Louis Simonetti & Associates

Friday, May 30, 2014

Parent With Alcohol Problems and Child Custody

Long Island’s Best Divorce Lawyer said this appeal involves a custody arrangement modification for the youngest of the parties’ three children. The original custody arrangement provided for joint custody of the subject child with equal parenting time. However, several incidents involving the child’s mother resulted in the father bringing the underlying petition for modification.

The custody arrangement was made in December 2011. In October 2011, the mother was arrested for driving while intoxicated as she was fleeing a physical altercation with her boyfriend. The child was not with her at the time. Two months following this incident the mother, while working for a cleaning service, became severely intoxicated and fell down a set of stairs. The child had accompanied the mother on this day and, took away the car keys from the mother and called the father for help. Law enforcement personnel subsequently arrived and as a result the mother was charged with “endangering the welfare of a child.” A Nassau County Child Custody Lawyer indicated reports were filed by child protective services against the mother for inadequate guardianship for each incident. The father’s petition for modification followed.

The Supreme Court ultimately dismissed the father’s petition, “finding that he failed to demonstrate a sufficient change in circumstances to warrant modification of the agreed-upon custody arrangement.” A Suffolk County Child Custody Lawyer said the Appellate Division reversed. Despite the father knowing of the mother’s issues with alcohol at the time he agreed to share custody, the evidence of the mother’s escalating problems with alcohol, along with her subsequent alcohol-related incidents “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests.” The case was remitted to the Supreme Court for such determination.

Personal issues may affect a parent’s ability to properly care for their child following a custody arrangement being made. Seek out the advice of the experienced attorneys at Simonetti & Associates to know your rights.

We have been voted Best Divorce Lawyer in Nassau County and Best Divorce Lawyer in Suffolk County by the Best of Long Island Program. Thank you to the readers of the Long Island Press and our fans for helping us reach this status as the Best Divorce Attorney on Long Island two years in a row.

Are you thinking about getting a divorce? Call us today for a free consultation (877) 385-2560

Thursday, May 22, 2014

Child Exclusively with One Parent and Modification of Child Support

Long Island Best Divorce Lawyer said this appeal was the result of an upward modification of a child support order. Appellant father appealed an order of the Family Court, Suffolk County which denied his objections to an order granting Respondent mother’s petition for an upward modification of father’s child support obligation.

In order for a modification of a parent’s child support obligation the petitioner must show a “substantial change in circumstances sufficient to warrant the modification of the [parent’s] child support obligation.” A Nassau County Child Custody Lawyer said the Appellate Division agreed with the Family Court’s determination. Facts showed that the father’s visitation subsequently ceased, which resulted in the mother’s child related expenses increasing dramatically due to the child living exclusively with her. This constituted a substantial change which warranted modification.

Fulfilling one’s child support obligations is important. However, sometimes life events warrant these obligations to be adjusted. Seek out the legal advice of the experienced Divorce Attorneys at Simonetti & Associates.

Wednesday, May 14, 2014

Parent is Hostile

Long Island’s Best Divorce Lawyer said this appeal stems from an order of the Family Court granting petitioner’s (hereafter father) petition for modification of a child custody arrangement. The Family Court modified the existing child custody arrangement and granted the father primary physical custody of the parent’s two sons.
Father brought the petition as a result of the mother failing to inform father “immediately when the older son was diagnosed with cancer in October 2011, did not advise father that surgery was required until after surgery had occurred, and also refused to sign authorizations which would permit the father to speak with the son’s doctor until the father commenced a court proceeding to compel her to do so.” A Nassau County Divorce Lawyer said the father also testified that the mother would limit the sons’ ability to communicate with him on the internet, listen in on their telephone conversations, and would be inflexible whenever the sons’ scheduled activities interfered with visitation time.
The Family Court did recognize that both parties are loving parents well attentive to the sons’ medical and educational needs, and the Court credited the mother with her success as the sons’ primary caretaker since 2003. However, Long Island’s Best Divorce Lawyer described how the mother’s hostility towards the father resulted in the Court’s decision. She ultimately “alienated the sons from her as well as interfered with her relationship with [the father].” The Court deemed her conduct “so inconsistent with the best interests of the [sons] as to, per se, raise a strong probability that [the mother] is unfit to act as custodial parent.”
Child custody arrangements can be modified. Seek out the advice of the experienced family law attorneys at Simonetti & Associates to discuss your rights.

Are you thinking about getting a divorce? Call us today for a free consultation (877) 385-2560

Tuesday, May 6, 2014

Child Support Modification for Loss of Employment

A Nassau County Divorce Lawyer said this appeal concerns the dismissal of a father’s petition for a downward modification of his child support obligation and the lower court’s determination that he willfully violated an order of child support.

A court may modify a child support order when the party seeking the modification can show a substantial change in circumstances. Such a circumstance can be the loss of employment. However, a Suffolk County Divorce Lawyer said the termination of employment must through no fault of his or her own, and that he or she has made “diligent attempts to secure employment commensurate with his or her education, ability, and experience.”

A Nassau County Child Support Attorney said the Appellate Division agreed with the Family Court’s determination. The father’s credibility of the father’s testimony was in question. He “failed to adduce sufficient credible evidence” to show that he lost his employment without fault of his own and “that he diligently sought re-employment commensurate with his earning capacity.” Therefore, the father was not entitled to a downward modification of his child support obligations.

Understanding one’s child support obligations leading up to and following a divorce can be difficult at times. If you are contemplating divorce and have children seek the advice of the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates.

Tuesday, April 22, 2014

Child Support Calculation Pursuant to Statute

Long Island's Best Divorce Lawyer said a father appealed an order of the Family Court, Queens County which calculated the combined parental adjusted gross income to be $215,818.43 for child support purposes. The father claims that the Support Magistrate was in error of awarding child support based on the parties’ combined parental income as it was in excess of the $130,000 income cap under Family Court Act § 413(1)(f) [The current parental income cap has since been raised to $141,000]. Prior to the order, the father was voluntarily paying the mother $500 biweekly in child support. The mother petitioned for child support and the underlying action was the result.

At the time the order was issued the statutory cap under Family Court Act § 413(1)(f) was $130,000. However, when the combined parental income exceeds $130,000 the court is to determine “the amount of child support for the combined parental income in excess of $130,000 through consideration of the factors set forth in Family Court Act § 413(1)(f) and/or the child support percentage.” Such factors include, among others: (1) The financial resources of the custodial and non-custodial parent, and those of the child; (2) The physical and emotional health of the child and his/her special needs and aptitudes; (3) The standard of living the child would have enjoyed had the marriage or household not been dissolved; (4) The tax consequences to the parties; (5) The non-monetary contributions that the parents will make toward the care and well-being of the child. Generally, the test is whether “the child is receiving enough to meet his/her actual needs and the amount required…to live an appropriate lifestyle.”

A Long Island Family Law Attorney said the Appellate Division stated that the record indicated the child enjoyed a “middle-class lifestyle with extracurricular activities,” “attended private school,” as well as summer camp. Therefore, the Appellate Division affirmed the Support Magistrates determination.

Child support payments following a divorce, unless otherwise agreed upon, are governed by statute in New York State. The calculation of what should be paid can be complicated. If you are contemplating divorce and child support might be contested seek out the advice of the experienced attorneys at Simonetti & Associates.

Father Awarded Sole Custody of Children as a Result of Modification - See more at: http://www.simlawgroup.com/blog/father-awarded-sole-custody-of-children-as-a-result-of-modification/#sthash.9qBY5dHt.dpuf

A Long Island Child Custody Lawyer said this appeal was the result of the Family Court’s modification of a child custody arrangement. The two children of this arrangement were 17 and six years of age. The original arrangement provided for joint legal custody of the The children, with physical custody to the mother and visitation to the father. The mother and father had separated in January 2010, however in May 2011 the mother had consented to a finding of neglect of both children. Thereafter, joint physical custody of the older child was ordered (each party having custody on alternating weeks) and joint legal custody of the children continued with physical custody of the younger child remaining with the mother, with visitation to the father.

The father filed modification petitions with the Family Court seeking sole custody of the children. Following a fact-finding hearing and a Lincoln hearing with the older child, the father’s modification was granted (he was awarded custody of the children, liberal visitation to the mother). This appeal followed. The standard for a modification of a custody arrangement is that there must be a “showing of a change of circumstances reflecting a real need for change in order to insure the continued best interest[s] of the child[ren].” The Appellate Court found that the father met his burden of showing a change of circumstances. The Family Court considered and the Appellate Court agreed that it was in the best interests of the children to be in the father’s custody.

The older child, a special needs student, had struggled in school while in the mother’s custody. He was described as a “behavioral problem, being aggressive at times, that he was frequently absent and that he consistently failed to complete his schoolwork and homework.” Pursuant to a temporary order, while the older child was living with the father, he was enrolled in a different school and his teachers testified that he had excelled (earning honor roll status). The younger child was enrolled in nursery school while in the father’s custody. The mother admits to not have even considered it. A Long Island Family Lawyer states that the Appellate Division discussed the mother’s mental health issues and her failure to seek treatment despite it being a condition of a prior order. As a result, the grant of custody of the children to the father was upheld.

If you have a case similar to these facts or wish to seek a modification of your current child custody arrangement, the experienced and winners of Long Island's Best Divorce Lawyers at Simonetti & Associates can help. Set up an appointment today.

Dealing with Divorce over 50

As the baby boomer generation ages, it expands its search for individuality and satisfaction into the senior years. This generational tendency, along with longer life spans, is leading to a boom in divorce over age 50 often termed gray divorce.

Earlier this year a study from Bowling Green University yielded interesting facts about divorce trends in the United State, including the following:

Between 1990 and 2010, the divorce rate for persons over age 50 doubled.
As of 2010, divorce happens to one out of four people over 50.
The divorce rate of remarriages is 2.5 percent higher than the divorce rate of first marriages.

For anyone in an unsatisfying marriage relationship, divorce should be considered an option. But for those in middle age or at retirement, the landscape of divorce is very different than for someone who is 20 or even 30.

Deciding to divorce at mid-life or older raises concerns, such as:

Divorce at an older age allows less time to rebuild retirement monies. A low-conflict, low-expense divorce preserves wealth needed by both parties to enjoy their golden years — apart.
Changes to lifestyle and monies available for retirement can be harsh on older people, leading to adjustment to a reduced quality of life and prolonging the time until retirement.
In addition to living longer, divorce decisions are fueled by the desire to pursue love, true companionship and intimacy, regardless of advanced years.

Divorce over 50 requires careful attention to your estate and personal vision of the future. If considering separation, speak to an experienced and winners of the Long Island's Best Divorce Lawyers in New York to manage becoming single — successfully.