Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn't anticipate was that she would be beaten up by her husband in the judge's chambers and end up with a broken nose and fractured jaw! Kathleen and her husband Paul … [Read more...]
What to do and What not to do If You’re Getting Divorced
Getting divorced is not fun. It can be one of the most stressful times in men and women's lives. Even in amicable situations, men and women tend to find themselves being stressed out. Divorce involves an emotional break up as well as a financial break up. Issues involving custody and visitation of children can be gut wrenching. There are things … [Read more...]
Child Support and College Expenses
The Child Support Standards Act provides a formula for child support payments. A non-residential custodial parent pays child support of 17% of gross wages, less FICA and less New York City taxes (where applicable), when there is one child receiving support. The figure goes up to 25% for two children, 29% for three children, 31% for four children … [Read more...]
Father Retires to Reduce Child Support Expenses
Justice Janowitz, sitting in the Supreme Court of Nassau County, recently dealt with a case involving a father who voluntarily retired, for the sole purpose of reducing his financial obligations for child support. In this case, the wife sued her husband based on cruel and inhuman treatment for a divorce. A stipulation was entered into dealing with … [Read more...]
New York Declines Jurisdiction in Custody Cases
A father brought a custody petition in New York State. The next day, the mother who resided in Texas brought a custody petition for the parties child in Texas. There was litigation to determine whether New York or Texas would be the appropriate jurisdiction to determine who receives custody of the child. The Parties Were Divorced In Michigan The … [Read more...]
Prenuptial Agreement In, Lawyer Out
Supreme Court Justice Daniel Palmari recently disqualified Jeffrey S. Stephens from representing Edward Scannapieco, pursuant to a New York ethics rule that bars an attorney from working as an advocate in a case when his presence may have a "significant issue effect." Justice Palmari found that attorney Stephens of Greenwich, Connecticut, had … [Read more...]
Interrogation of Child Abuse Victims
The United States Supreme Court recently had before them the case of Camreta v. Green, 131 S. Ct. 456 (2010). In this case, the issue presented was whether the Fourth Amendment to the United States Constitution requires government officials to obtain a search warrant or parental permission before they can interrogate a suspected child abuse victim. … [Read more...]
Father Charged with Sexual Abuse Exonerated
Judge Greenberg, sitting in the Family Court of Nassau County, rendered a decision on January 21, 2010, dismissing child abuse proceedings against a father. The petition against the father alleged that he had committed sexual offenses regarding his daughter Isabella. The charges alleged he would rub lotion on her, “slap her butt” and “whistle at … [Read more...]
Spousal Maintenance Award is Fair
Justice Janowitz, sitting in the Supreme Court located in Nassau County, New York, recently made a decision in the case of Jill G. vs. Jeffery G, 202923-10 (March 18th). The wife in this case claimed that the temporary, non-taxable maintenance payments she was receiving were inadequate. The wife was receiving $10,783 per month. This award was … [Read more...]
Juvenile Probation Assessment Tool Discriminates Against Boys
Judge Hunt, sitting in the Family Court of Queens County in November of 2010, rendered a decision in a case that criticized the Probation Assessment Tool. Judge Hunt stated that the Probation Assessment Tool, which was implemented in the year 2003, provided "unwarranted harsher treatment" for many males and "unwise and unjustified lenient treatment … [Read more...]
