Child Support

Failure to Pay Support: Court Disobedience Resulting in Jail Punishment

The father asserts that the Family Court’s conclusion that he deliberately violated the support order is unfounded and lacks a solid basis in the available evidence. He argues that his inability to fulfill child support payments were adequately explained and supported by relevant documents, demonstrating his sincere efforts to increase his income. However, we disagree

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A SINGLE ACT OF DOMESTIC VIOLENCE MAY BE SUFFICIENT TO SUPPORT A FINDING OF CHILD NEGLECT

Neglect is established when a preponderance of the evidence shows that the children’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and that the actual or threatened harm to the children results from the respondent’s failure to exercise a minimum degree of care in providing the children

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WHEN IS IT CONTEMPT OF COURT THAT IS PUNISHABLE WITH JAIL FOR FAILURE TO PAY SUPPORT

The father contends that Family Court’s finding that he willfully violated the support order lacks a sound and substantial basis in the record, particularly in light of what he characterizes as his cogent, reasonable explanation for his inability to make good on child support arrears, well-supported by documentary evidence and his reasonable (even extreme) efforts

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MENTAL ILLNESS / INTELLECTUAL DISABILITY GROUNDS FOR TERMINATION OF PARENTAL RIGHTS

HEY WAIT A SECOND, MY LAWYER STANK IT UP! NO THEY DIDN’T – THE LAWYER IS ENTITLED TO MAKE STRATEGIC AND TACTICAL DECISIONS An agency seeking termination of parental rights on the ground of mental illness or intellectual disability must demonstrate by clear and convincing evidence that the parent is presently and for the foreseeable

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YOU MUST BE KIDDING – I CAN’T MOVE WITH MY CHILDREN A MERE 12.5 MILES ?

  A parent seeking leave to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child’s best interests.  In determining whether a proposed move is in a child’s best interests, the Court of Appeals held in Matter of Tropea v. Tropea

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CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME…

CHILD SUPPORT IS NOT ALWAYS SET ON THE INCOME… THAT A PARENT REPORTS ON THEIR TAXES The level of child support is determined by the parents’ ability to provide for their children rather than their current economic situation. A court need not rely upon a party’s own account of his or her finances but may

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Compassion for the Client, Aggression for the Adversary

Gildin and Chapman is a boutique style law firm emphasizing all aspects of Family Law, Criminal Defense and Appeals. Both Steven Gildin and Brent Chapman have nearly three decades of legal experience successfully handling literally many thousands of cases from the very first call, throughout all litigation and trial and beyond.  With this broad knowledge,

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NO VISITS IF PARENT IS NOT VACCINATED

The Court restricted the non-vaccinated parent’s access to the child until they were vaccinated or underwent regular testing. New York is transitioning towards a “new normal” where citizens are taking precautions to balance staying safe from COVID-19 and its variants alongside the desire to return to some semblance of regular life. The widespread availability of

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A JUDGE HAS NO POWER TO DIRECT ADMINISTRATION OF CHILDREN’S SERVICES TO FILE A NEGLECT CASE

To the extent that [prior precedent] decisions implicitly hold that Family Court may order a child protective agency to commence a proceeding under Family Ct Act article 10, they should no longer be followed for such proposition. Accordingly, in the absence of any express grant of authority by statute, Family Court erred in sua sponte

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JOINT LEGAL CUSTODY ORDERED BY THE COURT

An award of joint legal custody is an aspirational goal in every custody matter and is particularly warranted where the parties are generally able to communicate with one another in a cooperative fashion. Although the parties have had disagreements about certain aspects of parenting, the record demonstrates that there is a modicum of communication and

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