New York Family Law Blog

Frances Bill is the respondent in this case where Gerald Bill was the appellant.

Summary

The Child Support Standards Act is the standard method used to determine child support payments based on the parents income. One of the issues included in the act is that the costs of child care are to be shared by parents in proportion to their earnings, and whether those terms can be enforced when the parties are unaware of the terms of the CSSA. The court ended up agreeing with the Family Court which ordered the father in the case to pay a percentage of the child care expenses encountered by the mother.

Facts

The appellant and respondent were married in November of 1985. Two children were born in 1983 and 1987. The couple purchased a house in New York and later moved to Orange Country. Both are long term employees of BMW of North America, Inc.

The couple separated in 1992 and began divorce proceedings. A New York Family Lawyer said the divorce agreement included custody of the children being awarded to the wife, while the husband was required to pay $325 in child support each week. The stipulation providing for these measured did not include the required statement showing that the couple had been advised of the CSSA, and did also not reference what the child support payments would have been had the standard CSSA formula been applied. No provision was made at the time for the division of child-care costs.

The figure eventually arrived at for child support was $28750. This was calculated by assessing 25% of the combined yearly income generated by both parents. This amount was entered as part of the stipulation of settlement, along with the logic used to arrive at the figures.

Very soon after this was agreed upon, a motion was filed to force the husband to contribute to child care costs. The husband opposed this motion, stating that his initial child support fee was already more than the CSSA would have required him to pay, but the wife stated that he was actually paying less. A Suffolk County Family Lawyer said the disagreement on this figure comes from the fact that income over $80,000 is discretionary in these matters, but no agreement was made as to how this income would be assessed in this case.

The wife alleged that the husband agreed to pay 50% of child care costs, but he maintains that while they discussed it, no agreement was ever reached or included in the settlement terms. However, because the wife had a right to seek those expenses, the husband was subsequently required to pay them. The husband's objection resulted in the ruling being adapted so that he paid $120 per week for child care until August of 1994 where his obligation increased to 60% of all child care expenses.

The CSSA is designed to provide a balanced tool for assessing the financial needs of children and determining how the income of the parent's needs to be allocated to provide for the child's well being. A Queens Family Lawyer critical part of the CSSA states that when child care expenses are incurred by a working parent that the court must assess the fees for that care and split the responsibility for the care services in the same ratio used for creating the child support payments.

When a stipulation is entered into that involves the payment of support for children, the parties are supposed to be notified of the terms of the CSSA and if and why they are deviating from the standard terms used under the act. If this had been complied with, the issues at hand such as the argument over how great the child-care fee is when compared to the income of the husband would be avoided.

Ruling

The existing stipulation does not work as a waiver to any entitlements deserved under the CSSA. As a result, the Family Court was right and the wife has a right to seek child care costs from the husband.

If you encounter a situation where legal action seems like the best option, you should seek help from Stephen Bilkis & Associates. The legal team will examine your circumstances to let you know what type of legal action will serve you best. If you want to get a free telephone evaluation of your situation, call one of the several convenient NY office locations.

When families break down, it is the children who suffer so much. When they start growing up in an environment that is unresolved, they also tend to create chaotic environments on their own. If we care for the future generations of this country, then it is important that we help each other out in informing families on how it is really to raise one. You would learn a lot of values and rights when you get to review some child visitation rights cases explored by a credible New York Family Lawyer.

This case was between the Department of Children and Families versus a mother who is not capable of taking care of her own son. The mother was hidden in the initials of B.M. The child is a four-year-old boy with the initials of B.B. He was brought to the DCF for a shelter petition last 2006. It all started with the mother and child deciding to live alone away from the father who mistreats and abused his wife. In September 12 of 2006, she left her son in a neighbor’s house and promised that she would return soon. But she did not and only came back for her son the afternoon of the next day.

Because of this non-compliance according to a New York Visitation Lawyer she was evicted two days after and she even evaded possible confrontation with the WID. A history of violence in the home was traced and both parents had restraining orders. By September 18, the mother was allowed visitation that is supervised about two times in a week. But on the following month, reports say that she has already missed three appointed visits with which she gave three unreasonable excuses as well. First, she simply overslept. Second, she had to go to a particular doctor’s appointment. Third, she needed to do another follow up with her doctor.

At this point, the New York Custody Lawyer found out that it would be the father who would take custody of the child for a while. The mother was still allowed to visit the child but with proper supervision. The mother was tasked to do the following like attend parenting classes and go through an evaluation of substance abuse. She is also to go through complete psychological evaluation, individual counseling and even sign a consent along with attending violence for victims workshop classes.

If the mother would fail her ordered responsibilities, she would not be allowed of any kind of contact with the child. She must also be able to present herself to the court first clean of any substance abuse and after having negative results for her drug screening. The custody of the child to the father was also modified since the father was guilty of domestic violence still of the new wife. After sometime though, a witness emerged from the Child Net organization saying that the kid is doing well with his father and stepmother already. But as with the mother, she has not been able to comply to her requirements and hence she was not allowed completely to visit her child. She was still given the chance for sporadic visitation for the court believes that the child still has the need to see his own mother.

If you need some help with any kind of family oriented legal cases, you should start getting in touch with an ideal Suffolk County Family Lawyer so that you can be able to understand the entire process. The office of Stephen Bilkis and Associates offers great a strong team of legal professionals who can help you in giving justice to your rights and your loved ones.

There has been an increase in the number of divorce cases in recent months. One possible reason for this happening is because of the recession becoming much less serious. It’s thought that several people who were in troubled marriages simply waited until the financial crises have eased slightly. People start to feel more comfortable in their abilities and future and so will start divorcing.

A previous employee of Disney World decided that it was the right time for her to divorce, and leave her partner. She explained to a Suffolk County Divorce Lawyer that she had been in a troubled marriage for several years before deciding to leave.

It has been explained that during the real estate boom a couple of years ago, her husband took some of the equity from their home to buy apartment units. The apartment units were bought through the spouses name to benefit from a better credit rating, it was explained. However, due to the financial crisis many of these apartments remained empty. This meant that unpaid rent notices and loan payments were quickly becoming out of control. The couple had no choice other than declare bankruptcy.

Many people in troubled marriages must have been waiting for the financial crisis to ease. When people start to feel more comfortable then they will then decide whether or not they want to divorce.

The facts have actually proved that this theory is correct. The figures obtained say that the number of family law or divorce cases in Orlando have increased by 12% in 2010. And in 2008, the number of divorces in the state had fallen by 5%. This does suggest that people are more concerned with surviving in lean times than they are divorcing and getting out of troubled relationships. Many people think that this is actually a little strange. One of the leading causes of divorce is actually because of financial stress. During the recession it would be much more likely that this stress would break up marriages, however this is not the case.

Continue reading "More Couples Divorcing as Recession Eases" »

Robin Givens and Mike Tyson are matched against each other in a fight which is bound to end up in a Knockout... probably with Tyson taking the blows and winding up on the canvas.

With visitation and child custody in the balance, you should hire a New York Family Lawyer when confronted by a divorce. An attorney with knowledge and experience is your best way to achieve the goals you need to reach in these troubled waters..

After months of fighting and slinging claims back and forth, they both filed for divorce. Tyson countersued Givens after she filed in court. She claimed that he beat her and made her life unbearable while he blamed the mother-in-law, Ruth Roper for many of the problems. He says that Roper lied to him about Robin being pregnant to force him into marriage. He also said that both his wife and her mother had tried to keep him away from his old friends in Manhattan and Suffolk County, particularly his Black friends.

Continue reading "Robin Givens and Mike Tyson had an interesting divorce" »

Michele Elyzabeth claims that Heather Mills for whom she once worked is a liar and has misled her and everybody else on the planet as far as what kind of person Mills is. This comes a few weeks after Michele stopped doing publicity for the former wife of Beatle Paul McCartney.

Elyzabeth says that false stories about McCartney were leaked by Mills and that she even has Paul's phone bugged. She recorded conversations and played them for the then publicist. One of the recordings was between McCartney and his daughter. Mills wore gloves so that her finger prints would not show up.

In the tapped phone conversation with his daughter, Stella, Paul complains that Mills is driving him nuts with her craziness. Elyzabeth comes to the conclusion that Mills was in this for the money alone. The gold digger came out on top as she was given a 50 million dollar settlement back In March when the divorce was granted. NY Family Lawyers in Nassau and Suffolk Counties have taken note of this particular case and are aware of the outcome.

Continue reading "Mills a 'Gold Digger" »

An 11-year-old boy, who had been missing for two months according to his mother, was finally found with his father after a long search by authorities.
A N York Family Attorney said the boy had been visiting his father on his usual weekend when his father took him for fear of being arrested. The mother and father have had joint custody since their divorce a year ago.
The New York Family Lawyer went on to explain the man had allegedly not been following all of his divorce stipulations. On the weekend he had his son, he learned there was a warrant out for his arrest. The man reportedly sped away in his car with the boy when he saw a deputy nearby.
“He wasn’t holding up his end of the deal so I reported him,” the mother said. “I never thought he would do something like this, though.” “Obviously I’m elated,” she added. “I’ve been hoping for this every day. Today is the best day ever.”
Reports indicate a judge had issued a civil warrant for the man’s arrest not long before the kidnapping. A NY Family Lawyer said that now the man’s charges are much more serious. “He is being charged for interfering with the custody of a child, which is a third degree felony.”
While the boy was missing, the man was placed on the Southwest Florida Crime Stoppers’ 10 Most Wanted list. According to court reports, the couple had been struggling for many years before filing for divorce. The husband allegedly had a history of conflict with his fellow coworkers and his wife.
During their divorce, the families were surprised when joint custody was awarded. One family member, who preferred to stay anonymous said, “This is probably the best thing that could have happened. Now he can’t have the boy every other weekend anymore and will hopefully lose custody. We’re all hoping for her sake (the mom) that’s what happens.”

Divorce cases in Staten Island and Suffolk County are best handled by lawyers familiar with the divorce laws in NY State.
The boy has been placed under observation with a hospital and will be undergoing counseling for the next few months. Lawyers said it would take the boy a long time to understand what is happening with his parents. A counselor, not related to this case, said the boy would likely have issues with trust for many years to come. Being involved in custody battles and divorce takes a toll on the whole family. New York Family Attorneys can help you make sense of the chaos. Attorneys understand the law and how to put your family first for the best possible outcome.
">New York Family Lawyers say that nearly 50 percent of kidnapping happens within the family.

Continue reading "Missing boy found after a two-month search" »

Dylan Walsh, uber sexy star of the FX hit series Nip/Tuck, has chosen to have a lifestyle makeover of his own and has filed for divorce from his wife of six years, according to reports from a New York Family Lawyer. Yet another Hollywood romance left in pieces.

Walsh, a youthful 47, is best known for his role as Dr. Sean McNamara, an emotive plastic surgeon on the FX series Nip/Tuck who is notoriously good at fixing what people don't like about themselves but runs into a host of ways that his own life is broken in the process. Walsh is an American who has also acted in dozens of movie and television performances, including Soldier Boy and Kate & Allie.

Walsh cited the commonly muttered justification of irreconcilable differences with his wife of six years, actress Joanna Going, who is best known for her many roles in made- for-television movies and who is also to star with actor Sean Penn in the upcoming movie release The Tree of Life.

Walsh is filing for joint custody of their daughter, Stella, who is nine, according to reports. One New York Family Lawyer is quick to point out that Hollywood marriages are not immune to the problems of typical marital agreements, citing more than irreconcilable differences.

Do actors ask for this type of treatment when choosing their profession and gaining that level of super stardom that makes a normal life obsolete? Is it any wonder that so many Hollywood marriages fail? Life in the spotlight may be warm and bright, but it makes every dark shadow come alive.

Families ending in divorce need support and straight answers. A skilled New york Family Attorney can guide you through the necessary steps. Separation, divorce, custody, alimony and other familial cases can be handled by a highly recommended New York Family Attorney.

Continue reading "Popular Nip/Tuck Star Files for Divorce " »