debtor’s debts are wiped out. The debts are discharged, except for student loans, taxes and fines such as parking tickets. Our office will collect financial information from you, run a credit report to identify all creditors and inform the creditors that we are representing you so that they do not attempt to collect from you. We will prepare the paperwork for a bankruptcy and file it for a bankruptcy court. This can end wage garnishments. Next, there will be a short hearing in front of a court-appointed trustee. A lawyer will be present at the hearing to help represent you. Finally, you will receive your discharge from the judge wiping out your dischargeable debt forever.
If you were injured at the hands of a doctor or medical professional, by negligence, failure to treat, failure to diagnose, misdiagnosis, you may be entitled to a large cash settlement for future and past medical expenses, future and past lost wages and future and past pain and suffering. Other types of medical malpractice include surgical errors, anesthesiology mistakes, prescription medication errors, childbirth problems and improper prenatal care.
If you are injured on a sidewalk or in a building, then you may be entitled to compensation. A factor that may affect your case include if the owner of that sidewalk or building received reasonable notice of the defect that caused you to fall and failed to fix it or whether the owner should have known about the problem or whether the owner created the problem.. Compensation may include money for lost wages, medical bills and pain and suffering--past, present and future.
If you are injured where you work, then you may be entitled to lost wages and medical expenses by means of workmen’s compensation. Also, you may be entitled to a cash settlement for pain and suffering from a third party, such as your employer, their insurance, a contractor, their insurance, a building owner or their insurance.
In the case that your friend or relative died, then the surviving relatives may be entitled to a monetary recovery. This category of accidents may include medical malpractice or a buildings or premises liability case where a wrongful death was involved.
If you were involved in an accident with a motorized vehicle, such as a car, bus, taxi, or truck, you may be able to start a lawsuit. You have rights as either a passenger, driver, bicyclist or pedestrian to compensation.
Injuries may arise from defective products or products that should be recalled or have been recalled. You should call the office if you were injured by an accident related to defective products. A product liability case will need to take into account who made error, along the supply chain if there was no warning label for a dangerous or defective product and if the product was recalled before your accident or not.
Driving a truck requires care as it can be very dangerous, due to a truck's large size, weight and long stopping distance. When a truck accident occurs, there are often injuries and property damage. If you or a loved one was involved in a truck crash, then a lawyer can help recover money for damages that resulted from the accident including, but not limited to injury, permanent injury, lost wages, pain and suffering (past and future), death and property and vehicle damage.
