Posts Tagged: Suffolk County Divorce Lawyer

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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Digital Defense For Divorce

You need to be protected on all fronts during a divorce case. Nowadays, this certainly includes a thorough digital defense. First, if you think anything on any of your devices can be used against you, then stop using the devices immediately, and copy specifically recognized user-created, uploaded or downloaded files to a removable drive. Next,

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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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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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