Brooklyn

Published on: September 26, 2013

Court Modifies Child Support Payments in Light of Disability Proceeds

by Stephen Bilkis

The petitioner wife obtained a judgment of divorce against the appellant husband. At that time, appellant earned a net salary of approximately $200 per week as a postal worker. The opinion of the Supreme Court, Suffolk County, in the divorce action recited that petitioner, who was then receiving welfare, could reasonably be expected to earn $25 per week. A New York Family Lawyer said the judgment of divorce directed the appellant to make child support payments of $50 per week for each of the two children of the parties and awarded alimony of $50 per week, for a total of $150 per week.

The Family Court, Suffolk County, on the petition of the Child support Enforcement Bureau of the Suffolk County Department of Social Services (CSEB), (1) granted an order of support consistent with the terms of the judgment of divorce setting support at $150 per week, allocating $50 per week as alimony for petitioner and $50 per week for each of the two children as support and (2) granted a wage deduction order against appellant’s salary from the Post Office.

A New York Custody Lawyer said that appellant suffered a severe back injury which resulted in a continuing inability to work. He received his regular salary until April 1980, at which time he became the recipient of disability payments.

Published on: July 5, 2013

Court Determines if Mother is Unfit Parent

by Stephen Bilkis

On November 8, 2010, ACS (Administration for Children’s Services) filed petitions against a mother alleging that her six children were neglected children pursuant to Family Court Act. At that time, the youngest child was a new-born and the oldest child, was 16 years old. Five of the children were living with their mother in New York City having recently relocated from Washington, D.C. A 14 year old daughter had returned to Washington D.C., after coming to New York City briefly with her siblings when they relocated.

A New York Family Lawyer said the petitions alleged that the respondent mother failed to provide the children with proper supervision and guardianship. Specifically, the petitions alleged that the school-age children were not enrolled in school in New York City during the 2010 2011 academic year until October 14, 2010. Additionally, the petitions alleged that the respondent misused marijuana; that she gave birth with a positive toxicology for marijuana and that she was not participating in a drug treatment program. A fact-finding hearing was conducted before the Court.

A New York Custody Lawyer said the ACS called two witnesses on their direct case, the caseworker and the respondent mother. In addition ACS introduced a number of documents into evidence. These included oral report transmissions dated November 3, 2010 and November 4, 2010 as well as the hospital records for the mother and the baby.

Published on: January 19, 2013

Plaintiff Contends Husband’s Estate Undervalued in Divorce Proceeding

by Stephen Bilkis

This is a legal malpractice case being heard in the Supreme Court of the state of New York located in New York County. The plaintiff, SH, is seeking to recover damages against the defendant, LG, for breach of fiduciary duty and legal malpractice. The defendant has moved for an order to dismiss the complaints that have been made by the plaintiff. A New York Family Lawyer said the defendant argues that the issues are time-barred and that the complaint does not state a cause of action and a complete defense is available through documentary evidence. In response the move made by the defendant, the plaintiff has made a cross motion to amend her complaint.

Plaintiff’s Argument

The plaintiff alleges in her complaint that the defendant represented her from 2004 through the spring of 2007. The representation was in regard to her divorce from her husband, CH. The plaintiff states that while handling the divorce proceedings the defendant failed to conduct an adequate discovery of the assets of CH and failed to adequately analyze the entire estate of the marriage. The plaintiff alleges that this failure caused the marital estate to be undervalued and resulted in the plaintiff settling the divorce on unfavorable terms. She further states that the child support payments that are made by LG are inadequate as a result.

Published on: April 11, 2012

Court Determines if Divorce Petition Proper because of Subject Matter Jurisdiction

by Stephen Bilkis

A New York Family Lawyer said the appellant of the case is Harry Louis Eckel who is represented by Dennis A. Barbarisi, from Fort Walton Beach. The appellee of the case is Anita Karla Eckel who is represented by John P. Townsend of Chesser, Wingard, Barr & Townsend in Fort Walton Beach.

The Appeal

Harry Louis Eckel is seeking an appeal from an order made by the circuit court that dismisses his petition for dissolution of his marriage based on lack of personal jurisdiction.

Published on: January 17, 2012

Alabama Legislators Promoting Equal Parent Time

by Stephen Bilkis

Alabama legislators are considering a bill that would almost completely change the way that Alabama’s judges are able to order divorcing parents with children to divide their time with their children. If the bill in its current form passes, it would stipulate that provided both parents are fit parents, they would share equal custody and responsibility in raising their children after the parents’ divorce.

Sponsors of the bill informed a New York Family Lawyer that this seeks to address a long standing issue of one of the parents’ relegated to only a few hours of visitation with their children each month. It is in their opinion that by having both parents included in their children’s lives that the children will no longer feel like they are being pulled in two separate directions. They further add that as a part of the divorce the parents would be required to submit a parenting plan to the court that would stipulate what parts of their children’s lives they would be responsible. In case the parents would disagree, the parents would alternate years of certain responsibilities.

However, opponents contend that a “blanket fix” will not necessarily work, and that judges need the flexibility to decide what is in the child’s best interest. These opponents went on to add that the alternate year proposal could be detrimental to the children in that they may be permitted to do one thing the year when one parent makes the decision, and not be allowed to do the same thing when the other parent decides the following year. This is not the type of consistency and stability that children need.

Published on: November 24, 2011

Divorce Numbers Rise as Economic Recession Passes

by Stephen Bilkis

The Recession of 2007-2009 presented many people worldwide with problems that most had never seen before in their lifetimes. Although the global economy continues to struggle, most would agree that the recession is easing and many are beginning to put their lives back in order. A Brooklyn Divorce Lawyer has learned that although many couples are getting their finances back on track, there are others who have decided to call it quits as a couple.

Those who have studied certain points in history, such as the Great Depression, and various recessions and depressions that have occurred since, have indicated that most couples have a tendency to stick together during times of economic hardship. However, once better times begin to emerge, there is usually an increase in the number of divorces that are filed. While there is some discussion as to the exact cause for this, many do agree that when the prospects appear better to exit a bad marriage, that many people will take that path. This often occurs more whenever financial prospects appear better than when it does not.

While the economic recession may be concluding for many, there are perhaps just as many who continue to have financial difficulties. The number of personal bankruptcies being filed remain at similar levels, and that the financial stress continues to cause many couples to have problems. Financial stress is one of the biggest reasons that couples file for divorce. Many couples continue to struggle with mortgage payments that both parties submitted to without issues during better economic times, but when the economy soured so did their credit scores and bank accounts.Not to mentioin, if children are involved, the high legal costs asscoiated with a child custody battle, equitable distribution or child support payments.

Published on: October 10, 2011

Gay Ex-Governor’s Divorce Trial Is On

by Stephen Bilkis

Gov. McGreevey and his estranged wife have started to move towards their divorce by entering court. This comes after many months of chaos and public scrutiny. There is no word of a settlement so far as the Judge, Karen Cassidy, hears arguments about the custody of the McGreevey’s daughter who is in Kingergarten.

The couple has been arguing over custody and money for the past few months.

Dina Matos McGreevey, 41, is asking for $600,000 for injury sustained because her husband had to resign in disgrace after admitting he was gay and had an affair with a male staffer who says he was harassed and was not a willing sex partner of the governor’s. If this situation happened in Brooklyn and Manhattan it would be wise to consult with a NY Family Lawyer.

Published on: July 14, 2011

Jaime Pressly splits from husband, a New York Family Lawyer says.

by Stephen Bilkis

Jaime Pressly has not had a great year so far.

It has only been three weeks since Pressly, 33, was pulled over under the suspicion of drinking and driving. Now, many close friends of Pressly say she and her husband, Simran Singh, are getting a divorce. Singh is an entertainment lawyer.

One source told UsMagazine that “They are done.” The couple was married September 2009 in Malibu. The small ceremony was with some of the couple’s closest friends. The couple have has been married for almost two years.

Published on: June 25, 2011

Ron Reagan Divorce Caused By Congressional Testimony?

by Stephen Bilkis

Actually, I think this should be something like common sense. Saying the unexpected or the controversial has a price. Losing your job is only one part of the potential price you pay for non-conformity. You may keep your job but be given the silent treatment by colleagues; many would find loss of bonhomie nearly as frightening as loss of a paycheck. Exercise of free speech can certainly damage family relations; one theory of the Ronald Reagan-Jane Wyman divorce is that it came because Reagan was willing to testify before Congress on communist influence in Hollywood. Many might consider a divorce more drastic than losing a job.

If you are a party in a divorce in Brooklyn or the Bronx, it is crucial to have a N.Y. Family Lawyer representing you. The custody of your children either full or joint and visitation privileges could be at stake. A capable New York Family Lawyer will be able to get results that you can live with. Child abuse and neglect may cause the court to issue an order of protection.

Simply guaranteeing employment will not foster intellectual independence. If you want to go that route, you’ll have to guarantee that every tenured professor gets to keep his or her friends and stay married as well.

Published on: October 7, 2010

Mistrial Ruled In A Case Involving Children’s Services says New York Family Lawyer

by Stephen Bilkis

A civil trial in Staten Island involving Children’s Services and top federal lawyer was ruled a mistrial. She indicated that Children’s Services entered her home in Staten Island and conducted an illegal search of the home.

The jury in this case didn’t feel that the cps or caseworkers were acted irresponsibly but did award $100,000 to the woman. New York Family Lawyers report that the woman refused to allow the caseworkers into her home when they came searching for her brother’s three young children over a year ago. Brooklyn Federal Judge David Trager said it appears that the jury thinks that the city should foot the bill on this one.

Massachusetts authorities were investigating allegations of child abuse and thought that the children might be in the home, however, the out of state court order was not valid in New York. And, as it all turned out, the children were not in her home. New York Family Lawyers may be needed to help with the details of this case especially since children are involved.