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December 2015 Archives

Can my father marry someone?

Q: Hello, my question is for my father who separated more than 10 years ago after married about 8 years with my Mom. He tried to divorce couple of times but failed at first couple of years of separation. They left each other and no more contact for many years.

Which NY county has the fastest processing time?

Q: Which county in NY has the fastest processing times for divorce? Simple no fault divorce. unlikely to be contested. No kids or property to divide.
A: David's Answer: Most NYC counties have the same approximate processing time, give to take about 1-2 months. That said, if you file in a county where neither of you reside or own property, you take the risk that the Judge will seek to transfer the case to the correct venue. Why take that risk? Call a NYC Divorce attorney to schedule a consult for a full assessment. -- David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

How do I ensure that my spouse can't claim to have any rights to the house I'm b or its equity during filing and actual divorce?

Q: I'm married with kids but seperated. She has sole custody and sending me through the ringer in family court. I want to buy a house but don't want my spouse to have any claims to the house or its assets now nor when the divorce is finalized.

What will happen legally with child support if ex-husband decides to take a leave of absence from his job.

Q: No child support because father has taken a leave of absence from his job. Without the child support i receive for our 2 children i will not be able to continue to pay the mortgage. Will the court have him continue payments. He has stated he will pay back whatever wasn't paid once he "regains his bearings" but i have no faith that promise will be kept.

What are the chances of a judge modifying a visitation order?

Q: I have a visitation order from NY. but I live on MA. Me and my son have been living here for over 2 years. The court ordered for me to drop my son off at NY every other weekend on Friday's and to pick him up on Sunday's about 1 1/2 years ago. My sons father is now taking me to court because I have not let him see our son. He would last weeks and months without texting or calling. And now we are going to court bc I violated the visitation order. But the thing is I work. He doesn't not provide any financial or any type of help whatsoever. I would like to modify the visitation and make him come pick him on fridays. And I can go get him on Sunday's. I need advice. I would also like to file for child support. I work on Friday's but I'm off on Sunday's. I can bring the schedule to show the judge. He does not work but has a car. What are the chances of the judge modifying the visitation order? Considering that I work and that MA is his home state since he has been living here most of his life? I will try to reason with the judge and make up the days for the visitations he has missed with his father. Please help!

What are the chances of a judge modifying a visitation order?

Q: I have a visitation order from NY. but I live on MA. Me and my son have been living here for over 2 years. The court ordered for me to drop my son off at NY every other weekend on Friday's and to pick him up on Sunday's about 1 1/2 years ago. My sons father is now taking me to court because I have not let him see our son. He would last weeks and months without texting or calling. And now we are going to court bc I violated the visitation order. But the thing is I work. He doesn't not provide any financial or any type of help whatsoever. I would like to modify the visitation and make him come pick him on fridays. And I can go get him on Sunday's. I need advice. I would also like to file for child support. I work on Friday's but I'm off on Sunday's. I can bring the schedule to show the judge. He does not work but has a car. What are the chances of the judge modifying the visitation order? Considering that I work and that MA is his home state since he has been living here most of his life? I will try to reason with the judge and make up the days for the visitations he has missed with his father. Please help!

Urgent: Can a wife re-locate children to a different state though no separation/divorce has occurred ?

Q: Wife appears to be given job offer to be head of an elementary school in PA. Family live in NY. She has made the ultimatum, if she gets the job, she has paying job, and school for the children to attend, plus she can live with her parents until ...whenever. Husband is not necessarily unemployed, but employed on commission only and had his own business, but lost significant dollars in it. He has not made/earned any income this year but has savings. He lost significant money the last 2.5 years. If she gets the job, school ends on Friday for the weekend, she will know by tomorrow night, and then she would take the children on break and not return them - could husband still demand the children return after the break even if she takes the job. Of note, young children really love both parents very much and so do the parents. The distance of re-location is 2.5-3 hrs away. Father said tonight he would get an order to stop her and she went ballistic on him - and said good luck - citing all of the above reasons, why at an hearing, the children's best interests would be with her - of course, this would lead to a divorce most definitely.

Can I challenge the post nuptial doc? Is it worth fighting to leave to court judgement on marital property division?

Q: We were married for 4 years and according to me the marriage is not irretrievable as it was phrased in the summons. We were married in India twice as per Hindu tradition and registered our marriages in India, in separate Indian states (Karnataka and Maharashtra).
We lived together for 1.5 years in NYC, happily married, with very minor issues due to family misunderstandings, Then I moved to Boston on job as I lost my job in NYC and needed a job to maintain a valid H1B status in USA. I also needed a green card that would help me stay in US with my husband. My husband's company was going to sponsor his green-card and hence I could get one for myself through him. When I moved to Boston, my husband wanted me to sign a post-nuptial document, without which he threatened to not do my green-card and send me back to India all alone and then divorce. He also promised that if I signed the document, he would consider having children together and not divorce me. Then he hired a lawyer for me and paid all lawyer expenses to make me sign the post-nuptial document. Now 2 years later, my husband, out of the blue, sends me a divorce notice, which is a shock to me. I would like to reconcile.

Can I challenge the post nuptial doc? Is it worth fighting to leave to court judgement on marital property division?

Q: We were married for 4 years and according to me the marriage is not irretrievable as it was phrased in the summons. We were married in India twice as per Hindu tradition and registered our marriages in India, in separate Indian states (Karnataka and Maharashtra).
We lived together for 1.5 years in NYC, happily married, with very minor issues due to family misunderstandings, Then I moved to Boston on job as I lost my job in NYC and needed a job to maintain a valid H1B status in USA. I also needed a green card that would help me stay in US with my husband. My husband's company was going to sponsor his green-card and hence I could get one for myself through him. When I moved to Boston, my husband wanted me to sign a post-nuptial document, without which he threatened to not do my green-card and send me back to India all alone and then divorce. He also promised that if I signed the document, he would consider having children together and not divorce me. Then he hired a lawyer for me and paid all lawyer expenses to make me sign the post-nuptial document. Now 2 years later, my husband, out of the blue, sends me a divorce notice, which is a shock to me. I would like to reconcile.

Can i check if my ex-husband get married someone before he divorced me?

Q: I was married with a guy who was asking for political asylum. Now he is married another woman. But he didnt divorce with me yet as far as i know. But i saw his marriage pictures in a social network. Can i put him in trouble for that? And can i find out if he get officially married with another lady ?

Warrant for arrest for not appearing in person.

Q: A Decision and Order was made by the Family Court in New York State. The purge amount was set at $15,000 or 6 months in jail. I had my confirmation hearing today, which was to be telephonically and my court appointed lawyer would be present. However, the judge asked my lawyer where I was & the lawyer stated she did not tell me to appear. The judge did not hear the confirmation hearing case instead issued a warrant for my arrest since I was not present. I do not reside in the state of NY and reside in TX. Will they come for me? What happens if I get pulled over in TX will I get arrested? What can I do since my lawyer did not tell me to be present? Isn't she suppose to advise me that I must be present? The judge never heard testimony for the Confirmation Hearing, just issued a warrant since I was not present and dismissed everyone. Can I object or file a motion that my lawyer did not advise me to be present? Do I need to turn myself in, in NY or can it be anywhere?

What can i do to stop this

Q: I need a affordable lawyer for child custody and divorce i am currently out on workmans comp and have been taking care of my children from day one my wife is threatningthreatningthreatingthreateningthreadingthreatenerbreathing me that she is going to take my children to another state and i should start giving her child support or else ill be a deadbeat father she is unstable and drinks alot i need help asap

Is There A Legalese Way To Describe Responding To A Combative Tone With The Same? In A Certification That Is.

Q: My attorney is making a motion to modify a consent order. My spouse's response to my certification contained several unrelated, damaging, and falsehood designed to make me look bad to the court. My reply tried to correct the lies, clarify the situation and also took every opportunity to inform the court of who they were dealing with.
Is there a legalese term for fighting fire with fire?

Is it necessary to file form UD-4? Or does the statement in the complaint suffice?

Q: I'm filing for uncontested divorce in New York. I have already filed UD-1a (summons) and UD-2 (verified complaint) and purchased an index number. The complaint includes the statement: "THIRD: The Plaintiff and the Defendant were married on xxx in New York, New York County, NY.

My daughter would like to go into a sober living home due to her struggles and wants her son to remain with me. Possible?

Q: My daughter and grandson has lived with me all their life. There is joint custody with physical custody with my daughter. The court has known of my daughters battle with drug addiction from the start. The father of my grandchild has visitation every other weekend and two evenings per week although he only sees him every other weekend by his choice. Also, I, the grandparent have a legal visitation of every other Saturday as it stands right now.

Is it true she has no rights? If he tries to argue for custody, how does it all work?

Q: My Sister (a British Citizen) has lived in New York for the last 5 years, on a worrking visa. She married an American Citizen in September 2014, and had a baby in December 2014. The marraige has now broken down (she believes he has commited adultery, and there has also been violence involved). She is still living in the apartment as she cannot afford to move out. She works 12 hours per week, and uses all of her money to feed herself and her baby, as the father pays the rent and bills, but refuses to pay anything towards the baby. She has asked for a divorce, but he has refused, claiming they can still be a happy family, although everytime she is away for more than a day he brings another woman into the apartment. She wants to move home to the UK permanently but he is claiming he can press charges for parental kidnapping, and she is very worried and upset by this. The baby has dual citizenship. She has been to see a lawyer in New York who has told her that the father has all the rights and she has none. She is coming home for christmas and the baby's birthday and plans to stay indefinately.

Can I have my ex-wife arrested for coming to my home without me being there?

Q: I have two teenage kids with my ex-wife. We have shared custody. They're with me on certain days and the other days with her. She had the audacity to come to my home without permission on a day the kids are with me. My kids let her in. Neither me or my current wife were home. We were running errands. What can be done about this?! We were furious, especially my wife. It felt like such a violation! Is it considered trespassing?

How to minimize the amount of Maintenance as well as the duration for which I'd have to pay it.

Q: Hello,
I am 38 year old male looking to divorce my wife who is 40.
We were married and live in New York, Bronx.
We are already separated and I have moved out.
We have an 11 year old daughter.
I expect that I will have to pay child support and Maintenance.
We don't really own much assets - just a car and some household Items + some savings in a bank account.
I am not that affluent (make about $50,000 per year driving a truck)
I currently rent an apartment and support my wife and daughter voluntarily which pretty much exhausts my monthly income.
I expect that my wife will make every effort to get part of whatever assets I/we have and and a Maintenance.
My wife did not work when I meat her, so following our marriage, she did not have to give up work or any other potential opportunities to look after our child. She also had no intention/plans to work during our marriage.
My wife has another child - now 17 year old from a previous marriage.

How to minimize the amount of Maintenance as well as the duration for which I'd have to pay it.

Q: Hello,
I am 38 year old male looking to divorce my wife who is 40.
We were married and live in New York, Bronx.
We are already separated and I have moved out.
We have an 11 year old daughter.
I expect that I will have to pay child support and Maintenance.
We don't really own much assets - just a car and some household Items + some savings in a bank account.
I am not that affluent (make about $50,000 per year driving a truck)
I currently rent an apartment and support my wife and daughter voluntarily which pretty much exhausts my monthly income.
I expect that my wife will make every effort to get part of whatever assets I/we have and and a Maintenance.
My wife did not work when I meat her, so following our marriage, she did not have to give up work or any other potential opportunities to look after our child. She also had no intention/plans to work during our marriage.
My wife has another child - now 17 year old from a previous marriage.

Annulment and divorce in NYC

Q: If a marriage is not consummate can someone get a divorce or an annulment. Married under a year and not consummated. Just never happened. How to proceed?

Can I Exchange My Florida Drivers License In New York, Even If I Owe $2,642 In Child Support. I Just Got My License And I Really

Q: My Situation Is I'm Tryna Pay My Arrears So I Can Exchange My Florida State Drivers To New York State Drivers License
A:David's Answer: You can always try at DMV, with the proviso that either license is subject to suspension if you owe arrears. Call a Westchester Child Support attorney for more info. - David Bliven, Westchester Child Support Attorney, (www.Blivenlaw.net) 

What are my options if he still refuses to follow the order? if I do make an appeal, how can i assure that my husband will pay?

Q: Me and my husband are going through divorce Litigation in the supreme court of NY.
There is a temporary ruling which stipulates that as long as the litigation is taking place, my husband has to take care for me and our 3 children in terms of paying the rent, basic living ect.
Mu husband is currently not following this order and has stopped paying for the rent, and thus i will be soon evacuated along with my children.My lawyer says that an urgent appeal to court wont give us any immidiate decision ,only maybe after 3 months...

How can I expedite my divorce in the Bronx? Which reasons will they consider? If it cannot be expedited, can I file elsewhere?

Q: I am currently applying for a divorce from my wife. She has already been served, and the papers will be sent to the court after 40 days waiting period (2 weeks from now). I'm finding out that the divorce process in the Bronx for an uncontested divorce with no kids/property is 6 months to a year. However, I am not willing to wait that long. I was planning to marry my current girlfriend on April 12, 2016. Is there a way to have the divorce expedited in time so we can marry. Also, is it lawful to file in a different county since I live in the Bronx?

Do i have any right in this Apartment

Q: I married with my wife for 4 years and she want to divorce and evict me from her apartment.
She bought this apartment 4 years ago by her mom gift money during we married
Does this apartment is Property acquired during married?
Do i have any right in thi apartment?
What is going to happend if i don't want to divorce

No fault divorce with child?

Q: What are the additional documents that need to be attached with a divorce filing if we have a kid together. He pays child support from a court order. He has god blessed always paid. However I read i need to attach a sheet showing the calculations when I file for divorce. We have been separated for 3 years now and both agree to get divorced. We have no joint accounts or property to separate, we are of humble background. Thank you and god bless.

Should i sign papers

Q: Child support Getting a divorce my wife wants me to sign a paper saying i will give 25 percent but i heard that number is going down to 14 percent but she is not asking for alimony or my retirement or my anuityanuityannuityacuityantiquitytenuityannuitant and we have 5050 custody and if 5050 custody should i have to pay support i am on workmans comp also

After sandwich visits is it possible I can get custody or will they order over night and weekend visits?

Q: I just got ordered sand which unsupervised visits with my son Sunday's for 4 hours..... My son is with my mom but she is not mentally stabled ACS already threatened to put my son in a foster home if she doesn't comply with mental health.... The next court date is April 4th, if all goes well with the sandwich visits is it possible I can get custody the next court date or will they order weekend and or over night visits? I'm sure my mom isn't going to comply with the mental health ... Shouldn't they give me custody instead of traumatizing the child more by putting him in a foster home? I have my own apartment ACS visited it's clean has food and he has his own bed I've also been employed full time for a little over a year .... This is an emergency case if my mom doesn't comply with mental health ... I'm sure the sandwich visits will go well 4 months of sandwich visits..

Can I travel outside of the USA while having a family court case open in court? Do I have to notify acs about my trip?

Q: I have a family court case open. I'm being charged with child abuse and sexual abuse of my son. Both of my children were removed. My daughter has been returned home since she is 12 and requested to be home. My son on the other hand who has behavioral issues is still in foster care and does not wish to have visitations with me.

Does non-biological grandparent have legal rights or visitation?

Q: My son's non-biological- non blood related Grandmother has recently finished rehab and wants to see my son. Prior to being mandated by her employer, she called in a case to Child Protective Services, which was investigated and is now a closed case as the allegations were determined to be unfounded. I have sent her a letter of intent in which I informed her that I do not want any contact with her. She has brought up that she will file for grnadparents rights in Family Court. I would just want supervised visitation. Does she have a leg to stand on?

How Do I Know If The Ny Family Court Order I Just Received From A Support Magistrate Is A "default Order" Or Not?

Q: Regarding Family Court in New York State (Westchester County). I recently missed a hearing on a support modification petition. The Order, issued by a Support Magistrate, states I did not show and that they "proceeded to a hearing". Needless to say, I lost. I would like to file an objection. The Order came with a piece of paper explaining how to file an objection. However, I know that Orders entered on default can not be appealed and that an objection is not the way to go. My question is, is my order an order on default? The word default does not appear anywhere on it. Thank you.

Should i sign papers

Q: Child support Getting a divorce my wife wants me to sign a paper saying i will give 25 percent but i heard that number is going down to 14 percent but she is not asking for alimony or my retirement or my anuityanuityannuityacuityantiquitytenuityannuitant and we have 5050 custody and if 5050 custody should i have to pay support i am on workmans comp also

After sandwich visits is it possible I can get custody or will they order over night and weekend visits?

Q: I just got ordered sand which unsupervised visits with my son Sunday's for 4 hours..... My son is with my mom but she is not mentally stabled ACS already threatened to put my son in a foster home if she doesn't comply with mental health.... The next court date is April 4th, if all goes well with the sandwich visits is it possible I can get custody the next court date or will they order weekend and or over night visits? I'm sure my mom isn't going to comply with the mental health ... Shouldn't they give me custody instead of traumatizing the child more by putting him in a foster home? I have my own apartment ACS visited it's clean has food and he has his own bed I've also been employed full time for a little over a year .... This is an emergency case if my mom doesn't comply with mental health ... I'm sure the sandwich visits will go well 4 months of sandwich visits..

Can I travel outside of the USA while having a family court case open in court? Do I have to notify acs about my trip?

Q: I have a family court case open. I'm being charged with child abuse and sexual abuse of my son. Both of my children were removed. My daughter has been returned home since she is 12 and requested to be home. My son on the other hand who has behavioral issues is still in foster care and does not wish to have visitations with me.

Does non-biological grandparent have legal rights or visitation?

Q: My son's non-biological- non blood related Grandmother has recently finished rehab and wants to see my son. Prior to being mandated by her employer, she called in a case to Child Protective Services, which was investigated and is now a closed case as the allegations were determined to be unfounded. I have sent her a letter of intent in which I informed her that I do not want any contact with her. She has brought up that she will file for grnadparents rights in Family Court. I would just want supervised visitation. Does she have a leg to stand on?

I got a divorce in 2014 April

Q: I got a divorce in 2014 April, I thought my ex-wife needed my signature to start the divorce proceeding. So I told her to start the paper work and she could sign my name where she needed to. Then two months later I get a copy of the finale divorce decree in the mail. We were married for 17 years no separations no kids. We still have everything in our names Tax bill, Cell phone, insurance ext. I didn't have an attorney in Feb 2015 I filed a Motion to vacate and mailed it in. Just found out in late August you can't mail anything of matrimony matters you have to come in person and do this. Do I have any recourse?

Can I file subpoenas and motions myself even though represented?

Q: My divorce case is in supreme court, nyc.
My attorney is flat fee, which I paid, but charges quite a bit for subpoenas and motions as these are extra (over a thousand dollars for each motion). He had convinced me my case was simple and I would not have to pay these extra charges.
I need to file both now, as my case has turned into a very difficult drawn out crazy thing, but I cannot pay these high prices. I have been paying him extra for many things and I have no money left. In addition my attorney does not really want to do any more work, even though he admitted that this should be done. He just wants the case to be settled and done with, and me to accept terms that would be much better for me (he actually told me this!) if we were to file the above but that we have to "choose our battles". to give an example: I have not worked in 20 years and am disabled, have 2 children, have not had any maintenance for 4 years, and one of the motions I really need to file is for temporary maintenance.
Even though I am somewhat represented by counsel, can I file these myself with the help of the pro se court help center, or am I not allowed since I do have an attorney?

If a divorce or separation agreement is reached in mediation, can one party decide that they don't like the terms a month later?

Q: Married 11 months... with one 1 year old child. I am retired 4 years with only my pension, no other income. My pension, house and anything else is mine before I even knew her. We only share a bank acct that I keep $1000 in. Her name is on nothing. She currently does NOT work. Given these circumstances, we agree to share custody, agree to a child support amount payable by me, and agree that there is no marital estate to argue over... what is the best course of action... a divorce mediator? A separation agreement? Also, how long does spousal maintenance usually last? She is 28 and has a 4 year college degree, and in good health. From what I understand, we need to be legally separated for 1 year in order to be granted a divorce, but what happens if she signs an agreement tomorrow and 3 moths later wants to contest something?

How long will it take to finalize a divorce after the papers are filed with the court.

Q: I am filing for divorce in the Bronx and would like to know how long it will take to become finalized. My wife and I have been married for 1 1/2 years now. We both lived in different states and have never moved in together. She lives in Georgia. Our marriage broke down within the 1st 6 months and she dis-communicated me since then onwards. We have no kids and no property to divide. I am confident that she will not contest as we both want to move on with our lives.

How long will it take to finalize a divorce after the papers are filed with the court.

Q: I am filing for divorce in the Bronx and would like to know how long it will take to become finalized. My wife and I have been married for 1 1/2 years now. We both lived in different states and have never moved in together. She lives in Georgia. Our marriage broke down within the 1st 6 months and she dis-communicated me since then onwards. We have no kids and no property to divide. I am confident that she will not contest as we both want to move on with our lives.

I would like to know which case hearing a must attend

Q: recently i was given temporary custody, temporary order of protection, the right to retrieve my belongings, and a scheduled custody hearing in a few days. when i went to pick up my belongings i was serve with another custody hearing schedule for a different day, in another court. my case is schedule in a few days while the other case is schedule in a few weeks. although it appears his case was filed first. i am not sure which court will hear my case. i am not sure which hearing a must attend.

Can my bf take my daughter away considering I have no job, she is in my care? Can I leave for the holidays will return?

Q: I am not trying to take her from him, but his life style is a concern for me and we can't come to an agreement, so he currently filed a petition for custody at the ny family courts. We haven't stood in front of a judge or have a court date yet. He is a career felon on parole for 5 yrs. Can I take her to be with my family for the holidays and return? He knows about it and given me verbal ok, but now he has done this.
Also, I am currently unemployed and a stay at home mom. She lives with me and is in my care. I plan on moving back to my hometown 630 miles away soon.

Is this a clause in a typical divorce that was not contested?

Q: I just read my divorce settlement. I had not read it when I signed it several years ago. It states that if there is a reconciliation between me and my spouse and we remarry that I am not entitled to any of their property in the second marriage. So I basically signed off on any property in the future? My former spouse said that he did not have anything to do with putting that in the settlement and there attorney just "put that in" without their knowledge. Does that sound correct?  

Going through a divorce, judge ordered that husband could cash in the 401K to pay off his debts pursuant to review of the terms

Q: My husband and his attorney are requesting that I allow them to roll over his 401k into an IRA so that he can have immediate access. I have not been given any documents or account information to review. My instincts say that there is something wrong here, and my attorney is telling me that he feels we can "trust" them. I do not want to give my consent to this, and due to previous experience feel I cannot trust opposing counsel at all. Is it possible to have a QDRO drawn up before the divorce is settled?

Can you back out of a uncontested divorce?

Q: Papers were initially signed off to have a uncontested divorce but the rep. at the court told us we can change our mind if the other spouse is not willing to go forward with it because there is a issue he or she is contesting.
How easy or hard is it to get out of a uncontested divorce even if you signed some paper work prematurely to get the ball rolling? If you have it in family or criminal court does it make a difference?

I found nude pix on hubbys phone can I divorce him & get 17% of his city pay for child support?

Q: I found a text from unknown female named "Stephanie" he admitted to having a friendship with her. This girl is actually pregnant in photos! He actually cheated 4 1/2 yrs ago with some chick ( might be the same one.)

Getting divorced in NY, we bought a home 6 months prior to marriage while engaged.

Q: The DP was paid out of a jt acct, but, I deposited 10k and wife deposited $100k from an inheritance.Funds only in acct for a week or so prior to buying home, but jt acct became our only acct during 13 yr marriage.I made many improvements on prop from day 1.My name was not put on mortg/deed when bought 6 mon before marriage even tho I was at closing and signed documents.Either my wife went back and re-signed or something but I was at closing and signed and was given keys, etc that day. Wife claiming I do not own the home, it is hers. 11 years ago we refinanced and my name was added to deed.House worth 750k, they are offering me 60K as a settlement from the time i was added to the deed in 2004. I think I am entitled to 1/2 of full value plus 1/2 the DP as it was gifted and commingled.

On one part of the divorce papers it states the wrong last name of my ex, does this make the divorce voided?

Q: I was divorced in 1994, I hope. It states, Adjudged that the marriage between Latonya Green and Steven Henry is dissolved........Then on the certified copy of judgment of divorce it states Latonya Green against Steven Miller. I'm not even sure of the date I was actually divorced. It says 8/8/94 and 11/25/94

My spouse and I are separating, and we are on a car loan together, it is only 3 months old how do I remove myself from this?

Q: Any legal documents that can be signed between us that would holdup? He is unable to refinance at this early stage and he doesn't have a very good credit rating at the moment.

Divorce and children involved not sure what question to ask

Q: My husband and I have always had a rocky relationship 2 yrs ago we moved to NJ to save up for a better life in the south. Eventually things took a toll for the worst. Mychildren and I came to the Bronx with my mom and he went to Queens with his sister. I don't want my children in the city (ages 1, 5, and 8). I have now decided to move to NC with my father being it offers better accommodations, people and education for myself and children. My father has already paid for our tickets which are scheduled for departure early December 2015. My husband is infuriated! I've been letting him take the kids to his sisters house every weekend since my mother threw him out but he insists on threatening to take me to court as he feels I am keeping him from his kids if I leave NY! HOW SHOULD I RESPOND?

Can I go for modification of child support? Will that be beneficial for me?

Q: The combined salary of me and my ex wife is more than 141,000. Child custody has not yet been decided but she has temporary custody of the child, I am paying her child support in excess of $1400 per month + child's day care 60% of monthly expenses (approx $ 900 per month) + Health Insurance for the child. If I earn about 100 k and she earns about 80 k then how will the child support be calculated in case I go for modification.
At the time of child support case, she was not working and later she started working.

How do you get the amount due for child support modified?

Q: My friend's ex husband has custody of her kids and she pays child support. She hasn't been able to pay the child support in almost two years. When the amount was determined she was making a lot more money than she is now. Her ex and kids live in a different county than she does. How would she get this process going?

How to get visitation rights to me child?

Q: A woman I was having relations with we had conceived a child. She was in a relationship and never told me she was pregnant. Long story short her boyfriend at the time signed papers at the hospital where baby was stating he was birth father. We took a private paternity test and the end results where I am the father. How do we go to to court and fix this? The other man is not willing to proceed?

Does " within 6 months of execution of this stipulation" start when we signed or when it was finalized months later in court?

Q: In my divorce stipulation it states i must pay $20,000 to my ex " within 6 months of execution of this stipulation". if i dont pay within the 6 month period i will start to owe %15 interest (apr) on the $20,000.

How is a life insurance policy accounted for in divorce?

Q: I was in a financially and emotionally abusive marriage. We got married in 2011 and got separated in early 2014. I filed for divorce in April 2015. I have a life insurance policy with my soon to be ex wife as a nominee. This life insurance policy I bought before marriage and made her a nominee in 2012. Only I was paying all the premium for this policy from my pre-marital bank account. In divorce proceedings how will this life insurance policy be considered/divided?

What Should I Do?

Q: My ex wife has an order of protection against me on frivolous grounds. Recently she filed another petition for violation of protection order stating that I called her at her workplace. Her address is confidential and I do not know anything about her workplace. I honored the order of protection and never called her on her mobile nor on any numbers that I know that are hers. In any case, she is trying to use order of protection and violation petitions to arm twist me asking me to give up my child custody petition which is also in the court stating that she will withdraw order of protection and violation cases if I withdraw child custody petition.

Do I need a civil lawyer

Q: was falsely accused by cps my children were taken from me nd my wife because a cps worker was scared of me she even had me arrested for something I didn't do because she couldn't persuade my wife to leave me. after one year of not being able to go home I accepted a A. C. D only to have them bring me back to court for nothing saying I violated it nd instead of taking me to trial like they should have they withdrew the whole case with out any explanation on why they did what they did to my family for no reason not even apology

How to get visitation rights to me child?

Q: A woman I was having relations with we had conceived a child. She was in a relationship and never told me she was pregnant. Long story short her boyfriend at the time signed papers at the hospital where baby was stating he was birth father. We took a private paternity test and the end results where I am the father. How do we go to to court and fix this? The other man is not willing to proceed?

Business Visitor wants Divorce in New York, possible?

Q: We both (husband & wife) are Citizen of Bangladesh, we came here at last year (at October 14, 2014) under B1B2 (Business Tourism) and applied for L1A Visa which status is pending/ on process.
We don't have yet our Social Security Number or Driving License here in USA.
We don't have any kid and we both are willingly want divorce. We don't have any asset in USA. We got married at January 04, 2002 in Bangladesh. Any marriage document don't have with us now.
How could we get permission for divorce and how long it takes?

If you commit perjury on the stand in a family/ criminal court case will that affect your custody if you have kids?

Q: A woman gets her husband arrested. Goes for custody of the child. In the case they find that the woman lied. Can the husband then go back and get custody of his child? Does lying in a criminal case affect custody of the child if the family court is running together with it?

Do I need a family court Attorney?

Q: My teenager son was on probation for robbery he violated probation and is currently in a juvenile facility. He is heavy in gang activity and needs to be off the streets. A friend of his Mom has come to court twice and is requesting my son lives with her. I would rather him in a facility where he can be off the street. The judge is considering places my son in this women home who I don't know

Do I need a lawyer for my divorce

Q: My wife and I are getting a divorce we have been unhappy for 4 years and we both agree on it you the only thing we can agree on is who gets the kids I want them because I'm going to be staying in the primary residence and she wants them but she's going to be moving and wants me to pay child support already so she can get an apartment I don't know what I can do to keep these kids I've been out of work for a year for an injury on the job I get workman's compensation checks and she said she wants 25% of those for the child children

Want to know what I need to do (behind the scenes) to prepare for a divorce?Want to know what I need to do (behind the scenes) to prepare for a divorce?

Q: Married 10 years. Have 5 yo. Both working with good jobs. Long term extramarital affair. We have separate checking/savings accts as well as mutual "house" accts. Own a home and other investment properties. Husband is an attorney and works for govt.

When Co-parenting After A Divorce, What Constitutes Harassment Instead Of Just Divorced Arguing?

Q: If one parent is calling the other parent's phone to speak to the children, and calls multiple times in a short time frame, what is too excessive?
If one parent continues to push their point of view on the other parent even though they have repeatedly answered the question already, what is too excessive?

Do I Need An Attorney In A Family Court Order Of Protection Case.

Q: My wife on 10/17/15 lift the house with my daughter around 5:00 pm not to return until 11:00am the next morning, After trying to get in contact with her during night she send me a texts message 2:00am stating she want be home until the morning. I was worry and upset for her to have my daughter out all night long when she came home I ask her to explain her self but I was so upset I lift the house. later that night I sent her some texts message stating how upset I was with her behavior. The next day I came by the house the get some of my thing she told me that she file a protection of order on me I went to the police station to find out was it true. The officer explain to me that it was an order out but I haven't been serve and he couldn't tell me what the order said.

Can I get arrested if I had talk to someone I have an order of protection against

Q: I have a problem where I had placed an order of protection against my ex. I at one point stopped taking my anti depressants and felt really lonley because I have bad depression and I had texted the defenent a few times before I called the police fopr violation. He contacted me first and all the other times. Will I serve jail time and all that because I made that mistake? I'm taking meds as prescribe and my depression is better.

Will my contributions be noted from my first marriage even if it wasnt official or by the date of when my marriage got official?

Q: I am considering divorcing my husband, currently pregnant with his child, we lived together since Sept 2013 till present, met in August 6 2013, I contributed to his sole propataitor business that he owned and started himself before we got together and I started contributing while dating by helping him produce products, grow social media, list products for sell online and vend to public at conventions and shows. We decided to get married on August 6, 2014 had a ceremony with marriage license, marriage was not officIally recognized as we got a friend to become a ordained minister and had license signed and lost by united national church, in short it was a scam. Since then I have been contributing to his business in many ways. We eventually went personally to city hall and got our marriage official with certification on April 29 2015. I managed and grew his business while dating first marriage second marriage and currently still do. Increasing his business from what he originally started before me coming into the picture. Also to clarify that no prenup was signed at marriage.

If you commit perjury on the stand in a family/ criminal court case will that affect your custody if you have kids?

Q: A woman gets her husband arrested. Goes for custody of the child. In the case they find that the woman lied. Can the husband then go back and get custody of his child? Does lying in a criminal case affect custody of the child if the family court is running together with it?

Do I need a family court Attorney?

Q: My teenager son was on probation for robbery he violated probation and is currently in a juvenile facility. He is heavy in gang activity and needs to be off the streets. A friend of his Mom has come to court twice and is requesting my son lives with her. I would rather him in a facility where he can be off the street. The judge is considering places my son in this women home who I don't know

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