Posts Tagged: NY Daily News

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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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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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 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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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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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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Jose Reyes swings, misses when asked in court how many daughters he has

NEW YORK DAILY NEWS – BY BRIAN NIEMIETZ; PHOTO BY DAVID WEXLER / NEW YORK DAILY NEWS Wednesday, December 13, 2017, 9:36 PM Jose Reyes made an error on the stand Wednesday in a hearing over child support payments. During an appearance in Family Court in Westbury, L.I., when Reyes was asked how many daughters

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