Posts Tagged: Gildin Law

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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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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CAN A NON-PARENT OBTAIN CUSTODY OF A CHILD INSTEAD OF THE CHILD’S PARENT?

In a child custody dispute between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness or other extraordinary circumstances. This rule applies even when, as here, a prior order

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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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TRUMP TAX OVERHAUL HITS DIVORCES

Under the new Trump tax reform, the 75 year old deduction for alimony payments are out. In any divorce case that starts after 2018, the spouse paying alimony can no longer deduct it, and the spouse receiving the money no longer has to pay taxes on it. Previously, it was reversed. Example Before the Change:

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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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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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