Articles Posted in Long Island

A New York Family Lawyer said that before the Court in this child support proceeding is Respondent’s motion to dismiss the petition, pursuant to Rule 3211(a)(5) of the C.P.L.R., on the ground of res judicata in that Petitioner’s application for the relief she seeks herein was previously denied by the Supreme Court of Bronx County. The undisputed facts and circumstances surrounding this motion are as follows: On March 2, 1979, a judgment granting Petitioner a divorce from Respondent was entered in Supreme Court, Bronx County. The judgment, which contained no provision for child support, expressly stated that “Family Court is awarded concurrent jurisdiction herein.” Thereafter, in the latter part of 1979, Petitioner brought a proceeding in Supreme Court to modify the judgment so as to include child support payments for the parties’ adopted daughter, and their son. Over the objections of Petitioner’s counsel, the Court by order dated February 19, 1980, referred the matter to a Special Referee to inquire and report with respect to the issues of Respondent’s financial status and ability to pay, the needs of the parties, and visitation.

A New York Child Custody Lawyer said that, a hearing before the Special Referee was held on April 24th and April 25th, 1980, and in the course of that hearing, Petitioner’s counsel called Respondent as a witness. In addition, Petitioner herself testified, but following her refusal to answer proper and pertinent questions on cross examination, the Special Referee granted Respondent’s application to strike Petitioner’s testimony. On June 30, 1980, the Special Referee submitted his report to the Supreme Court, Bronx County. Included in the Referee’s report was his recommendation that the petition be dismissed. Thereafter, on August 26th, 1980, the Supreme Court, over Petitioner’s objection, found “that the findings of fact and conclusions of law set forth in the Referee’s report accord with the preponderance of evidence adduced at the hearing held before him, and that no issues remain to be tried,” and granted Respondent’s motion for an order confirming the Special Referee’s report, and dismissing the petition to modify the judgment of divorce so as to include child support payments and visitation. A judgment dismissing the petition was also entered on August 26, 1980, and from that judgment, no appeal was taken by Petitioner.

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A New York Family Lawyer said that, on May 30, 2006, the Administration for Children’s Services (ACS) filed a motion pursuant to Family Court Act § 1039-b for entry of an order that finds that reasonable efforts to return the subject child to respondent mother are not required, because the court had entered a finding of severe abuse and aggravated circumstances as defined in Family Court Act § 1012 (j). The respondent requested various adjournments to respond to the motion. On September 23, 2006, respondent mother submitted opposition papers requesting a hearing on the motion. The law guardian supported ACS’s motion without submitting papers. The court heard oral argument on the motion on October 2, 2006, where ACS urged this court to grant its motion without a hearing. The court subsequently scheduled the motion for a hearing, with its analysis incorporated in this written decision.

A New York Child Custody Lawyer said that, ACS filed a petition, alleging that the subject child is an abused child, and that is a derivatively abused/neglected child, pursuant to Family Court Act § 1012. On February 22, 2006, with leave of this court, ACS filed an amended petition against both respondents, alleging that the subject child is an abused child, as defined by Family Court Act § 1012 (e), and is severely abused by his mother, pursuant to Social Services Law § 384-b (8) (a) (i). The amended petition further alleges that as a result of the severe abuse of the subject child, his two-year-old half-sibling, is derivatively severely abused by her parents, respondent mother and respondent father. The amended petition alleges that four-year-old child suffered multiple serious injuries, including a bone-deep laceration to his chin, multiple bruises, burns and marks about his body, all of which respondents failed to seek timely medical attention for.

A Kings Order of Protection Lawyer said that, the respondent mother pleaded guilty in Kings County Supreme Court to a violation of Penal Law § 120.25, reckless endangerment in the first degree, with respect to failing to seek prompt medical treatment for the subject child’s injuries for the two-month period from March 6 to May 6 of 2005, and to a violation of Penal Law § 260.10, endangering the welfare of a child. William’s stepfather, a person legally responsible for him, also pleaded guilty to a violation of Penal Law § 120.25, reckless endangerment in the first degree, and violation of Penal Law § 260.10, endangering the welfare of a child.

A New York Family Lawyer said this is a cross appeal from an order of the Family Court of Essex County, entered October 28, 2009, which, among other things, granted plaintiff’s motion for an order of child support. A New York Divorce Lawyer said that, plaintiff and defendant were married in 2001 and the parents of twins (born 2007). In July 2008, plaintiff commenced this action for divorce seeking, among other things, an order of custody and an order of child support. Simultaneously with the commencement of this action, plaintiff moved for pendente lite relief, including an order of temporary custody and child support. A New York Child Custody Lawyer said that, defendant cross-moved for temporary custody. In December 2008, Supreme Court Justice issued a temporary order directing that the parties have joint legal custody and setting a schedule of custodial time. Thereafter, Supreme Court Justice referred plaintiff’s application for support to Family Court.

A New York Child Custody Lawyer said that, after a fact-finding hearing, at which the parties stipulated to various facts, including their respective incomes and the amount of custodial time each enjoyed with the children, the Support Magistrate determined that defendant was the noncustodial parent and that his pro rata share of the basic child support obligation for both children was $469 biweekly (including $27 for his pro rata share of the children’s health insurance coverage). However, the Support Magistrate further found that defendant’s pro rata share of the basic child support obligation would be unjust and/or inappropriate and reduced the basic support amount from $442 biweekly to $200 biweekly. These cross appeals ensued.

The threshold issue presented is whether the Support Magistrate properly determined that plaintiff is the custodial parent and that defendant is the noncustodial parent for purposes of determining child support.

A New York Family Lawyers said the parties were married in 1978 in Karachi, Pakistan. Later that year they moved to New York City. In April 1980 the Parties’ child was born in the United States. In March, 1981 the child was taken to Pakistan. A New York Family Lawyer said the defendant claims and a later decision of a court found, that this was done without her knowledge or consent. Defendant in turn took the child from Pakistan, without plaintiff’s knowledge or consent. She brought him to her relatives in Ireland. Thereafter, defendant returned to New York for at most a few weeks. The child remained in Ireland. Both parties started various New York City Family Court proceedings which were eventually abandoned, denied or marked off the calendars. Defendant returned to Ireland.

A New York Custody Lawyer said that three years later, plaintiff served defendant with papers for a divorce. Service was made in Dublin, Ireland. Thereafter, defendant returned to the United States with the child. Defendant did not answer the divorce papers. She claims she thought reconciliation was in the works. The divorce was processed as an uncontested with custody of the child remaining with both parties.

A Long Island Family Lawyer said that during the fall, defendant started proceedings to reopen the divorce based upon lack of jurisdiction and lack of proper service. The parties were in litigation for approximately 1 1/2 years concerning the jurisdiction, economic issues, and visitation. Plaintiff did not see the child during this time.

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A New York Family Lawyer said the former couple entered into a separation agreement by which the child’s custody was placed with the mother subject to visitation by the father. The Inferior Court incorporated the child custody agreement in its decree divorcing the parents at the suit of the mother. At that time the child was four years old.

The Special Term Court transferred child custody from her father to her mother on the basis of opposing affidavits, and on default of the father, but the court’s order was reversed. A New York Child Custody Lawyer said according to the Family Court Act, on a showing to the family court that a change of circumstances subsequent to the entry of an order of judgment by a court of competent jurisdiction not of the state of New York, fixing child custody in an action for divorce, separation or annulment, the family court shall proceed to determine an application to modify the custodial arrangement provided in such order or judgment.

Statutes and decisional law must afford justice to the child as she grows older and her environment and needs may change with the passing years. A Long Island Family Lawyer said to afford less to the child by adhering with rigidity to her custodial status fixed at the age of four, when she is eleven and if her best interests require a change, would be to impair her welfare which is the paramount concern of the decision as to her child custody.

A New York Family Lawyer said that, in a proceeding pursuant to article 3-A of the Domestic Relations Law (the Uniform Support of Dependents Law), petitioner appeals from an order of the Family Court Queens County, dated November 1, 1976, which denied her motion for a “rehearing and reconsideration” of an order of the same court, dated April 12, 1976, which, on her application for increased child support, directed the respondent father to pay $50 per week for the support of the parties’ two infant children.

A New York Child Custody Lawyer said that, the parties to this appeal were married on August 14, 1965. There are two infant children of the marriage; they were born on February 25, 1966 and December 15, 1967, respectively. On November 17, 1971 the parties executed a separation agreement in which the respondent agreed to pay child support of $20 per week, per child, and alimony of $30 per week. A judgment of divorce was entered on May 5, 1972 in the Supreme Court, Queens County predicated on the separation agreement.

A Long Island Family Lawyer said that, on September 17, 1975 the appellant wife petitioned the Family Court, Dutchess County, for support. The proceeding was transferred to the Family Court, Queens County. By order dated November 14, 1975 that court directed respondent to pay child support in the amount of $40 per week. On February 19, 1976 the wife petitioned the Family Court, Dutchess County, for an upward modification of child support. That application was also transferred to the Family Court, Queens County, which conducted a hearing on April 12, 1976 and granted an increase of $5 per week, per child, as requested by the wife’s assigned counsel, the Corporation Counsel of the City of New York. The wife was not present at this hearing.

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