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New York Family Law Blog

What are my rights as a wife for divorce and child support hence I married in Cozumel Mexico?

Q: My husband and I both are citizens of the US and had gotten married in Cozumel, Mexico 6 years ago. But my husband doesn't want to get a marriage certificate here in the states. We haven't had relations for a year by his choice because of my religious beliefs and he is threating to leave me and our 11year old daughter because I have several documented illness and threatning to have sex with other women because of my religious beliefs! He has "lost his wedding ring" and he doesn't support us financially other than half the rent and detergent for me to wash clothing. What are my rights please?

Why does the amended IWO show the same amount as the original IWO?

Q: I keep receiving amended iwo letters from the child support agency, but the withholding amount in the letter is the same as the current charge from my paycheck. I get charged 119$ a week for childsupport from my paycheck and the amended IWO shows the same amount to be charged. Why send an amended IWO if the amount is the same?

How can I get an illegal alien to pay for child support ?

Q: I recently filed for child support , the problem is he pays child support when he wants to , when I went to court they gave him the amount he has to paid weekly to our son, the problem is he doesn't pay he actually owns our son about 2,000$ . Hes illegal in the united states and at this point I really dont know what my next step should be ?

What measures to take to safeguard Marital Assets (Married for 30 years)?

Q: I do not want divorce, want to live separately. We do have marital assets(houses, 401k, stock options, retirement), all acquired during marriage). Husband in late sixties still high wage earner, I am early sixty (low wage, part time). Can I apply for spousal support while living separately. Do not want my husband to make changes in his will or reallocation of assets. Please give me few ideas before recommending to speak to a matrimonial Lawyer. 

What legal rights do I have with my son's father if we are unmarried and no longer cohabiting?

Q: My son & I left his fathers home when my son was about 2 weeks old due to the verbal & emotional abuse my ex was inflicting upon me. Fast forward to today, where our son is almost 6 months old & there have been plenty of arguments, more abusive (not physical) behavior, & he went an entire month w/o reaching out to check on our son. He did send his portion of the daycare tuition via paypal during that month we didn't hear from him and I have no desire to take him to court for child support. He expressed to me twice that he never wanted another child (he already has a 5 yr old w/ a volatile ex) after the child was already born. He gave me a hard time at the hospital and refused to sign the birth certificate until a DNA test was performed. We were together for 3 yrs at this point. DNA test was performed, paternity confirmed & he is now on the birth certificate as the father. At this point because of the verbal, emotional & mental abuse, I do not feel comfortable at all having him around my son without my supervision. He says he has a right to take him if he wants to but I need to know what my legal rights as his mother and primary caregiver. What can or cannot i legally do or allow?

Is switching an attorney in the middle of a divorce very expensive?

Q: I have hired an attorney through a referral service who has reasonable rates and retainer. I do not have any personal recommendations for him? I am hoping it will all work out well, but in case it does not? What are my options?A: David's Answer: On the one hand, you'll need to pay the new incoming attorney to "get up to speed" by reviewing the prior legal file. On the other hand, you need to ask yourself: what's the price of sticking with an inferior attorney & losing your trial? Could you end up losing custody of your children? And if so, what price tag do you put on that? What's the best/worst-case scenario on payment of child/spousal support? Often times, when calculated out over several years, one is talking many, many ten's of thousands, if not hundreds of thousands, of dollars. Having a good, well-experienced attorney representing you is often far better given what you stand to lose. Schedule a consult with a Westchester Divorce attorney for a full assessment.

?what does it mean when the attorney says they accept the decision with prejudice

Q: Family court threw out my exs request to lower support - and reinstated full support which he had stopped- his attorney sent me a letter saying they accept the decision with prejudice as no hearing was held- I am confused as to what this means

Can I travel or move to a different state without consent ?

Q: My son is 5 his father isn't on the birth certificate we did go to court judge claim him as the father no modification of the birth certificate and no custody was spoken of I'm planning a vacation and moveing to a different state what should I do

Is there case law for a divorced parent who can't escape the college obligation due to estrangement resulting from abuse?

Q: Our 18 year old daughter is about to go to college, and my ex doesn't want to split the college expense. In our divorce agreement it states that child support should not represent a credit toward the college obligation. (My spouse had custody then but not now.) The complicating factor is that our daughter has been abused by my ex -- involving police called by neighbors, supporting orders of protection -- both temporary and full, witnesses to older sister being physically abused, etc. In the OTSC my ex just submitted pro se, many 'reasons' are included: inability to afford it, prior lawyer gave bad advice, etc. But the only one I'm concerned about is estrangement. There must be some sort of precedent where estrangement is attempted but denied due to abuse.

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