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June 2016 Archives

If an 18 year old by their choice wants to leave home, do you have to pay them child support? no one is making her leave.

Q: my child wants to leave home to be able to collect child support on their own. she has not been asked to leave, she wants to live at her job, which is a resort. can she leave and have child support paid directly to her? its all about her wanting the money directly to her. also, if her father was paying support to me. then how does it work, do we split the child support if she gets it. I still have a younger child at home (10) that he would still have to pay for. he just wants his support payments lowered. I feel he is not looking out for her best interest.

Why do I need to provide an income statement for seeking a termination of child support based on emancipation being effected.

Q: Stemming from a divorce agreement my son has turned 21 reaching emancipation clearly defined in agreement. Filed modification petition in Westchester County family court in an effort to get the child support collection unit to furnish my employer with a termination of garnishment letter.

If my 18 year old daughter willingly moves out, is she able to collect child support?

Q: My 18 yr old wants to move out, in hopes that support payments will come directly to her. Is this true? Or will she empanicipate herself? I feel as though my ex is giving her bad advice. She wants to reside where she works at a resort. In return, she wants to petition the court to receive child support payments. No one is asking her to leave, nor does anyone bother her at home. She freely comes and goes as she pleases. She feels as though she should collect the support payments. In hence, that's her reason for moving out.

Can my portion of child suppt be raised if I earned $10,000 more last year due to getting severance $ & starting a new job?

Q: I am the custodial parent & realistically now that I started the new job, I am really back to my former salary and do not earn the extra $10,00 that I got as severance and is shown on my 2014 return. I don't think It would be fair to have support based on something I am not earning.

I am currently having an issue with my child support. I was laid off in 2013 from my full time job and am was collecting

Q: unemployment. I am now a full time student and have no income coming in. Child support has frozen my bank account and has deducted all the arrear child support and has thrown my account into a negative status. What can I do to get this rectified?

I am currently having an issue with my child support. I was laid off in 2013 from my full time job and am was collecting

Q: unemployment. I am now a full time student and have no income coming in. Child support has frozen my bank account and has deducted all the arrear child support and has thrown my account into a negative status. What can I do to get this rectified?

I am wanting a divorce, but I know I have to be married for 10 yrs to get half of my husband's social security benefits.

Q: If he earns $180,000.00+ and has been working for the same company for about 25 years, how can I calculate how much would I get? Just roughly... (I have tried several websites, but it has been difficult to calculate it myself) I have been a stay at home mother and he is the only one working. Also, if he files for bankruptcy, will it affect his social security benefits?

I was divorced in 2001 and my paperwork has the in correct social security number on the deposition. does that make it invalid?

Q: I am trying to find out how to collect compensation from my husband who cheated me out of benefits. I don't know if it's too late. I need help. my son and I struggled because of my ignorance.

Can a Divorce lawyer work on Contingency?

Q: My lawyer recently went into practice on her own, away from the big firm she used to work for,. Although we had a retainer agreement that states rates, she has assured me that her fees will be recovered by way of final settlement in the case, and that I need not pay her now. A lawyer friend of mine stated that this constitutes a "Contingency Fee Arrangement:" and as such is prohibited under New York State Bar association rules. Is my lawyer friend correct?

Is Their A Section Of The Law That Would Allow Case To Be Reopened? For Ex: A Medical / Psyche Issue.

Q: I gave my grandchildren to cps in 2008 because i was unable to take care of them safely. The stat of limitations has ran out although i just found out that my name was retained. I had never been informed until i wrote in requesting the result of the adm hearing five years ago. It has taken them a year to send me an answer and they still have not sent the decisIon regarding that hearing. Cps has done everything to deter me from getting the result of that administrative hearing. Every lawyer who i have tried to retain has held on to case for a long period and then dropped it. I don't even know if i had an appeal. Please help. At thevvery least, i would appreciate telling complete ordeal before making an informed/educated decision. I'm not even given a chance.

Can Something Video Tapped Affect You.

Q: My son had a baseball game today and his father wasn't going to take him. My son was upset and called me up on the phone to tell me. I talked to him and said tell your dad this and he yelled at me saying don't put him in the middle of this. Then I called my 8year old sons phone and said to him don't let your dad tell you that you cant goto your game if you want to. You tell him you want to go and play and he said yes and ok. His dad apparently video taped him on the phone with me. He is being nothing but spiteful and trying to take my son from me. Can you goto court and use this against me? I don't see how I did anything wrong and this is violating our privacy and also my sons bill of rights.

Will I be able to get retroactive payments if spouse started drawing pension before divorce and dro finalized?

Q: Next month we'll be going before a Judge to finalize divorce. Filed for divorce 2005 but had to request court date to go before judge to get case moving. Can you get DRO drawn up to finalize with judge as we are presenting settlement of agreement to this Judge?

My Ex Is Starting To Hassle Me Over Our Vacation Weeks This Summer In Regards To The Children.

Q: As per our settlement, we both get the kids 2 weeks each during the summer for vacation which is no problem. My ex has a trip scheduled to go from July 25th to august 2nd and is going to florida. I am taking the kids to our condo in south carolina from July 16th to July 23rd. We will be back by 430pm on the 23rd. Our contract states that we each cannot take them for the 2 weekends consecutively. She states she is disagreeing with my trip because the kids will be home for a day and flying out again. They are 8 and 10 and have been to both places before. Does she have an argument or is it her usual irrational controlling behavior.

Am I entitled to that money my ex took out and spent? I had debt too but since he left out of no where, didn't pay anything off.

Q: Ex has been secretly drafting money (13,000) from our joint account into his own private account he opened up a month before he left both the family out of no where, and spent half on paying off his $6000 CC debt he racked up within a month. I believe he was cheating and abusing alcohol and spending his money like crazy on those activities.

How do I get a divorce??

Q: In requesting information to either get a legal separation or divorce. My wife doesn't want to be with me anymore. Been married for 9 years

My Son Is 17 Yo, Down Sydrome, My Mother & I Have Jt Custody & She Has Final Decision. She Picks Him Up Every Weekend

Q: from the Residentia. I have visitation with him on Saturdays & every 5th Saturday overnight. He assaulted me in her home&the police had to be called to get him off of me. I was injured. I went to Family court to modify my visitation, to get full custody as she is not making the right decisions & to file a violation. The judge dismissed my case & told me there is too much & to get a lawyer. She didn't want to hear my case or assign me an attorney. I need help.

Is it possible to enforce in the USA a judgment for alimony that was given in Europe?

Q: My husband and I moved to Europe about 15 years ago. About 12 years ago my husband filled for a divorce and I was awarded alimony. My husband never payed me alimony and one day he just left and returned to the states. Can I enforce the European judgment for alimony in the states?

Can My Mother Force Me To Divulge Specific Details Of My Therapy In Order To Visit With My Daughter?

Q: My mother lied and strong armed me into signing adoption papers, so she could adopt my daughter. Now she won't let me visit with her until I provide a detailed letter of my therapy, which my therapist says she won't provide due to legal reasons.

Filling a divorce but husband in another country

Q: My ex- husband divorced me 5 years ago from Africa (Nigeria), he sent me the document and i have moved on since then, i have 2 kids from this marriage. I am now married for 4 years and my ex-husband has also remarried. My husband applied for a green card for me but unfortunately, we were told that my ex husband divorce document was not genuine.
Now i want to divorce him again from America, so that there will be a genuine proof of divorce and we can continue the green card process. Please how can i go about this, the last time i saw my ex-husband was in January 2010.Your reply will be highly appreciated. Thanks a lot and God bless you

How To Respond To A Proposed Visitation And Custody Order When You Are Pro Se

Q: My ex (who has hired an attorney) and I along with our son's law guardian, agreed in court the modified visitation and custody scheduled I filed. We both received the updated proposal that the the law guardian prepared and submitted to the court based on the agreement made in court. My ex's lawyer is now disputing one of the clauses and would like it removed. My ex's lawyer did not dispute it in court. I am going to send a letter to the judge as well noting that we all agreed on the clause. Is there any other action I should take or file? Thank you.

During contested divorce, should I inform the Court that my wife, being 2 weeks pregnant took a handful of sleeping pills?

Q: My spouse filed for divorce asking for full custody of a 4 yo daughter. She is a very emotional person. There was an incident in November of 2010 when she took a handful of sleeping pills after I informed her that I wanted to end the relationship. We were unmarried at the time and I was sick of her constant emotional swings. I all forgot about the incident but since she filed for divorce I want to tell the court about it. I probably saved her life by giving her water, inducing her to throw up and called 911 immediately. A couple of weeks after the incident she told me she was one month pregnant.

Should I get a prenup?

Q: My fiancée makes more than me now, but I will make more than him next year. He has assets (investments and other savings) while I have student debt.

Separate property divorce

Q: My spouse has exclusive occupancy Of my separate property that I inherited priory to marriage there are 2 young children involve. My lawyer ask me to voluntarily agree to the motion of exclusive occupancy pente lite. He promise me that I will get my separate property back once the divorce was over. So I agreed to the motion out of goodwill and good faith. Now my council has made a motion to be relieved and the judge granted it to him .I'm a pro se now.Spouse works for a law firm. Now spouse and her council wants exclusive occupancy of my separate property until my youngest child turns 18. I have required listings of apartments in and adjourning neighborhood that Spouse would be able to afford with child support and her income. what can I do to get my iinheritance
Inheritance Back

Divorce Degree Partially Ignored

Q: Even though our divorce was finalized about a year ago, my ex-spouse had not adhered to it and still owes me items (artwork). Do I file and Order to Show Cause on my own?
Thanks!

Married to debt

Q: if i divorce my husband am i responsible for his cc bills if divorced. i pd off everything b4 marriage but parents & son
same. I am abt to loose job .. they dont want to sell house we cant afford. I work v.hard but i make cut backs but they wont husband not working he had no savings. my salary cant afford the monthly bills .. we can loose everything

Adultery in a marriage

Q: Hi I have this situation where I need proof that my wife is in another relationship so my divorce can be approved. The problem is I haven't seen her in over 10 years. I have an idea of where she is with an address. What's the best way to find out if she divorced me already or if she lives with someone else? Can a lawyer help with this background information. I just need some direction. If there is a site online that I can use which is the most accurate because ive been ripped off by a couple.

New York Uncontested Divorce Forms - Certificate of Dissolution of Marriage. How to answer questions when plaintiff is pro se.

Q: Hello, my spouse and I are filing an uncontested divorce in NY. We filed out the uncontested divorce forms and will file them tomorrow. We have a question about the Certificate of Dissolution of Marriage.

Do I need to appear in court for an RJI if I am out of state or can I hire counsel to file dismissal motion?

Q: I live in CA and my spouse filed a "summons with Notice" in an action for Divorce in NYC, 2012. I responded Pro Se with a "Notice of Appearance and Demand" in 14 days. She refuses to file a complaint and/or settle and is happy to just keep me in limbo these last 3 years. The marriage lasted 9 mos with No kids, assets, real estate. I was told by a CA divorce lawyer that he could not proceed because of the pending action in NY. Can I hire NY counsel to represent me in an RJI to request a default or summary judgment for plaintiff failing to file complaint in over 3 years? Thank you in advance

Does family court have jurisdiction to issue orders of protection against Petitioner's brother-in-law and uncle-in-law?

Q: Are they related by affinity? Can an argument be made before the referee at the first family offense proceeding that this should be dismissed due to lack of jurisdiction?

How do I vacate or defend myself from a family court order of protection and a criminal court order of protection>?

Q: I live out of state and had a short relationship with a female in NYC. (We hooked up a few times, no kids, never lived together). When I broke it off she threatened to make my life miserable and she is doing a great job.

My wife asking to increase the child support payment to pay for the kids for private schools that i never agreed upon.

Q: I am paying $1250.00 per month plus $400/month. wanted me to me for my second daughter another $400.00/month. meanwhile I have another four kids to support from another marriage.

What happens to the custody agreements if the petitioner withdraws action of divorce?

A: David's Answer: Out-of-court "custody agreements" are unenforceable unless they're ultimately incorporated into a court order or judgment. Thus, other than it being a "memorandum of understanding" between the parties, it's of little legal import at that point. Schedule a consult with a NYC Family Law attorney for a full assessment. 

Appeal or motion to disaffirmed special referee decision?

Q: I received the signed judgment of divorce. The custody matter was decided by the Supreme Court judge after trial and the financial matter after a trial with a special referee. It was hear and determine, therefore the special referee signed the judgment of divorce. Unfortunately there are accounting mistakes (1+1=3) in the equitable distribution and special referee doesn't want to take a look. Should I move to Supreme Court pursuant CPLR 5019(a) to disaffirm the report or should I appeal it? I was not even allowed to send a counter judgment.

My daughter's cell is taken away from her when she goes home, thus not having communication with me. Who do I notify about this

Q: My daughter lives with her mom and step dad. They decided to giver her a phone for communication purposes and works out great for both me and her mom. But she has revealed to me that her mom takes her phone away from her when she goes home and cant be alone with her cell in the apt, not even in her room. This all makes sense when I try to communicate with my daughter and I get no response until a day or two later. When my daughter is upset or wishes to speak to me, she is denied this because of the removal of the cell. Can I bring this up to my daughter's lawyer?

How do I vacate or defend myself from a family court order of protection and a criminal court order of protection>?

Q: I live out of state and had a short relationship with a female in NYC. (We hooked up a few times, no kids, never lived together). When I broke it off she threatened to make my life miserable and she is doing a great job.

What Happens After Remand

Q: My family court objection was sustained resulting in a remand to the trial court with instructions. What happens next? Does the trial court schedule further hearings? Does the trial court just simply adjust its earlier decision for the instructions? Do I need to make any motions?

How can I obtain custody of my child and have him reside with me?

Q: My sons mother collects child support but lives in govt assisted housing, my son is educationally neglected and malnourished among other things. I have a home where he has his own room but he has to share a bed w/ his grandma where he currently resides. He is socially awkward and is always being bullied and is told by his mother to accept it because it will happen wherever he goes to school. i am concerned for his health, well-being and overall development. He is told to lie to me and that everything I do is wrong. I pick him up every other weekend faithfully for the last 12 yrs but I can no longer stand by and watch him develop into the introverted, out of shape, constantly over medicated teen he has become.

How likely is the court to give minimal or supervised visitation?

Q: I am separated from my wife (no legal docs in place) she is filing for full custody. About 18mo-2yrs ago, I had an injury which led to a period of Rx pain med abuse by me. Ive admitted to this, but I have no sort of arrest record, inpatient treatment, etc. Essentially when we separated I stopped taking them and havent looked back. My wife told me she will try to get minimal visitation from me or at least supervised. I am an upstanding member of my community, I have a great job on Wall Street, Im involved with my son's school, etc. additionally Ive taken at least a dozen drug tests to give my wife peace of mind (all clean) I realize that I made a mistake, I am just trying to manage my own expectations once this all plays out in court.

Attorney and custody case

Q: JOD is entered and filed but the order dictating the terms of custody and visitation is not yet filed and entered.
The current attorney that I have is not filing the court order that would make it enforceable. Ex's attorney won't file because the order is against his client. Would it constitue a malpractice on my attorney's part. How to go about getting the order and filing

Custody and visitation question from a divorced NYC father with a thirteen year old son who now lives in NJ with mom...

Q: 1) How does a divorced father TRULY enforce an existing custody agreement and visitation schedule with a very controlling former spouse who is not adhering to the schedule and insists - autocratically - that they are more aware of the child's schedule, obligations and needs on a daily basis.

Who can review a prenup? Does it have to be a lawyer or can it be an associate or aid? Looking for a low cost alternative.

Q: Looking for a low cost alternative to review an already drafted prenup. There is nothing to contest, just need someone to look over and sign off as legal representation. Any suggestions?

NYC Family Offense Petition

Q: I have been separated from my common law wife / mother of my children for approximately 7 months. I was served with a petition for custody and a family offense petition. My question is regarding the family offense petition. There was a restraining order attached and a list of crimes that I am supposed to have committed on the family offense petition. Am I facing criminal charges? Is there a chance I will be arrested on the date of the first hearing?

Who can review a prenup? Does it have to be a lawyer or can it be an associate or aid? Looking for a low cost alternative.

Q: Looking for a low cost alternative to review an already drafted prenup. There is nothing to contest, just need someone to look over and sign off as legal representation. Any suggestions?

Uncontested Divorce Forms - Is the Child Support Worksheet Required to be Filed?

Q: Hello, Sorry if this seems like a silly question, but my wife and I are filing our uncontested divorce with the official forms packet (we have one child from our marriage that is 8 years old so child support apply) and we are wondering if the Child Support Worksheet must be filed or is it just a worksheet that we can use but do not have to file it with the rest of the forms?

My daughter's cell is taken away from her when she goes home, thus not having communication with me. Who do I notify about this

Q: My daughter lives with her mom and step dad. They decided to giver her a phone for communication purposes and works out great for both me and her mom. But she has revealed to me that her mom takes her phone away from her when she goes home and cant be alone with her cell in the apt, not even in her room. This all makes sense when I try to communicate with my daughter and I get no response until a day or two later. When my daughter is upset or wishes to speak to me, she is denied this because of the removal of the cell. Can I bring this up to my daughter's lawyer?

How can i get my custody back

Q: In 2011 my daughter father and i was granted joint custody .. in 2012 till now i was in a rocky situation when i had my daughter stay with her father until i got back on my feet.. now that im in a good place i want her back and her dad is keeping me away ? Is there anything i can do ? Im scared to go back to court and lose her completly ..but her dad dont let her see me.HELP

The therapist is trying to take the kids away because my girlfriend is living in the apartment.

Q: My daughter is lying to say the girlfriend is verbally abusive. The daughter is manipulating the situation to say that she is right. The girlfriend is mean, and not nice. My daughter is trying to separate dad and girlfriend. My ex wife is trying to change visitation schedule to outside of the home. The son is really losing out and is sad. What can we do?

My ex has full physical custody of my younger daughter and I now have evidence of child abuse perpetrated against her by my ex

Q: via a series of phone recordings, frantic emails to come pick her up, frantic text messages saying she needs help, my older daughter being thrown against a wall when we came to rescue her, etc. When I brought the case to Supreme Court as an Order to Show Cause for a change of custody due to a substantial change in circumstances: child abuse, it was dismissed / denied with an appearance but no hearing - due to my ex's mob connections. Before you roll your eyes, my ex's father wrote a book about his mob connections, still on amazon.com. My question is, even though the Supreme Court matrimonial part dismissed/denied my OTSC for a change of custody, can I still go to the District Attorney with my evidence of child abuse, since child abuse is a crime?

Child custody

Q: I'm going to court for child custody, my goal is to get joint custody , but the father does not show up on the days he's suppose to pick up baby. And when he does pick her up he drops her off at sitter and goes to bars and passes out. In the end I get a phone call at 5:00 am asking to pick up my daughter from babysitters because her father never came.

What do I need to do in order to prove my ex an unfit father?

Q: My ex fiancé is the father of my child. He was abusive. Has admitted in text that his mind is a dark, twisted and Evil place, and he has moments where he thinks my unborn son isn't his. if he got custody of my son, his elderly and disabled parents would be force to take care of him. Because my ex would not.
Also, what can I do to make me look better in court?

Married To A Woman For 6 Years And Was Divorced. 20 Years Later I'm Retiring. Paper Says She Entitled To 6 Years Retirement

Q: I was married for 6 years in which in my divorce papers it states she gets some of my retirement She owes me over 30,000 in child support. Since she won't sign off her rights for my retirement. How much will she get and also how will that work since she owes me child support. What should I do ?

Child Support Question

Q: Soon to be ex wife left with Children. Took me off of her insurance plan without notifying me. She is the sponsor for my green card where she signed the affidavit of support. I have been unable to work my construction job due to a hip injury. Cannot have the surgery to get the problem fixed because I am uninsured even though as per affidavit of support she is supposed to provide medical insurance and help me financially for 40 work quarters/approx 10 years. She left me, moved away with my children and now has just sent me child support papers. I have no income currently. The courts want proof of income but I have none. Just received Green card less than 2 years ago. What should I bring to court and how will my injury impact the amount I am asked to pay?

How Do I Get My Ex-wife To Contribute Her 1/2 Of Our Boys' Medical Expenses As Well As Their College Funding?

Q: We have a divorce agreement that stipulates her responsibilities (see above). For 18 years I had medical coverage deducted from my bi-monthly paychecks She has never paid a dime in all that time. Also, the $40,000 dollars contributed to my sons' 529 college plans are also totally funded by me. She is now claiming her 50% of my teacher's pension (as is her right) leaving me in dire straits, financially. What are my options?

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