Articles Posted in Queens

A New York Family Lawyer said in this Family case, in related child custody proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Kings County, as, without a hearing, awarded custody of the parties’ children to the father.

According to a New York Child Custody Lawyer, the Family Court entered a finding of child neglect against the mother pursuant to article 10 of the Family Court Act upon the mother’s admission, at a fact-finding hearing, to allegations that she tested positive for marijuana, obtained Xanax from a neighbor, and used both Xanax and marijuana on a regular basis. Additionally, the Family Court, conducted a dispositional hearing, and was concluded thereafter.

At that hearing, evidence was adduced that supported a finding of the mother’s continued drug use, and additional evidence demonstrated the mother’s history of mental health issues, inappropriate conduct during visitation, and inappropriate conduct in making, or having her daughter make, false allegations against the father.

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This proceeding was brought by the petitioner under subdivision 1 of section 332 of the Election Law to cancel the enrollment of the respondent as a member of the Democratic party of the county of Kings.

A New York Family Lawyer said that the petition alleges that respondent in a verified affidavit, requested that his enrollment be transferred from the thirty-seventh Election District of the nineteenth Assembly District to the fortieth Election District of the nineteenth Assembly District.

The respondent by lease became the tenant of premises in Kings County for a term of four years, which term has since expired, but the occupancy thereof has continued under the terms of the lease either by automatic renewals of terms of one year or under the emergency rent laws. The family of the respondent apparently at all times since the tenancy began of said premises has remained in occupancy thereof to the present time. It is indicated by the evidence that such family consists of the wife of the respondent and an unmarried son. The respondent is a lawyer engaged in practice in Kings County and, judging from the photograph introduced in evidence of the premises, it would appear that he either enjoys a good practice or is a man of some substance.

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A New York Family Lawyer said a fifteen-year old boy has petitioned the Supreme Court to prohibit the judges of the Family Court from reopening a fact-finding hearing by which he may be adjudged a juvenile delinquent, on the grounds that he will thereby be subjected to double jeopardy in violation of the Fifth and 14th Amendments to the United States Constitution, and contrary to the New York State Constitution.

The petitioner contends that he had already been exposed to jeopardy of his liberty in the Family Court when a witness was sworn and testified against him in an adjudicatory hearing, based upon a petition which charged him with criminal assault. In the midst of that proceeding the court declared a mistrial, over the objections of the law guardian for the petitioner. In fact, the presiding judge ordered the mistrial, Sua sponte, and for his own convenience. The judge remarked as he did so that he is disqualifying himself and declaring a mistrial.

A New York Child Custody Lawyer said the next day, the presiding judge, on his own initiative, recalled the case and abrogated the mistrial order for the purpose of reinstating the adjudicatory hearing against the accused. The law guardian again objected and raised the constitutional issue of double jeopardy as a bar.

A permanent neglect petition was filed by the petitioner adoption service. At that time the child was four years old; for the preceding two and a half years she had been in the custody first of the Bureau of Child Welfare, and thereafter, with the adoption. The child, who is now seven years old, has, since the latter date, been in the care of the same foster parents.

A New York Family Lawyer said that the voluminous record which covers 19 hearings, beginning on June 1969, portrays a picture of an aggressive, paranoid and immature mother who interspersed long periods of neglect by failure to maintain contact with the supervising agency for visitation with sudden, hysterical demands that the child be returned to her. Attempts by caseworkers to contact the respondent were frustrated by her constant changes of address, most of which were not communicated to the agency.

On one occasion, when the Bureau of Child Welfare permitted the child to be taken to the respondent’s home, the infant was admitted to a hospital as a battered child four days later. Thereafter, or in August 1971, the Family Court judge, in response to the respondent’s application for the immediate return of the child, ordered the adoption service to permit 15 visits by the respondent up to October 1971; on that latter date she was to be permitted to take the child home for the weekend. Nevertheless, the respondent made only two regular visits prior to October 1; on that date she insisted on taking the child home a week earlier than scheduled. She was permitted to do so, but refused to return the child on the following Monday. This resulted in the issuance of a warrant and the arrest of the respondent.

A New York Family Lawyer said this is a proceeding for support pursuant to Article 4 of the Family Court Act. The clerk of the court mailed a summons to the respondent, directing him to appear for a hearing. No attempt at personal or substituted service was made prior to the mailing of the summons.

A New York Custody Lawyer said that the respondent has appeared specially and moved, pursuant to Section 3211(a) (8) of the Civil Practice Law and Rules, to dismiss the petition on the ground that service by mail in the first instance does not comply with the requirements of Section 427 of the Family Court

A Queens Child Custody Lawyer said Section 427 provides as follows: ‘(a) Service of a summons and petition shall be made by delivery of a true copy thereof to the person summoned at least three days before the time stated therein for appearance. If so requested by the respondent or by a parent or other person legally responsible for his care, the court shall not proceed with the hearing or proceeding earlier than seven days after such service.

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Plaintiff having failed to demonstrate that she attempted to exhaust other, less drastic, remedies to enforce the pendente lite support order, she is not entitled to an order holding defendant in contempt. Defendant’s net worth statement indicates that he has assets within the jurisdiction available to satisfy his current obligations

A New York Family Lawyer said that defendant, in his net worth statement, alleges that he has “no regular salary–Past 3 months’ averaged $1,666.00.” Defendant is 45 years old, in good health, has a Master’s Degree in Music, and is self-employed by a corporation in which he holds 95% of the stock. The court finds defendant’s claimed income incredible, since he lists expenses of $2,992 a month, but income of only $1,666. Furthermore, it would appear the rabbinical court also found that defendant’s ability to pay child support exceeded his claimed income, since it found him to be liable for child support of $250 a week and school tuition of $1,666 a month. Defendant has a 35% interest in a $1.3 million shopping center, and paid his attorneys a retainer of $3,500. Defendant fails to submit tax returns or any other documents which would support his claimed income, and it is apparent that defendant is able to determine the amount of salary he will receive from his corporation. Nevertheless, there is simply no evidence that defendant earns the $100,000 p.a. claimed by plaintiff, and in view of the defendant’s now having submitted a net worth statement, his child support obligation will be reduced to basic child support of $2,500 per month, a sum very close to that determined to be appropriate, as well as payment of unreimbursed medical costs. In the event it is determined at trial that defendant’s income is higher than alleged in the Net Worth Statement, the amount of child support will be adjusted retroactively to comply with Domestic Relations Law § 240(1-b).

Defendant now seeks to confirm the arbitration award of the religious tribunal, which is opposed by plaintiff on public policy grounds.

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In a child support proceeding, the father appeals from an order of the Family Court, Westchester County, which denied his objections to so much of an order of the same court, as, after a hearing, granted those branches of the mother’s cross petition which were, in effect, for arrears of child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, and to modify the parties’ stipulation of settlement, which was incorporated but not merged into the judgment of divorce, to require the father to pay 50% of future college expenses, and for an award of an attorney’s fee, fixed his arrears for child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses in the sum of $11,154.81, awarded the mother an attorney’s fee in the sum of $2,250, and directed him to pay 50% of future college expenses.

A New York Family Lawyer said that the mother and father were divorced in August 1995, which incorporated, but did not merge, a separation agreement. Pursuant to the separation agreement, the father was required to pay the mother child support which was, at the time of the filing of the instant petition and cross petition, in the sum of $1,298 per month. He also was required to pay 50% of the children’s health insurance premiums and unreimbursed medical expenses and, as “additional child support,” 50% of any bonuses received from his employment.

In January 2007 a New York Custody Lawyer said the father filed a petition for a temporary downward modification of his child support obligation during a period of unemployment. The mother filed a cross petition, inter alia, in effect, for arrears of child support and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, and to modify the parties’ stipulation of settlement, which was incorporated but not merged into the judgment of divorce, to require the father to pay 50% of future college expenses, and for an award of an attorney’s fee. Following a hearing, in an order, the Support Magistrate granted the father’s petition, temporarily reducing the father’s child support obligation to the sum of $439 per month, from January through April 2007, during a period of unemployment. The Support Magistrate also granted those branches of the mother’s cross petition which were, in effect, for child support arrears and additional child support based on the father’s past employment bonuses, and for reimbursement of certain college expenses, fixed the father’s obligation in the sum of $11,154.81, awarded the mother an attorney’s fee in the sum of $2,250, and directed the father to pay 50% of future college expenses for the subject children. The Family Court denied the father’s objections to so much of the Support Magistrate’s order as granted the mother relief on her cross petition.

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