New York Family Law Blog

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.

Published on: April 4, 2012

Court Rules on Child Support Problem

by Stephen Bilkis

In this case, Patricia Bryant is the respondent-appellant and James Bryant is the appellant respondent.

History

Mr. and Mrs. Bryant were originally married in 1976. Their two children were born 1981 and 1983. The initial separation between the couple took place in 1994, with an understanding between the two of them that Mrs. Bryant would have physical custody of the children, although they would share custody. The following year, Mr. Bryant was ordered to pay $116 each week in child support.

Published on: April 4, 2012

Court Decides the Legal Liability of Step Parents

by Stephen Bilkis

Helen Alexander is the petitioner in this case. The respondent is Lyle Alexander.

History

Helen Alexander married Lyle Alexander on March 17th of 1989. The couple separated in the last quarter of the following year. Helen Alexander and her child from a previous marriage are both social service recipients.

Published on: March 22, 2012

Politician John Edwards battling Paternity

by Stephen Bilkis

Politician Edwards has yet to admit that he is the father of a “love child” between him and a former aide. Documents state that he is indeed the father. It has been reported that there is an ongoing battle dealing with money between Rielle hunter, the mother and Edwards. The baby is 22-month old Frances Quinn Hunter. Hunter wants more than $17,000 a month in support for expenses such as eating out, club dues and memberships, security guards, and for haircuts and for home rental expenses.

In New York State family court issues such as Paternity, Custody and Child Support can become very difficult issues. When trying to obtain one the other comes into question, therefore, its best to have an experienced New York Custody Lawyer who can help you prepare the best case possible in order to meet your needs.

Here at Stephen Bilkis and Associates we have a skilled legal team on standby ready to help you with your case.

Published on: March 21, 2012

Underage Drinking Destroys Young Lives

by Stephen Bilkis

The problem of underage drinking is a significant one in our country, tells a New York Criminal Lawyer. More and more teens are drinking at a younger age than ever before, despite aggressive campaigns to attempt to deter such risky behavior. As a result, families are being destroyed, lives are being lost and unhealthy habits are being facilitated that could affect these young peoples lives in more ways than one. A report last week that teens are drinking beginning as young as age 13. By the time they are 16, the majority of young people have tried alcohol, and some have not only tried it, but have made it their primary source of entertainment and socializing. Of course not only does this sad fact affect the health and emotional stability of these children, but it has other downfalls. Among them, the devastation to the family unit that is caused by the change in the young persons behavior once they have picked up the habit of drinking alcohol.   

When these teens get behind the wheel of a vehicle, it significantly increases the likelihood that they will have an accident. Lack of driving experience combined with the altered perceptions associated with drinking are a recipe for disaster, with the best case scenario being minor property damage caused in a fender bender. The worst case scenario, however, is much more grim.   Alcohol related deaths are at an all time high.

A Bronx Family Lawyer said that alcohol is a drug that does not discriminate. Abusing this substance destroys lives, not limited to the person doing the drinking. When alcohol related accidents happen, people die. Families are torn apart. And for what? For a joyride at midnight? For a race to make it home by curfew? Parents need to be watchful of their children’s behavior. Know the signs of drinking. Talk to your teens about drinking. Opening the lines of communication and setting a good example can go a long way towards keeping your family from experiencing tragedy.  When the family unit changes due to divorce or custody issues, confusion and sadness can result. Call Stephen Bilkis today for a consultation.

Published on: March 20, 2012

Divorce from Spielberg Made Amy Very Wealthy

by Stephen Bilkis

Although Steven Spielberg did not become a pauper overnight, he took a big hit financially when he was divorced from Amy Irving. It cost him $100 million. This was about half of what he was worth at the time. Irving, of course, had a lawyer who was very competent like a good New York Custody Lawyer.

Spielberg and Irving met when she was auditioned for the hit movie Close Encounters. They were married for four years before they separated and divorced.

A skilled attorney can be of great help to you if you’re facing a divorce. A knowledgeable lawyer can aid you with decisions and outcomes involving child custody and visitation as well as the amount of support that you will be paying of receiving. No need for a protection order if there is no child abuse or child neglect.