Posts Tagged: divorce

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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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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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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Legal Custody

Legal custody relates to who has authority to make the larger decisions in a Child’s life.  These are not the day-to-day routine items, like if it is pizza or burgers for dinner.  Rather, they are the big issues, such as long term medications and educational services.  Legal custody is not related to who primarily lives

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New York to require all people that have children who are divorcing to complete a parenting program

There is a movement in New York to require all people that have children who are divorcing to complete a parenting program. Although it may be deemed a laudable goal, a mandate of this sort, simply stated, is a bad idea. The right to be a parent is a fundamental and cannot be abridged but

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5 Things That Psychology Says Predicts Divorce

What really makes it more likely for a relationship to end. by Drake Baer, Senior writer at Thrive Global covering the brain and social sciences. Like the break-ups themselves, divorce rates are a complicated subject to study. Questions abound: Should we really want divorce rates to go down? Is it true that about half of

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Divorced & Staying in the US

While it seems like a divorce may lead to a denied petition or even deportation, most foreign-born spouses going through the divorce process will be granted conditional permanent residence if they do not choose to withdraw their immigration application. How is this possible? By filing a waiver. If you were in the process of getting

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