Suffolk County

Published on: August 3, 2013

Father Appeals Child Support and Custody Order

by Stephen Bilkis

In an action, inter alia, for awards of child custody and child support, the plaintiff father appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County, dated October 25, 2007, as, in effect, granted that branch of the defendant mother’s cross motion which was for child support pendente lite to the extent of directing him to pay the defendant mother the sum of $426 per week.

A New York Famiy Lawyer said that, the parties, who were never married to each other, are the parents of two young children. In May 2006 the father filed a petition in the Family Court, Suffolk County seeking custody of the children. The mother cross-petitioned for custody, and additionally petitioned for child support. During the course of the Family Court proceedings, the parties entered into a so-ordered stipulation in which they agreed to temporarily share equal physical custody of the children. After the parties reached their temporary custody agreement, a Family Court Support Magistrate denied the mother’s petition for child support.

A New York Custody Lawyer said that, the Support Magistrate found that the parties had joint residential custody, and deemed the father the noncustodial parent because he had a greater income. However, the Support Magistrate declined to direct the father to pay child support because he was paying his adult daughter the sum of approximately $300 per week to care for the children in his home, and the children thus spent a greater amount of time at his residence.

Published on: January 6, 2013

Defendant Contends He Received an Unfair Trial

by Stephen Bilkis

Upon the notice of motion dated July 2, 2010, defendant moves via his attorney for an order pursuant to Criminal Procedure Law (CPL) sections 440.10(1)(H) and 440.20 to vacate the within conviction and to have his sentence therewith set aside. A New York Family Lawyer said defendant argues that his conviction should be vacated and the sentence set aside because of ineffective assistance of counsel, in that, although alibi notice was served and on notice with the court, trial counsel failed to present defendant’s alibi defense and did not call alibi witnesses whose testimony would have exculpated defendant from the within conviction. A hearing on this matter was granted without objection from counsel and held on October 28, 2010. The hearing was continued on December 16, 2010 with oral argument of counsel.

On February 3, 1993 at approximately 8:45 pm at 1033 Broadway in Kings County, the defendant along with three companions was alleged to have robbed four persons inside a pool hall located at that address. A New York Custody Lawyer said the defendant was said to be armed and in the course of the robbery shot two persons one died and the other was wounded, an eyewitness. Eyewitnesses identified the defendant out of a line-up and photo array as one of the people who committed the crimes. Defendant was charged with Murder in the Second Degree, Attempted Murder in the Second Degree, Robbery in the First Degree, and two counts of Criminal Possession of a Weapon.

A Suffolk County Family Lawyer said that, alibi notice had been presented in this matter by defendant’s former Legal Aid attorney which offered the defense that defendant could not have committed the acts he is charged with because at the time of the commission of said crimes defendant was eighteen blocks away at 1217 Jefferson Avenue in Kings County, his family home. Defendant had intended to call the two tenants who live at 1217 Jefferson Avenue. The alibi notice dated April 12, 1993 is addended to defendant’s motion as exhibit A.

Published on: January 1, 2013

Court Looks at Husband’s Drug Use in Domestic Violence Case

by Stephen Bilkis

A New York Family Lawyer said the complainant Wife and the defendant Husband exchanged marital vows in an Orthodox Jewish ceremony in Nassau County. At the time of the marriage the parties were very young New York residents, the Wife was 18 years old and the Husband, 22. Although the Wife had two years of college education at the College for Women in New York City, the Husband merely finished high school. She stopped studying without obtaining a degree after the birth of their first child and three more followed. After the children were born, the Wife became a full time homemaker and parent. The parties raised their children adhering to the tenets of Orthodox Judaism and the children attended the former school of the Husband.

At the time of their marriage in August 1983, the Husband was a Jewish music producer and sole owner and employee of an Orchestra, which primarily booked bands for weddings and other special events. A New York Custody Lawyer said through the Orchestra and the use of professional production studios, the Husband also produced albums and recordings for some well-known Hasidic musical entertainers, both in New York and in Israel. The Husband initially maintained a business office in Queens, which later operated from the marital home. The Husband at some point sold the company name of the Orchestra, but continued in the same business, calling his company with another name. Throughout the marriage, the Husband remained the primary support for the household with these enterprises.

Upon the formation of the new company in or about 1985, the Husband’s income increased to the range of $100,000 to $125,000 per year. A Suffolk County Family Lawyer said this would later include the Husband’s income of $50,000 to $75,000 which is generated from his employment by the non-profit Jewish organization. From 1989 through 1996, the Husband’s primary function with the non-profit Jewish organization consisted of putting together an annual special concert in New York City’s Lincoln Center that raised major funds for the organization. The Husband testified that in one year during the early to mid 1990’s, he had occasion to earn $150,000 as a result of the fundraising concerts and his employment by the organization, although he never attained that income level again.

Published on: January 22, 2012

Court Rules on Child Visitation Matter

by Stephen Bilkis

Three months into a couple’s brief marriage, they were separated and by the fifth month, wife filed for the dissolution of the marriage. When she filed the petition, she also said that she is with child. In her statement she testified that it was husband’s and her child, said a New York Family Lawyer. The husband denied being the father of the child at first, but after the child was born, the two had agreed on a marital settlement agreement. The husband agreed pay $119.14 per month for child support until the child is considered as an adult. The agreement also stated that he should pay for the medical expenses during pregnancy that was not covered by insurance. The wife was to have sole custody of the child, and she could change the surname. There was no mention of visitation rights.

About a year and a half after the agreement, a judgment of dissolution was taken by the court, basing it on the agreement of the two parties. The requirements and terms of the child support were repeated. Mr. McAlister asked his lawyer about the visitation rights and was given the answer he should not worry as he would have them. According to the transcript a Sufflok County Visitation Lawyer read, Mr. McAlister tried seeing the child at the wife’s residence after the baby was born but was turned away by the wife. He tried again a few months later but still the same thing.

The husband filed for a Supplemental Petition for Modification. This was to give him visitation rights to his child. The court denied his motion, but he appealed against the ruling. The Court of Appeals said in their deliberation that a parent has a natural right to a significant relationship with their child. The only limit is how they act in front of their child, which should not negatively affect the child’s moral or welfare. The court also stated that the courts can grant sole custody with or without provisions for visitation rights of the other parent. In this case though, the Court of Appeals said that it was not even mentioned so there was no determination if the husband should have visitation rights or not. A Suffolk County Custody Lawyer read that they remanded the case back as to give the chance to the father to present his case with the best interest of the child for him to have the said rights.

Published on: October 17, 2011

Family charged for Illegal Entry to the US

by Stephen Bilkis

A distressed mother of an alleged 14-year-old alleged murderer has just been charged with entering the United States illegally, according to New York Family Lawyers and is facing deportation.

The 43-year-old suspect was arrested with her husband and taken from their apartment, where they lived for nearly eight years to be federally charged with illegal re-entry after previous deportation according to local police reports.

In 1997, the mother was originally deported for possession of rock cocaine according to police reports. No records indicated that she applied to be reinstated to the United States. Her husband was originally deported back in May of 2002.