New York Family Law Blog

Published on: April 10, 2012

Defendan Claims Court Lacks Subject Matter Jurisdiction

by Stephen Bilkis

The petitioner of the case is the father and the respondent in the case is the Department of Children and Families. The lawyer for the petitioner is Kathleen K. Pena from the Law Office of Kathleen K. Pena. The lawyers for the respondent are Charles J. Crist, Jr., The Attorney General, and Lori R. Shapiro, the Assistant Attorney General of Fort Lauderdale, Florida. The judge for the case is J. Klein.

Petitioner’s Case

The petitioner in this particular case is seeking a petition for writ of prohibition for one of his children, T.S. He states that the state of Florida does not have jurisdiction over the subject matter of T.S., his child. The petitioner states that he should be granted the petition based on the Uniform Custody Jurisdiction Act, section 61.514 in the Florida Statutes. He states that as the child, T.S. was not born while they resided in Florida, the state does not have proper jurisdiction to handle this particular case.

Published on: April 9, 2012

Court Reviews Child Support Based on CSSA Guidelines

by Stephen Bilkis

In this case, Ronald A. Usenza and Maura G. Gannon were both respondents and petitioners, while Maura G. Gannon was named only as a respondent.

The father objected to the Findings of Fact and order which occurred after a reversal and remand was issued by the Appellate Division. Now, the Support Magistrate must once again take up the issue and make a ruling on the child support issues based only on information presented in the original petitions from the year 2000, as everything submitted after that point is invalid and must not be taken into account.

History

Published on: April 8, 2012

Sexual Assault Allegations Affect Child Support Ruling

by Stephen Bilkis

Frances W. is the petitioner and Steven M. is the respondent.

The Issue

The petitioner sought an order of child support against the respondent which was subsequently denied after a hearing.

Published on: April 8, 2012

Court Hears Child Support Case

by Stephen Bilkis

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.

Published on: April 7, 2012

Court Reviews Modification of Child Support

by Stephen Bilkis

The petitioners in this case are Gabriel T. Russo, the Monroe County Department of Social Services and the New York State Department of Social Services. Leonard Rizzo is the respondent.

Motions

The respondent moves to dismiss the petition.

Published on: April 7, 2012

Court Reviews Request to Modify Child Support

by Stephen Bilkis

In this case, Nina Luca was the plaintiff and Dominick Luca the defendant.

History

Dominick Luca originally requested a lowering of his ordered child support payments. His circumstances have allegedly changed which requires a reassessment based on the CSSA regulations. He also requested a modification or dismissal of an agreement regarding the dispersal of property. He also requested that a divorce judgment be set aside based on the modification of the property agreement. Finally, he required that he was paid by the plaintiff in the amount of $101,687 based on the terms of the agreement regarding the sale of their former home.

Published on: April 6, 2012

Court Hears Reverse Paternity Proceeding

by Stephen Bilkis

In this case, Matthew G. Czajak is the petitioner and Donna A. Vavonese is the respondent.

The Background

The Family Court Act provides jurisdiction over paternity to Family Court only when determining issues of support. The Family Court does not have the authority to ascertain status except when involved in adoption proceedings. A New York Custody Lawyer said that a father looking to establish paternity when the child is being supported by the mother’s ex-husband cannot be determined here due to the court’s lack of jurisdiction.

Published on: April 6, 2012

Can a Healthcare Provider Bring Action Under Medicaid Act

by Stephen Bilkis

The petitioners in this case are L. Douglas Wilder and the Governor of Virginia et all. The respondent in the case is the Virginia Hospital Association.

Background Information

In order for a medical services provider such as a hospital to qualify for federal assistance in paying for medical care provided to the needy, the State must submit a plan to the Secretary of Health and Human Services. Once approved, this plan will establish a scheme for the reimbursement of health care providers. The Boren Amendment was passed by Congress in 1980 and this requires the reimbursements to the provider at rates that are set by the state. These rates must be adequate and meet the cost to provide efficient care at the facilities.

Published on: April 5, 2012

Plaintiff Brings Case for Modification of Child Support

by Stephen Bilkis

In this case, the petitioner is Petra A. Mac Fadden, and the respondent is Peter R. Martini.

Case Details

The petitioner would like a modification to an original divorce judgment. The original judgment required that $100 in child support was paid every month by the respondent to support the couple’s daughter up until her eighteenth birthday.

Published on: April 5, 2012

Court Rules on Shared Custody Arrangement

by Stephen Bilkis

In this case, Michael Bast is the appellant, while Shelley R. Rossoff is the respondent.

History

A New York Family Lawyer explained that this appeal required consideration of child support payments in a situation where both parents retain custody of the child. The Child Support Standards act needs to be applied, and it is best that the assessment be made as it would in any other case. Because the other levels of the court system did not follow the formula laid out in the CSSA however, a modification is required to remit to recalculate child support requirements.