Child Support

CUSTODY CASES – ONE PARENT ALIENATING THE CHILD FROM OTHER PARENT

Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child. The paramount concern when making such a determination is the best

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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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GIRLFRIEND WHO HAD CONFLICTS WITH MOTHER NOT RESTRICTED FROM FATHER’S VISITS ; AN ATTORNEY FOR THE CHILD IS NOT APPROPRIATE FOR A CHILD THAT IS TOO YOUNG TO COMMUNICATE

Family Court has the power to impose restrictions on a child’s interactions with third parties during visitation if it is in the child’s best interests to do so.  Here, the record establishes that there were verbal and physical altercations between the mother and the girlfriend during the exchanges of the child. However, there is no

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WHAT HAPPENS TO EXISTING CHILD SUPPORT PAYMENT OBLIGATION IF ONE OF THE CHILDREN TURNS 21

The parties, who have three children together, were divorced by a judgment of divorce dated June 20, 2017. The judgment incorporated, but did not merge, a so-ordered stipulation of custody and access dated December 8, 2016, and a stipulation between the parties resolving issues of, inter alia, maintenance and child support that was placed on

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Can I Still Receive Spousal Support if I Now Make More Money Than My Ex?

The purpose of spousal support in a New York divorce is to allow both spouses to continue to maintain a similar standard of living as when they did when they were married. In this situation, the wealthier spouse makes spousal support payments to the less wealthy spouse for a certain length of time based on

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TYPES OF CUSTODY IN NEW YORK

There are two major parts of custody in New York. I. Physical/Residential Custody: – who lives with the child on a day to day basis – who has a parenting time/visitation schedule with the child II. Legal Custody : This determines whether one or both parents have decision making authority over the major issues affecting

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SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR

SUPPORT CALCULATIONS IN NY WHEN SOMEONE’S INCOME IS UNCLEAR  There are various calculations that a New York Court will use to determine how much child and or child support will be Ordered.  These calculations are pretty straightforward when the person who will be paying support has a typical job where they are issued pay-stubs and

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