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March 2016 Archives

Who is responsible for this?

Q: I just find out that my 8 years old son was sexual abuse by a 10 years old student in the school bathroom. I went to the police station to make a report and they just give me a number of a detective who are supposed to come to the house to talk to my child but it has been past 3 days and I called him and he told me that he will come to my house to the end of the week, but he ask me what i want him to do for my child?also went to the school and speak to the principal who told me that they will report it to the department of education. The only thing I know is the child is suspended. But how about my son. He still needs to go to school. The school it doesn't have cameras and I am terrified that something else can happen to my son even do they told me that they will have my child supervise. What are my son's rights in this case. What I suppose to do legally.

How To File For Arrears Accrued Prior To Termination Of Support Order If Prior Violation Dismissed W/prejudice?

Q: I'm the CP. In '01 NCP was ordered to pay me cs. NCP barely paid; in '08 I filed a violation in FC for "app. $80k" . NCP admitted arrears, disputed amount. SM sugg. I withdraw petiti- on w/o prejudice, return w/exact $ & ordered future $ go thru SEU. I've not pursued those arrears. '08-'15, NCP always in arrears on current/SEU account; violations filed, all deemed "not willful" though resulting in $ judgment. 12/14 NCP files to terminate support, claims son lives w/him (false). 1/15,arrears @ $6k+, I file violation. 12/1/15 SM found son constructively emancipated eff 3/15, terminated cs order & ordered any $ paid after 3/15 applied to arrea- rs. My violation was "denied & dismissed W/PREJUDICE in light of the determination here- in". My obj. is pending. Exact accounting of '01 - '08 arrears is $93k+. If I file a violation, SM WILL dismiss based on her "w/prejudice" decision. I know arrears accrued prior to NCP pe- tition can't be canceled but SM WILL dismiss; loves NCP, knows I'm pro se. I'm the bad guy! She has issue w/willful. How to file to estab. arrears/get judgment thru SEU w/o tying it to the violation dismissed w/prejudice? Alternative to willful? Limited to family court.

Do I Have To Get Health Insurance For My Child Through My Job?

Q: I am court ordered to provide health insurance for my child. My employer got served with a notice that I have to get insurance for him. Being as my employer's health insurance is way too expensive I enrolled in insurance for myself through another company and enrolled my child through child health plus. Is this ok?

Should the courts convert my gross to the U.S $ to make adjustments? why are they using my income when I have custody?

Q: I am the custodial father residing in Canada. My case is in new York. the non custodial mother resides in ny. she makes 25,000 more then me. On the itemization of income and deductions, they added my gross as well My annual gross income is in...

What Defense If Any Do I Have? Will I Be Required To Pay The Loan?

Q: In December 2013 was laid off from work. Child became a freshman in college at private university. That academic year already paid for. in 2014 child needed to take a loan and again in 2016. NCP refused to co-sign for any loan and only paid their share of costs advising it was not their problem. Stipulation of divorce states that both parents should pay tuition and fees only up to the cost of SUNY Albany. (SUNY cap). I found work in 2015 and have only been working one year. NCP now petitioned that I have not paid my share of tuition and fees, however the is no outstanding bill for the school. What recourse is there for me to dispute the allegations?

What Is The Definition Of "lawful Custody"?

Q: If the person from whom the child was taken did not have lawful custody of the child you would not be guilty of custodial interference. In addition, you may also have a defense if you reasonably believed that you by violating a custody order were protecting the child from physical or emotional harm. This is a partial definition of a custodial interference defense. Does "lawful custody" only mean the biological parents? Or does lawful custody include grandparents as well?

Who's Responsibility Is It To Submit A Qdro After A Divorce?

Q: I have been divorced over a year. I have a QDRO signed by the judge and entered with the court giving my ex a share of my 457 account. My ex and her attorney have not submitted the QDRO to my 457 plan yet. Am I responsible to submit the 457 to my plan? The QDRO in regards to my pension was submitted by her lawyer, and vice versa with my lawyer in regards to her pension, but nothing with my 457. Who's responsible to submit the QDRO to my 457 plan?

Does She Have A Legitimate Custodial Interference Case Against Me? Or Was I Acting In The Best Interests Of My Children?

Q: I live in nys and I have primary physical custody of my 2 boys who are 12 and 14. I agreed to let them spend spring break with their mother outside of the custody agreement. ...meaning that I was supposed to have them instead of her. When she gets visitation the children stay with their grandfather in a separate 1 bedroom apartment because there's a restraining order against her husband from being near my boys. I called my kids and asked how their day was after the second night and they told me their grandfather was sick and vomiting all day. So I arranged for their aunt to go pick them up who was 20 mins away to prevent them from getting the stomach virus. I notified my ex after they were picked up to let her know she could visit them at their aunt's house instead of their grandfather's house because he was sick. She got mad on the phone.

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