Divorce

IN WHICH COUNTY CAN A DIVORCE CASE CAN BE STARTED

The parties to this divorce action primarily resided in New York County, while maintaining a seasonal second home in Suffolk County. In March 2020, when the COVID-19 pandemic first reached New York City, the defendant retreated to the Suffolk County residence along with her pregnant and immunocompromised daughter and began spending more time there in

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HOW TO SERVE DIVORCE PAPERS OUTSIDE OF THE COUNTRY

We address the wife’s argument that Supreme Court improperly authorized substituted service of the summons and complaint by email. Pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (20 UST 361, TIAS No. 6638 [1969] (hereinafter Hague Convention), of which both the United States and Italy are signatories, requests for

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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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WHEN YOU WANT TO CHANGE THE TERMS OF A DIVORCE AGREEMENT, A NEW, SEPARATE CASE MUST BE FILED

A stipulation of settlement which is incorporated but not merged into the parties’ judgment of divorce may be reformed only in a plenary action. Family Court does not have jurisdiction to modify a separation agreement. Deborah K. v. Richard K., 2022 WL 618996 (1st Dep’t.  2022) The Law Offices of Steven Gildin CALL STEVE TODAY

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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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Debt and Divorce: What Happens to Debt in a Divorce?

Often when a person considers the financial effects of a divorce, they initially only consider how assets might be divided. Marital debt, however, is also divided between spouses during a divorce in New York on an equitable basis. When it comes to the distribution of shared debt in a divorce, you want an experienced New

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