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July 2016 Archives

I Withdrew Funds From My Son's Custodial Acct Marked For College In My Div. Agree. To Survive, When His Dad Was Unemployed.

Q: His dad was unemployed for over 1 year. Now it's time for him to go to college. There are funds left. I told the Suppt. Magistrate when he went in for the downward & she said "Do what you have to do to survive." However, there are no transcripts to support this. Did I do something wrong? And if so, what can happen?

My Soon To Be Ex-husband Is Claiming I'm Keeping Our 7 Year Old Daughter From Him. She Refuses To See Him Or Even Speak To Him.

Q: He cheated and was back/forth for 2 mths. Last she saw/spoke to him was Mar 28 when he left for work out of town and looked her in the eye and said, "mommy and daddy are fixing things. You don't have to worry anymore. You and mommy are my only girls. I'll be back on Thursday to spend Easter as a family. He never returned and never called her. She was destroyed and had stress induced nausea and tummy aches for a week. 3 wks later he wanted to see her & she refused. I told him he needed to find a therapist to see w/ her so she could deal with all of it (he told her other lies over 2 months), but he didn't nor has he done anything legally. Will he have a case for parental alienation or a claim I'm keeping him away from her? He's said he's calling therapist but never has. It's all in emails.

Seeking For Recommendations Of What To Do With Parenting Schedule. Modifications? Other Options?

Q: My ex spouse and I have joint custody and children primary residence is with me. Since the settlement was signed my ex abused certain things we agreed to. He set up deadlines that he didn't keep which resulted in that kids vacation had to be cancelled and completely changed. Overnight visit didn't start as we agreed. He keep changing visitation schedule (canceling mostly not only due to work), and he fought with me over 3 weeks vacation in front of the judge just to tell me that he will spend with kids 2 weeks this summer. Since I am not working yet I'm accepting the changes but in the same time when I want to sign our child for Saturday program for 3 hours he doesn't agree because "it's his time". Is there anything I can do?

How to divorce? how long it would take to complete the procedure? how much it would cost me?

Q:  My husband and I have been married for nearly 9 years but as of today we are living as roommates under the same roof without any communication. He lives his life and I live mine. Note this situation has been going on for the past 7 years.
that's the reason I believe It is time for me to move on.

Interesting Family Court Scenario - Objection, Remand, Objection

Q: Support Magistrate was reversed on objection by Family Court Judge with proceedings remanded back to magistrate with instructions. Party seeks reargument of the Judge's remand order and is denied. Support Magistrate then issues a revised order which faithfully and correctly implements the Judge's remand instructions. Can a party object to his revised order? My argument is no because the objection to the revised order is effectively the same as the motion for reargument of the Judge's remand order. Party has also appealed the Judge's order if that matters.

Can a custodial parent file for child support even if the child is over 18?

Q: My husband has a daughter with a woman who lives in New York. She has never put him on child support and has never asked for assistance from him. Now she is threatening to take him to court because he can't afford to help with their daughter's tuition. He is already paying child support for his other 3 children with his ex wife.

2 marriages to 2 different people by mistake (NY/NJ)...I'm terrified...please help

Q:  I got married in NY about 10 years ago when I was 21. Due to domestic violence I left the marriage 2 months after. My ex prepared the divorce papers and I signed them. I never got a divorce papers from court. I was just happy to be out of the relationship and stupidly never followed up.

Interesting Family Court Scenario - Objection, Remand, Objection

Q: Support Magistrate was reversed on objection by Family Court Judge with proceedings remanded back to magistrate with instructions. Party seeks reargument of the Judge's remand order and is denied. Support Magistrate then issues a revised order which faithfully and correctly implements the Judge's remand instructions. Can a party object to his revised order? My argument is no because the objection to the revised order is effectively the same as the motion for reargument of the Judge's remand order. Party has also appealed the Judge's order if that matters.

Can a custodial parent file for child support even if the child is over 18?

Q: My husband has a daughter with a woman who lives in New York. She has never put him on child support and has never asked for assistance from him. Now she is threatening to take him to court because he can't afford to help with their daughter's tuition. He is already paying child support for his other 3 children with his ex wife.

My daughter refuses to go with her father for many reasons . Is there any way being 14yrs old she can get out of going with him

Q: Shes been refusing to go with him for many yrs she told me shes afraid of him and now my ex is taking me to court for full custody and claiming im alienating her yet i take her on the visits weekly or she wont go.Shes asked me if she can get out of going on the visits bc her schoolwork is so much and she doesnt have the time. Ehat should i do. Shes developed panic attacks from this visitation

Child Removed From Child Support Roster But Support Continues. How Do I Stop Support?

Q: Child Support for 3 children was $303 per week. Child Support Agency enforces COLA with new payment at $335 weekly, listing only 2 children and omitting one child who has reached Majority age.
PROBLEM: My objection to the COLA was that a downward modification should accompany the emancipated child. The court over-ruled my objection citing that I should have moved for Modification before the COLA was applied. Now I am paying more for 2 children than I did for 3 at the same salary. The implication from the court is that I have forfeited my rights to a downward Modification for the emancipated child. What can I do?

How Can I Get A Paternity Test For A Child Who Is Not Mine And Where The Mother Refused A Judges Order Previously To Take One?

Q: In 2011, after detailed testimony during a Fact Find Hearing, where the mother testified that she never told the child who her father was, Judge determined that a Paternity test was in the best interest of the child. Judge ordered the mother, child and alleged father to take a Genetic Marker Test. For the next 8 months mother refused to produce the child for the court ordered paternity test. After several hearings, Judge was advised that mother did not produce the child for the test and he did nothing. In November 2012, Judge decided that it was "okay" for mother to come into his court and disrespect him by blatantly disregarding his orders on more than three occasions and rewarded her by giving her what she wanted, NO PATERNITY TEST!

Can my husband kick me out?

Q:  I'm thinking of leaving my husband and he will not take it well. He has a bad temper. We live in an apartment. His name is on the lease, not mine. We have a 6 month old baby. Can he just throw me out on the street just by calling the cops? What are my options as far as my rights for my and my baby's sake? I have no income since I'm a stay at home parent. I have nowhere else to go.

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