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Court Discussed the Need for Injured Father to Have a Legal Guardian


A New York Family Lawyer said a couple obtained a divorced pursuant to a decision of the court. In addition, the condition also ordered that the father was obligated to keep and maintain hospital and medical insurance coverage, or better coverage, for the benefit of the children, as long as he is obligated to make child support payments. The decision further provided that the father shall claim his youngest child as an exemption on his personal income tax returns for income tax purposes as long as he complies with the terms of the condition.

Subsequently, a New York Child Custody Lawyer said a woman was appointed as the guardian of the father. Sources revealed that the need for a guardian was stemmed from injuries sustained by the father subsequent to the divorce action. The aforementioned order and decision authorized the establishment of a supplemental needs trust for the benefit of the father out of which certain expenses could be paid including child support, premiums for health insurance for the man’s children, life insurance premiums, medical expenses for the children and 1 1/2 of the annual college education costs at any state university.

The duties and obligations of the father owing to his former wife and his children, and his rights arising out of the divorce action, are defined by the condition of settlement. A Queens Family Lawyer in the mother’s application to modify those duties, obligations and rights by an expansion of the guardian’s powers, it is in effect seeking to have the court in the guardianship proceeding to modify the decision in the divorce action.

Consequently, a Queens Child Custody Lawyer said the court’s computer records reflect that the couple’s matrimonial action has not been reassigned to any other justice’s. Therefore all the necessary parties, including the presiding justice, to an application for modification of the decision of divorce are seemingly present for purposes of the instant application. Nevertheless, the matrimonial action is not part of the undersigned’s case inventory and modification of the judgment, if any, should be directed by justice to whom the case will be assigned in accordance with appropriate procedures.

In order to allow the issues to be considered, the court grants the mother’s motion to the extent of expanding the guardian’s powers to allow her to act against or defend the interests of the father in any proceedings that may be brought for modification of the judgment of divorce or the condition of settlement in the divorce action.

Later, the order and judgment appointing the guardian for the father gives no authority to litigate the issues, or to agree to a modification of the condition of settlement or the judgment of divorce.

Based on records, the guardian may require the assistance of the attorney in any proceedings in the matrimonial action. If she elects to be represented, the attorney must be from the office of court administration’s approved list of counsel for guardians.

The guardian, who is also the trustee of the supplemental needs trust, has, by her cross motion, in effect, partially agreed to the relief requested in the motion of the mother to the extent that she wants to provide for payment of one half of the cost of the college education of the children from supplemental needs trust funds, provided that the modification of the trust will not adversely affect the father’s medical benefits.

Consequently, it is ordered that the branches of the mother’s motion for an order expanding the guardian’s powers are granted to the extent that the guardian is granted authority to represent the father’s rights and interests in proceedings in the matrimonial action. The court also ordered to deny without prejudice the guardian’s motion for an order in amending the father’s supplemental needs trust to authorize the trustee to provide for the educational support of the children.

Whenever a couple decides to live separately, their children suffer the most. If you seek your child’s sole custody, you can ask legal guidance from the Suffolk County Child Custody Lawyer or Suffolk County Guardianship Attorney. You can also have the representation of the Suffolk County Family Lawyer at Stephen Bilkis and Associates.

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