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Caselaw Update

APRIL 13, 2022 DECISIONS

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Matter of Fitzsimmons v. Fitzsimmons, 2019-07672 The Family Court determined that it was in the best interests of the children for the mother to have sole residential custody.  However, the attorneys for the children, in their briefs submitted to the Second Department, have brought new allegations since the order under…

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APRIL 6, 2022 DECISIONS

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Matter of Salim v. Freeman, 2021-05278 The mother moved to dismiss the father’s petition for child support on the ground that the Family Court lacked jurisdiction because there was a prior child support order that had been issued by a court in Virginia.  The Support Magistrate granted the mother’s motion,…

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MARCH 30, 2022 DECISIONS

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Matter of Walker v. Sterkowicz-Walker, 2020-04894 The Family Court’s determination to grant the father’s petition to modify a prior order so as to award him sole legal and residential custody of the child has a sound and substantial basis in the record, including evidence that the mother subjected the child…

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MARCH 23, 2022 DECISIONS

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Matter of Bailey v. Ayoub, 2021-00238 The parties are the parents of a child together.  In a 2018 order, the parties were awarded joint legal custody, the mother was awarded physical custody, and the father was awarded parental access.  On May 1, 2020, the father petitioned to modify the 2018…

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MARCH 16, 2022 DECISIONS

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Yinuo Yin v. Xiao Feng Qiao, 2021-00733 The lower court properly denied that branch of the plaintiff’s motion which was for an award of pendente lite maintenance, without prejudice, since she failed to attach a statement of net worth to her motion papers (see 22 NYCRR 202.16[k][2]; Barton v. Barton,…

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MARCH 9, 2022 DECISIONS

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Fisch v. Davidson, 2021-00155 The Second Department reversed the Order of the Suffolk County Supreme Court which denied the defendant’s motion for change of venue of the divorce action from Suffolk County to New York County.  Suffolk County was not a proper venue based on the parties’ residence. The defendant…

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MARCH 2, 2022 DECISIONS

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Matter of Nizen v. Jacobellis, 2021-06576 The Family Court properly denied the father’s objections to an order of a support magistrate on the ground of improper service.  The father did not claim or bring forward evidence that he attempted to serve his objections upon the mother by any other means…

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FEBRUARY 23, 2022 DECISIONS

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Matter of Petrushka v. Abizadeh, 2021-04373 The Family Court properly denied the father’s objections to the Support Magistrate’s order dated February 21, 2020, which granted the mother’s petition for a downward modification of her child support obligation.  Contrary to the father’s argument, the record supported the Support Magistrate’s determination that…

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FEBRUARY 16, 2022 DECISIONS

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Matter of Sylvester v. Goffe, 2020-07276 The parties have one child together, who was born in 2015.  Pursuant to an order, the father was directed, among other things, to pay $100 weekly in basic child support.  In August 2019, the mother filed a petition, alleging that the father was in…

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FEBRUARY 9, 2022 DECISIONS

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Matter of LaPeta v. Restivo, 2021-03206 Here, the parties share one child.  In November 2020, the father petitioned to modify the parties’ parental access arrangement, as set forth in a January 7, 2020 order entered on consent.  Under the January 2020 order, the parties were awarded joint legal custody, with…

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