In an action for a divorce and ancillary relief, the defendant man appeals from a decision of the Suffolk County Supreme Court made after a nonjury trial, and as limited by his brief, from stated portions of a judgment of the same court which, upon the decision has awarded the…
Articles Posted in Custody
Petitioner Sues Respondent for Child Support
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…
Court Discusses Eviction of Family Member
In this Special Proceedings case, petitioners are the owners of the Subject Property. Respondent moved into the Subject Property with her paramour after learning she was pregnant with the subject child. Petitioner’s husband is the biological father. The parties acknowledged that there are no custody or child support matters pending.…
Court Relieves Law Guardian from their Duties
In this Order of protection case, the Law Guardian was relieved and new counsel assigned to represent the child’s interests. Respondent mother’s counsel asserts that during the fact-finding hearing, while the caseworker for the Administration for Children’s Services was testifying, the Law Guardian read a People/Us magazine under her desk…
Court Hears Child Support and Custody Case
The instant case arises from an award of child support entered after an inquest, upon the appellant’s default in appearing at the hearing. A New York Family Lawyer said the appellant alleges he became sick immediately prior to the commencement of a support hearing in February 1990 and asked his…
Court Modifies Child Support Payments in Light of Disability Proceeds
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…
Court Decides Case for Contempt of Court for Failure to Pay Child Support
A New York Family Lawyer said in a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County, dated November 4, 1999, which, in effect, confirmed a determination of the same court, dated September 13, 1999, that he…
Father Appeals Child Support Calculations
A New York Family Lawyer said that, in the parties’ separation agreement, which was incorporated but not merged into the judgment of divorce, the father agreed that his child support obligation for a given year would be 25% of his gross income for the prior year. On a prior appeal…
Court Decides on Case Involving Laches
This Family Court Article 5 paternity proceeding was commenced by the Suffolk County Department of Social Services on behalf of petitioner against respondent. A Suffolk Family Lawyer said that, the trial was commenced and concluded on June 2, 1981. A New York Family Lawyer said at the outset, the respondent…
Court Discusses Cost of Living Adjustment
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County, dated November 9, 2009, which denied his objections to an order of the same court, dated September 24, 2009, which, upon treating his letter dated June…