New York Family Law Blog

Published on: August 7, 2025

Mother’s Child Support Agreement Vacated Due to Mutual Mistake. Matter of Michelle B. v. Thomas Y., 2022 NY Slip Op 50020(U)

by Stephen Bilkis

In the case Matter of Michelle B. v. Thomas Y., 2022 NY Slip Op 50020(U), the Family Court of Kings County reviewed objections filed by a mother challenging a Support Magistrate’s refusal to vacate an agreement she had made during a child support enforcement proceeding. The issue involved a stipulation in which the mother agreed to accept a future pension payment in exchange for waiving more than $140,000 in child support arrears.

Background Facts

Michelle B. and Thomas Y. are the parents of a child born out of wedlock in 1992. In 2011, a support order was issued directing the father to pay child support through the Support Collection Unit (SCU). The father was previously found in willful violation of the order and served a six-month jail sentence in 2019. At that time, arrears were converted into a judgment and the father began paying $23 bi-weekly under a SCU payment plan.

Published on: August 7, 2025

Subpoena Challenge Dismissed as Moot After Child Support Case Ends. Matter of Abidi v. Antohi, 58 A.D.3d 726 (2d Dep’t 2009)

by Stephen Bilkis

In a child support case, business records may need to be produced to determine a parent’s true income, especially if they are self-employed or own a business. Unlike regular wage earners, business owners may have control over how income is reported. Financial statements, tax returns, and expense records can help the court assess actual earnings and verify whether income is being hidden or underreported. Accurate income information is necessary to calculate a fair support amount. Records from a spouse or partner’s business may also be relevant if household expenses are being shared or subsidized by that income.

In Matter of Abidi v. Antohi, the Appellate Division, Second Department, considered whether a nonparty husband could appeal a Family Court order compelling him to produce business records in a child support proceeding involving his wife and her former partner.

Background Facts

Published on: August 7, 2025

Support Violation Order Vacated Due to Lack of Jurisdiction. Matter of Pudvah v. Pudvah, 172 A.D.3d 1475 (3d Dep’t 2019)

by Stephen Bilkis

In Matter of Pudvah v. Pudvah, the Appellate Division, Third Department, addressed whether a family court in New York had the legal authority to confirm a support violation order that was never initiated by a proper petition. The court found that, without a formal violation petition filed under Family Court Act § 453, the lower court lacked subject matter jurisdiction. As a result, the support violation order against the father was vacated.

Background Facts

The mother and father divorced in Florida in 2014. As part of the divorce judgment, the father was required to pay $84 per month in child support. The father later moved to New York. In 2016, the Florida child support agency requested that the New York Family Court register the support order for enforcement purposes under the Uniform Interstate Family Support Act (UIFSA). The Support Magistrate in New York registered the order in November 2016 and determined that the father owed arrears.

Published on: August 6, 2025

Father’s Custody Modification Petition Revived After Relocation Dispute. Matter of Shayne FF. v. Julie GG., 2023 N.Y. Slip Op. 05767

by Stephen Bilkis

In Matter of Shayne FF. v. Julie GG., the Appellate Division, Third Department, reviewed a Family Court order that dismissed a father’s petitions to modify an existing custody and visitation arrangement. The case raised issues about what a parent must prove to change a prior custody order, how the court should evaluate alleged changes in a child’s needs over time, and the importance of considering transportation arrangements and holiday parenting time when circumstances shift. It also examined how a court should interpret relocation clauses in prior orders and the correct legal standard for deciding a motion to dismiss at the close of a petitioner’s case.

Background Facts
The parents had one child, born in 2009. In 2012, they entered a consent order granting the mother sole legal custody and the father parenting time every other weekend, along with holiday time “as agreed between the parties.” The order prohibited the mother from moving more than 50 miles from her then-current home without the father’s consent or a court order.

In May 2020, the father filed a petition to modify custody, alleging that the mother had moved to another county in violation of the order and that her move increased the travel time for exchanges. He also claimed she had not agreed to holiday parenting time. The mother sought dismissal, and the father later filed an amended petition in March 2021.

Published on: August 4, 2025

Father Granted Permission to Relocate with Children to South Carolina. Matter of Scotto v. Alexander, 2024 N.Y. Slip Op. 05348

by Stephen Bilkis

In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case addressed the legal standard for relocation, the factors courts must consider when a custodial parent seeks to move with children, and how the evidence presented can affect the court’s determination. It also involved questions about the economic, educational, and family support implications of relocation, as well as how parental access schedules can be adapted to maintain the noncustodial parent’s relationship with the children.

Background Facts
The parents, who were never married, had two children, born in 2012 and 2016. In April 2017, they entered into a so-ordered stipulation of settlement that gave the father sole legal and residential custody of the children. The stipulation provided the mother with supervised parental access.

The father and children lived in a home in New York that belonged to the father’s grandmother. In November 2021, the father filed a petition to modify the 2017 stipulation to allow him to relocate with the children to South Carolina. He testified that he could no longer continue renting his grandmother’s house and that the mother contributed only $25 per month in child support for both children.

Published on: August 2, 2025

Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

by Stephen Bilkis

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule.

Background Facts

S.S. and M.S. are the parents of four children born in 2013, 2015, 2017, and 2021. Starting in December 2021, the parties engaged in extensive litigation involving custody, visitation, and family offense petitions. A temporary order of protection was initially issued in favor of the father and the children. This was later modified to allow the mother parenting time.

Published on: July 9, 2025

Custody Modification Awarding Father Primary Physical Custody. Matter of Andrea II. v. Joseph HH., 2022 NY Slip Op 01492

by Stephen Bilkis

The case of Matter of Andrea II. v. Joseph HH. involved two custody modification petitions filed by both parents of a child born in 2014. The matter required the court to decide whether there had been a change in circumstances since a prior custody order, and if so, what custodial arrangement would serve the child’s best interests. Both parents had a history of substance abuse, and the court evaluated each parent’s current circumstances, their ability to provide stability, and the child’s needs before deciding primary physical custody.

Background Facts
In June 2018, the parties entered a consent order granting joint legal custody to both parents. The child’s paternal grandparents had primary physical custody. The mother had supervised parenting time every other week, supervised by the maternal grandmother. The father’s parenting time was supervised by the paternal grandfather as agreed between them.

In October 2019, the mother sought to modify the order to grant her sole custody with supervised visitation to the father. In February 2020, the father filed a petition seeking full custody, citing his sobriety and stable home. The mother amended her petition, alleging changes in circumstances, including the loss of her alternate week visitation after the child began school in Binghamton near the paternal grandparents’ home.

Published on: May 14, 2025

Mother Found in Contempt for Withholding Children from Court-Ordered Visitation. Matter of S.S. v. M.S., 2022 NY Slip Op 51090(U)

by Stephen Bilkis

Failing to allow visitation in accordance with a court order can lead to serious legal consequences. The court may find the violating parent in civil contempt, which can result in penalties such as makeup parenting time, fines, or even jail time. Continued noncompliance may also affect custody arrangements, with the court potentially modifying custody in favor of the other parent. Violating visitation orders can harm the parent-child relationship and is viewed as interfering with the child’s best interests. Courts expect both parents to follow all custody and visitation orders unless a judge has approved a modification or suspension through proper legal channels.

In Matter of S.S. v. M.S., the Family Court of New York County addressed a dispute over compliance with court-ordered parenting time. The father, M.S., filed a motion seeking a finding of civil contempt against the mother, S.S., for failing to follow a visitation schedule.

Background Facts

Published on: May 1, 2025

Stephen Bilkis & Associates, PLLC

by Stephen Bilkis

Since Stephen Bilkis founded Stephen Bilkis & Associates, PLLC in 1997, we have been recognized by both our clients and our peers for our outstanding achievements, exceptional results, and our personal, client-focused approach. With offices across New York, we represent clients in all areas of family law. Over nearly three decades, our firm has built a reputation as one of the top legal teams in the state, and many clients consider us the best New York law firm for achieving outstanding results through strategic, aggressive, and compassionate advocacy.

We handle all aspects of family law, from divorce and custody disputes to relocation and high-asset complex divorce proceedings. Our firm has represented clients in high-profile matters, including a case against a very well-known celebrity where we secured $10,000 per month for educational expenses in addition to child support for our client. As experienced New York family lawyers, we also represent clients in matters involving spousal support, visitation, allegations of abuse or neglect, grandparents’ rights, fathers’ rights, and guardianship.

Child Custody
We represent parents seeking both physical and legal custody of their children. Whether you are negotiating a parenting plan or litigating a contested custody dispute, our family lawyers serving New York will advocate for your rights and your child’s best interests.

Published on: April 21, 2025

Court Rejected Visitation Evaluation Request After Child Abuse Allegation. Matter of Z.V. (J.V.), 2025 NY Slip Op 50100(U)

by Stephen Bilkis

In New York, corporal punishment by a parent is not automatically considered abuse or neglect. The law allows for reasonable physical discipline, but when the actions of a parent result in physical injury or pose a risk to a child’s physical or mental health, they may cross the line into neglect. In Matter of Z.V. (J.V.), the Family Court considered whether a father accused of physically harming his daughter should be allowed court-ordered visitation with her. The court also addressed whether an outside evaluator should assess the possibility of visits. This case highlighted how visitation decisions in neglect proceedings focus on the child’s safety and well-being.

Background Facts

On May 31, 2024, the Administration for Children’s Services (ACS) filed a neglect petition under Article 10 of the Family Court Act. The petition was filed on behalf of 12-year-old Z.V. against her father, J.V. According to ACS, on May 22, 2024, the father entered the bathroom where the child was and told her to “square up.” He took her laptop and provoked her to retrieve it. During the confrontation, he allegedly placed the child in a chokehold and wrestled her to the floor. The child reported that she struggled to breathe and felt like she was about to die.