Bronx

Published on: January 10, 2014

Court Decides if it Erred in Child Support Determination

by Stephen Bilkis

A New York Family Lawyer said that, petitioner objects to the order which terminated the order of child support of December 12, 1988. The objections are sustained and the order terminating the December 12, 1988 order of child support is vacated and the order of child support is continued. The child was born out-of-wedlock on September 17, 1987 and shortly thereafter began to receive support from the petitioner/Commissioner of Social Services. On October 13, 1988, the Commissioner commenced a proceeding to declare the respondent the child’s father and to collect child support from him. A New York Child Custody Lawyer said the third paragraph of the Commissioner’s petition alleges that she had received an assignment from the child’s mother and that the child is or is likely to become a public charge. The petition prayed for child support.

A New York Bronx Lawyer said that, on September 12, 1988 Hearing Examiner entered both an order of filiation and an order of child support, both on the father’s consent. On February 28, 1990, a child protective proceeding pursuant to Article 10 of the Family Court Act was commenced against the child’s mother resulting in the May 29, 1990 order placing the child in foster care. It would appear that the father was neither a respondent nor an intervenor in that proceeding.

A Bronx Child Custody Lawyer said that, on February 28, 1991 the father moved to terminate his order of child support effective May 29, 1990 and for a refund of all child support paid to the Commissioner from that date. The essence of the father’s argument in support of his motion is that since the Commissioner was acting, at least in part, as the assignor of the custodial mother when the original order of support was entered, it should be vacated because the Commissioner now has custody of the child. There is no dispute that the Commissioner has continued to support the child during the entire time in issue.

Published on: December 26, 2013

Social Services Seeks to Remove Child from Mother

by Stephen Bilkis

A New York Family Lawyer said that in July 2007, the Nassau County Social Services (SS) filed petitions against the respondent , seeking the removal of her two children. On the same date, the respondent filed petitions seeking the return of her sons pursuant to FCA § 1028. A hearing was held and respondent’s return petition was denied and the children remained in the custody of the Social Services.

A Nassau County Family attorney said that, the respondent consented to a finding of neglect in the underlying neglect petition. A New York Custody Lawyer said that the Order of Custody to SS was vacated, a one year Order of Supervision was entered and the children were returned to the respondent. The terms of the Order indicated that the respondent was to cooperate with SS and Preventive Services, and attend the PACT program. The respondent voluntarily placed the children in foster care, as she reported to be suffering from depression at that time. The children were placed in the home of a certified foster parent, where they continue to reside. The two children were three years old and ten months old at the time that they were placed in foster parent’s home.

The respondent gave birth to her third child. Thereafter, SS filed a neglect petition against the respondent, on behalf of this child. A Bronx Family Lawyer said the Children Services additionally filed neglect petitions against the respondent in Queens County, where the respondent had been living, regarding the same child. The Queens County Court paroled the child to the non-respondent father, with supervision by Children Services. Additionally, the Court issued a Temporary Order of Protection, which vacated the respondent from the home, prohibited the respondent from having any contact with the child if under the influence of drugs or alcohol and only allowed for agency supervised visits. Upon consultation with this Court, the case was transferred to Nassau County Family Court.

Published on: December 16, 2013

Social Services Seeks Guardianship and Custody of Children

by Stephen Bilkis

A New York Family Lawyer said this is a petition brought by an authorized agency under Social Services Law § 384-b[7] seeking to commit the guardianship and custody of the children, A (d.o.b. 1/14/91), B (d.o.b. 3/6/94), and C (d.o.b. 6/14/01) to the agency for the purpose of consenting to the adoption by their foster mother, who is their mother’s sister.

The respondent M is the children’s mother. The respondent F is the children’s father. The children came into foster care in July 2001, following C’s birth with positive toxicology for heroin. The children were then placed following the mother’s admission to neglect based upon heroin addiction.

The court at the time of placement in November 2001, directed that the mother enter an inpatient drug program and complete a parenting skills class.

Published on: November 1, 2013

Court Decides Whether a Writ of Habeas Corpus Confers to Subject Matter Jurisdiction

by Stephen Bilkis

The parties were married in California thereafter they resided together in Orange County, New York. A New York Family Lawyer said the respondent wife moved out of the marital residence. She was approximately seven months pregnant at the time. She filed a family offense petition in Orange County Family Court and was granted an ex parte Temporary Order of Protection against her petitioner husband. Through her attorney, she notified the Family Court that she was withdrawing the family offense petition which had not as yet been served upon her husband, and that she was leaving for the holidays with her family. That same day, she left New York and returned to her parents’ home in Alexandria Minnesota. She wrote to her husband she would be back with her parents. She did not return home to the marital residence after the holidays as she had previously indicated. The husband thereupon commenced an action for divorce by filing a Summons with Notice.

The infant child was born in Alexandria, Minnesota. A New York Child Custody Lawyer said the instant Writ of Habeas Corpus was issued by the court and was made returnable. The writ was adjourned on consent to February 17th, on which date both the counsel and the complainant husband appeared and oral argument was held. The court waived the appearance of the infant who was only several days old when the writ was issued, and had developed some health issues. In the meanwhile, the respondent wife filed a petition in District Court of Douglas County, Minnesota for legal and physical child custody, child support, and to schedule parenting time for the husband.

The issue of whether a petition for a writ of Habeas Corpus confers to the subject matter jurisdiction upon the Court to adjudicate the parties’ child custody dispute when the child is outside the State of New York when the petition was filed. A Bronx Family Lawyer said it is also an issue whether New York or Minnesota is the home state assuming the court does have subject matter jurisdiction.

Published on: October 4, 2013

Father Disregards Child Support Order

by Stephen Bilkis

In 1996, a paternity and child support proceedings were initiated against a man regarding a child, born out of wedlock. A New York Family Lawyer said the matter was scheduled but on the day the man failed to appear. After an inquest, the court entered an order declaring the man to be the father of the child and immediately referred the issue of support to a hearing examiner.

In 1997, the hearing examiner issued an order requiring the man to make weekly payments for the benefit of the child and pay the counsel fee within sixty days from the date ordered. A New York Custody Lawyer said the directive was duly served on the man by mail. In 1998, the man failed to make any payments in any way for the benefit of the child.

The county’s department of social services commenced an action against the man in the family court based on his willful failure to comply with the order.

Published on: October 1, 2013

Petitioner Sues Respondent for Child Support

by Stephen Bilkis

In 1962, the accused left his wife and four minor children in California. His wife then entered into ‘a common law situation’ with a partner and adopted the name of her partner. A New York Family Lawyer said that thereafter, she applied in California for public assistance for the children claiming that she did not receive any support from the accused. In 1971 she signed a misdemeanor complaint charging him with nonsupport. It was later determined that appellant was residing in New York and later, a reciprocal support petition was forwarded to the Family Court in New York. Thereafter, the court ordered that appellant to pay $16 a week for child support.

A New York Child Custody Lawyer said that the mother signed a felony complaint in California charging that appellant did ‘willfully, unlawfully and feloniously and without lawful excuse, omit to furnish’ support for his min children in violation of section 270 of the Penal Code of California. The complaint was sworn to before a Judge of the Municipal Court who then issued a warrant for appellant’s arrest. He was arrested at his home in New York and held pending extradition proceedings.

Thereafter, an investigator from the District Attorney’s office in Orange County, California, sent an application for requisition to the Governor of California. The application states that appellant is properly charged, in due form, in accordance with the laws of this State with the crime of violation of section 270 of the California Penal Code, a felony, committed in the county of Orange’ and ‘That said fugitive from while out of the State of California, committed acts intentionally resulting in said crime in said county. In an affidavit attached to the application, the mother recited the history of the case as indicated above and also stated that she had not received any support from the accused since the entry of the New York Family Court order. In another affidavit to the same effect Woodington noted that ‘this office has received no funds from the defendant’. Both of these affidavits were sworn to before a Judge of the Municipal Court of Orange County.

Published on: September 21, 2013

Petitioner Objects to Cost of Living Adjustment

by Stephen Bilkis

This case stemmed from a divorce action between parties dated May 5, 2005. After the trial, the Family Court ordered a judgment of divorce. A New York Custody Lawyer said the judgment also set forth the support obligations of the father. The father made objections to the order of the court but the same were denied. In his letter dated June 29, 2009, he also made objections to a cost-of-living adjustment order dated March 21, 2009, and after a hearing, the court found that his objections were untimely, and denied his objections with prejudice. Later on, the father filed an appeal assailing the order of the Family Court, particularly its child support provision.

In the parties’ judgment of divorce dated May 5, 2005, the father’s weekly support obligation was set at $235.72. Upon the mother’s application, the support collections unit (SCU for brevity) issued a cost-of-living adjustment (COLA for brevity) order dated March 21, 2009, that increased the father’s weekly support obligation to $267. More than three months later, by letter dated June 29, 2009, the father raised objections to the COLA order, explaining that, although he had received a notice from the SCU in February 2009 of the availability of a COLA to his child support obligation, he never received a copy of the COLA order dated March 21, 2009. Later on, the father admitted that he had previously received the notice of the COLA instructions at his residence, one month prior to the date of the COLA order.

A New York Custody Lawyer said the Support Magistrate denied the father’s objections with prejudice as untimely, finding that the father offered no credible evidence to rebut the proper mailing by the SCU to him of the instructions for filing objections and the COLA order. The father then filed objections with the Family Court, which denied his objections.

Published on: September 16, 2013

Mother Charged with Endangering the Welfare of a Child

by Stephen Bilkis

A New York Family Lawyer said a woman filed an action for various forms of relief. In arriving at the instant decision, the court received and considered the woman’s motion with exhibits, the complainant’s affirmation in opposition with exhibits and the woman’s reply confirmation.

The complainant permitted to an in camera review by the court of the minutes of the grand jury proceeding and have provided a copy of the minutes and the grand jury exhibits to the court for review. The complainant provided the woman with a response to the requests for discovery, bill of particular materials and consent to hearings. The complaint also opposes the motion in all other respects.

The court also examined the minutes of the grand jury presentation, and it is the decision of the court if the evidence presented is legally sufficient to support the charges. Moreover, a New York Custody Lawyer said the grand jury was adequately instructed on the law and the proceeding.

Published on: September 11, 2013

Issue in this Case is Whether Defendant Should be Held for Contempt

by Stephen Bilkis

A New York Family Lawyer said that, in a matrimonial action in which the parties were divorced by judgment of divorce entered May 5, 2003, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County, dated September 2, 2008, which denied her post judgment motion to hold the defendant in contempt, sua sponte vacated the child support provisions of the parties’ separation agreement on the ground that they did not comply with Domestic Relations Law § 240(1)(b) and (h), and set the matter down for a de novo hearing on the issues of child support, child care expenses, and health care expenses, and (2) an order of the same court dated February 4, 2009, which denied her motion for leave to renew and reargue.

The issue in this case is whether defendant should be held in contempt for vacating the child support provisions in the separation agreement.

A New York Custody Lawyer said that, following almost seven years of marriage, the plaintiff and the defendant were divorced by judgment entered May 5, 2003, which incorporated, but did not merge with, the parties’ separation agreement, whereby, among other things, the plaintiff retained custody of the parties’ daughter, and the defendant was directed to pay child support in the sum of $250 per week. As a result of the defendant’s allegedly sporadic payments of child support, the plaintiff moved to hold the defendant in contempt of court pursuant to Domestic Relations Law § 245 and Judiciary Law § 753, for his contumacious failure to pay child support, thus accumulating arrears of $52,155.

Published on: September 10, 2013

Court Decides if Ten Day Notice to Quit is Valid

by Stephen Bilkis

A New York Family Lawyer said that, by motion dated January 5, 2009, respondent seeks to dismiss the instant proceeding, alleging that she is not a licensee and therefore cannot be evicted in a summary proceeding. Petitioner opposes the motion and, pursuant to CPLR 3212 (b), requests summary judgment and a judgment of possession. A Suffolk Divorce Lawyer said that, according to the affidavits of the parties, respondent, a 42 year-old attorney, is petitioner’s daughter-in-law and was married to petitioner’s son in 2001. Soon thereafter, the couple moved into the subject premises located at 345 Harbor Drive, Oyster Bay, New York. The premises are described as a “beach cottage” located on a parcel of land solely owned by petitioner, whose own residence is on the same parcel of land. Respondent and her husband resided together at the subject premises with the permission of petitioner until March 2007, when respondent’s husband moved out. Respondent’s husband then filed a divorce proceeding, which is currently pending in Suffolk County Supreme Court. Petitioner has served respondent with a 10-day notice to quit pursuant to RPAPL 713 and commenced the instant summary proceeding to evict the respondent from the subject premises, contending that respondent is a licensee.

A New York Custody Lawyer said the issue in this case is whether respondent motion to dismiss should be granted on the ground that she is not a licensee and therefore cannot be evicted in a summary proceeding.

The Court held that, pursuant to RPAPL 713 (7), a special proceeding may be maintained” where respondent “is a licensee of the person entitled to possession of the property at the time of the license, and his license has been revoked by the licensor.” Petitioner contends that respondent daughter-in-law was a licensee and that her permission to reside at the subject premises was revoked when he served the 10-day notice to quit. Respondent, however, claims she is entitled to possession because, as a family member of the property owner by virtue of her marriage to petitioner’s son, she is not a licensee.