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January 2016 Archives

How can I avoid paying transcript fees that the judge order in a divorce trail.. Im in debt and i am barely able to cover my exp

Q: I was order from the judge to pay for 75% of the transcript reporter fees in a divorce proceeding.
I am a pro-se and cannot afford a attorney. I am over my head with debt. I wanted to mediate this case from the beginning of this action. Is there a recorded electronically device (FTR) that could have been order from the judge as well .. here in NYC. what are the necessary documents that i need to submit as evidence to convince the judge that i cannot afford to pay for the transcript .. I don't need or want a copy of the transcript . Please Help,

Filing divorce on line or not

Q: Can we file for divorce online? We have no assets except for 401k. However my husband owes me a lot of money for example tax returns that we never received back due to his non status and most recently he had his car illegally parked without registration racking up a lot of tickets [car was previously registered in my name] my car was towed and I had to pay all the tickets. Will half of the 401k automatically go to him even though he owes me money and does this situation make it more complicated to file online?
Also we have been to court already for child support but not custody. Our two daughters live with me since he only have a studio apartment. My husband has no status bin this country

What do I need to do to get a judge to rule to finalize my divorce and get financial help in paying legal and home relocation co

Q: Filed for uncontested divorce in 2012. Husband moved out, has not paid house taxes or mortgage, house going into foreclosure. I reside in house (husb still has access). Husb (retired w/pension) blocking settlement. Finally, had my lawyer schedule and had one Judicial intervention 2015. husb and his new lawyer unavailable for 2 new intervention dates; husband out of town; lawyer other case. Settlement sticking points same as in beginning. Husb totally uncooperative.

I dont have funds to pay my ex wife per our agreement. What are the implications of that? What do I do prospectively?

Q: I'm divorced two years through a collaborative settlement process. I was unemployed during negotiations and agreed to a reasonable amount of expected salary in determining monthly alimony and support.

Where can i find this form for nyc supreme court for the notice of appearance from me ( defendant) to her ( plaintiff). Also wh

Q: My wife abandoned me and left me and our business in terrible debt. Now, after not hearing from her since December 2014, I received a notice for divorce. The first paper, i tried to respond to on my own, as I can not afford a lawyer. Now i received a Summons With Notice. She wants to be absolved of any of our past debts and have a non contested divorce. Her lawyer also says that I am already in default and that my first response was late. I've been trying to find the form online to return a Notice of Appearance in response to the present summons but am unable to find this form. I understand that I also have to describe why iI contest the issue about the debts which i can type out and don't seem to need a special form. Where can i find this form for nyc supreme court for the notice of appearance from me ( defendant) to her ( plaintiff). Also what do i then do with it... do i get it notorized then take it to the supreme court and then send a certified letter to her attorney? and if i take it to the supreme court of ny ( where the paper from her is associated with) where at the court do I take it? Also should I also try to make a counter claim?

Received decision to pay wife 2000 a month for 4 years more maintenance for 1 year marriage, any recourse?

Q: Received decision to pay wife 2000 a month for 4 years more of maintenance on top of the four years pendente lite. She is college grad immigrant. One year marriage. Judge is known to hate men and exhibited bias rhrougjout trial. Do I have any recourse?

Does My Ex-husband Need To Provide A Separate Room For Each Child (being Different Genders) Or Is One Legally Acceptable?

Q: I have 2 children with my ex-husband (a 5 year old daughter and 3 year old son). He has recently bought another home that he is renovating so that he can have our children for overnight visits. I found out that this home will only have 2 bedrooms (one for him and his fiancee, the other for our daughter)...

Do I Have To Keep Paying My Ex Child Support Until My Support Court Date In Late March, Even Though The Child Is Living With Me?

Q: I have a case in family court where I've been given temporary custody due to a TOP as of late December. Our daughter has no intentions of going back to my ex due to physical abuse, but I know it's a process to switch child support. In fact, I now have a date for support court in late March. Do I have to keep paying my ex child support until late March, and if I do, can I then get it back as well as receiving back child support for those months?

How long would a filed divorce remain valid and who would be best person to contact to determine the status of the paperwork?

Q: I'm a social work intern trying to find out information for one of my clients. My client filed for divorce 10 years ago and paid all the associated fees, but the divorce was never finalized. My client is curious if she needs to repay and refile the divorce papers or if her original paperwork would still be usable or applicable, which would be preferable to the former as she does not currently have the means to file again. There is no property to split or child support, nor would her spouse contest in any way. My client wants to protect herself when she retires so that her spouse could not have any claims on what little income she may have. Any guidance would be very much appreciated.

What's The Term I Need To Say The Court Unfairly Issued An Outcome That Wasn't Requested? Not "unjustly Enriched" But Like That?

Q: I am filing an objection to an order & decision of a support magistrate in Westchester County, NY. My deadline is Wed. Jan. 6th! The order & decision was combined for "judicial economy" so 2 petitions are inter-twined. Mine, a wilfull violation of non payment of child support, & my ex's, a modification of a support order, stating our child was no longer living w/me & WAS living w/my ex, & requesting a termination of child support. Neither petition requested or alleged emancipation, yet the magistrate's order teminates child support based on constructive emancipation. Riveting, considering her order also states that I "pay for the child's cell phone & health insurance & regularly sends him money" AND that my ex "provided the court evidence of cash transfers to the child & payment to the college amounting to $4,065.05...& testified he has paid over $3000 for the child's auto repair, $1,593.00 towards the child's housing expenses & $784.00 in misc. living expenses". Clearly the child, who is 19 & a FT college student w/NO job, is entirely dependent on his parents for support & NOT emancipated. The order also find my ex NOT in violation & dismissed my violation WITH PREJUDICE!

Can I Send My Daughter's Email To The Family Court Judge With A Cover Letter? Or Have Her Write A Letter To The Judge?

Q: I have a case in family court requesting an order of protection for our daughter at her request. She's 17 this month. Although my ex had full custody for several years, our daughter revealed that she was being abused and, following a police incident (the neighbors called), she wrote a 2 page complaint and then requested a police escort to get all her things out of the house. She now has a TOP, but there's a hearing in a couple of weeks and she doesn't trust her law guardian (for good reason). She wants to send an email to him, saying she's not comfortable with him and is therefore not able to tell him everything. It's a very corrupt cast of characters in this case. The judge said she doesn't really want to change custody or child support, even though the child is living with me - explaining that the child may want to go back & forth and she's 'aging out' soon, so let's just keep the status quo. FYI, the child revealed my ex was punching her in the face among many other things, but the law guardian didn't mention the abuse in court. The judge said she doesn't read police reports and she wasn't interested in looking at pics of the bruises. The child's voice isn't being heard

Can Our 17 Year Old Daughter Insist That Her Older Sister Stay In The Room With Her When She Meets With The Law Guardian?

Q: Our 17 year old (this month) younger daughter has a temporary order of protection from my ex. She's been appointed a law guardian that she doesn't trust, because he's friends with my ex. In a previous proceeding, I requested a new law guardian for her, but he has political connections and he stayed in place. We just had the preliminary hearing in family court and the full hearing is coming up soon. The law guardian now wants to meet with our 17 year old, and she wants her 23 year old sister with her the whole time, who was also abused by my ex. Can our 17 year old daughter insist that her older sister be in the room with her when she meets with the law guardian? And can she insist that he does not have one of his associates in the room?

What do I do if I have no court papers but my ex is stating we have a court date this month, and how much notice must he give me

Q: My daughters father is saying we have a court date this month (January) for joint custody but he hasn't served me with any papers, he isn't listed on the birth certificate and he does almost nothing for my daughter (pampers here and there mostly), I don't want to miss this court date.

Can I take any sort of legal action against her for breaking our verbal agreement? Thanks

Q: Hi me and the mother of my child have had a verbal agreement for the past 4 years of alternating who gets to claim our daughter on our taxes. Now she is trying to stop me from doing so without good reason. I have my own place and tax paying job, both which she does not.

Can I change law guardians

Q: I was appointed a law guardian for my daughter in 06/2014 .he has never called to see how she is . How do you let someone decide your child's fate when they know nothing about her

Looking to get a divorce, my spouse is a GC holder, what are my rights vs her rights, how do I proceed?

Q: Spouse is green card holder (8 months) through marriage, 1 year 4 months married. She is unemployed throughout the marriage. We jumped into this very fast, married genuinely, I love her, but this is fading as am not IN love with her anymore. Total dependency on me, but I want to end it, and it's not her fault. I'm afraid this will hurt her, "throwing her on the street" and I can't live with that guilt. I have been supporting her in everything. We don't have savings, nothing is under her name (i.e. rent, phone), she is joint account holder/authorized user on my bank and credit cards, respectively. I hope that when I break the news, she doesn't become scornful, seeking revenge, and going after the little we have. Or worse, going after alimony as I have been financially supporting her the whole marriage. Looked at an alimony calculator, and the payment is exuberant because she is unemployed. She is looking for work, a good job, to start her career in the states, I have thought about waiting until she gets her feet on the ground. Tax season is coming up, I'm not sure this is up for grabs. I'm just trying to find a peaceful, economic solution to this.

Can I serve summons and complaint (uncontested divorce) on my husband who lives abroad by express mail?

Q: My husband and I have been separate for more than a year. He left the U.S. and went back to his country. I am a U.S. citizen and he is not. I am still married to him on the papers, and I want to get a divorce. However, I am going to process on my own. For service of the summons and complaint, is it sufficient to drop the papers with an international courier with his last known address? We do not talk, so I cannot get a waiver or affidavit from him. However, I know that he will not object to this divorce. Can you please tell me if I can serve him through express mail or regular postage?

Can you evict your spouse once you get divorced?

Q: Woman divorces her husband. The court can't rule on the apartment in the divorce but the divorce is finalized. It's the woman's apartment so can she take his name off the lease once they are divorced? Does she have to wait thirty days to evict him or can she move him out immediately? She has custody of the children.

Ex is looking for an increase in CS. Will the judge grant it?

Q: Ex is looking for an increase in CS due to an "increase in living expenses" on her end. It's my understanding that only if my income increases more than 15% from the last order that a modification can be made. I've only had about a 7% increase. Will the judge order a new amount to be paid based on my current income?

Divorce

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Can I Be Emancipated In New York At 16 If Pregnant?

Q: I'm 16 years old and pregnant. My mother is trying to force me to get an abortion. We live in New York and my boyfriend, who is enlisted in the army, is planning on sending monthly checks to support the baby and myself. His parents are also willing to allow me to move in and will tell the courts they will support me. I want to become emancipated and need to know if that is possible and if there is a lawyer who would be willing to meet with me for a free consultation, and if willing to move forward, would be willing to work out some form of payment plan with me.

Can a house I purchase while separated be brought into dispute during the divorce process?

Q: I've been separated with no commingling since January 2015. I have two kids but I'm the noncustodial parent as they do not live with me. I live with my girlfriend and step daughter. I live in Westchester County, NY. My children and their mother live in New York County, NY in an apartment which was under my name until I signed the lease over to their mother in February of 2015. When the funds present themselves I intend to seek a divorce. I'm currently looking towards buying a home and have been pre-approved. My girlfriend and I intend to make this purchase together with both of our names appearing on the contract and eventually the deed upon closing.

Is it better to consolidate order of protection, violation, child custody and divorce in supreme court?

Q: My soon to be ex wife filed frivolous order of protection in October 2014 in family court. Then she filed for child support, child custody and recently she filed for violation of order of protection. All this because she was very angry when I met with a car accident in Aug 2014 while driving her old 2004 Toyota car and totaled it. She was asking me to pay her $ 20,000 for her old car but because of reckless driving case on me I had to engage a good lawyer and all charges against me were later on dismissed. She told me that she will not let me survive if I do not pay her the money and then filed so many cases against me and threw me out of her apartment for which I was paying the rent. She also filed a civil case on me in Supreme court for $ 20,000 for her old car.

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