James C. was convicted in 2007 of patronizing under age prostitutes. As a result of this conviction, a Dutchess County Social Worker and Family Court Judge had him removed from his home in Poughkipsee for a period of three years. James, he spent a year in jail. After spending a year in jail he plead guilty in New York County to second degree … [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...]
Downward Modifications of Child Support Denied
On February 17th, Justice Maron, sitting in the Supreme Court of Nassau County, rendered a decision in the case of S. S. v. M.S, denying the defendant husband a downward modification of his child support and spousal maintenance payments. The husband's application to the court indicated that his income had been greatly reduced. He stated his income … [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...]
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...]
President Obama Focuses on Women’s Rights Issues
President Obama has recently spoken with regard to women’s rights issues. Women today are more likely to graduate from college than men. Statistics show that they still earn less money, on average, than men. Studies also show that the financial circumstances of women are generally not up to the same standards as that of men. The President … [Read more...]
Bankruptcy, Foreclosure and Divorce
If one of the parties to a divorce action files for divorce, can he or she later file bankruptcy during the course of the divorce? The answer to this question is yes. Now let's change the circumstances a bit. A husband and wife are involved in a divorce and during the course of the divorce, the husband is ordered by the court to make mortgage … [Read more...]
Orders of Protection
When one party to a relationship appears in the Family Court and requests an order of protection, there is a tendency for judges to grant these requests. The initial order of protection, given on an ex parte basis (without the other party having his or her day in court), is called a temporary order of protection. Unfortunately for the fathers, a … [Read more...]
Family Court Restrained From Holding Husband in Contempt for Non-payment of Spousal Maintenance
Mr. and Mrs. Vandyke were married for thirty-five years. The marriage ended in 2007. Mr. Vandyke was supposed to pay his wife $400.00 in spousal maintenance (alimony) per week until she reached the age of sixty-two. Mr. Vandyke failed to make his spousal maintenance payments. A hearing was held before Supreme Magistrate Rika Murray in the Family … [Read more...]
Neighborhood Change Insufficient to Modify Child Custody Terms
Lawrence C. and Antheap met based on an advertisement placed on a website for a partner to conceive a child through artificial insemination. When the parties met, it was agreed that Antheap would be artificially inseminated and Lawrence C. would play a role in the parenting of the perspective child. In June of 2008, twins were born. A custody … [Read more...]
