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May 2017 Archives

Child support Jurisdiction

Q: Thank you all for your advice in advance.
I petitioned for a downward modification in family court due to bad injuries i got on the job. I have been out since Feb. The company, after seeing the extent of my injuries chose to challenge the comp claim.
I had a court date yesterday for the child support and my ex wife's lawyer said Family court did not have the jurisdiction over the child support, Supreme court did and got it dismissed.
What do i do now?
I have no income to get a lawyer and no idea how to deal with this in Supreme court. She is also telling me she wants sole custody and is keeping the kids from me . I have joint custody according to the custody stipulation . Again i am temporarily disabled and have no income. What do i do?

Can I fight a preventive service investigation

Q: I have a 7 year old austitic son who has seizures he lives with his mother one night she didn't give him the medication because the doctor told her if it made him to hyper active to take him off ( or so she assumed) a he had a seizure the hospital called acs and they came to her home to evaluate and we told that they saw nothing wrong and it shouldn't last past 2 months after they we may have seen that worker 2 more times and that was it now 7 months later their back saying we have a preventional service case now their at my son's school unannounced and saying we are still being monitored I just want them out of our lives when she came seven months two visits later she is saying we had a status of indicated because my son's mother told them the truth about what happened now we are being hounded for a honest mistake because he is a special needs child and she is bi polar and skitzophenic

Do I have to pay counsel fees on family court in a different county if the case was closed?

Q: Family court case in the Bronx ran from March'16 to Dec'16 Divorce commenced Jul'16 to present. Can the more monied spouse be forced to pay family court counsel fees in Westchester Supreme Court at finalization of divorce?

I want to ask a question for a divorce lawyer!

Q: I am married for 7 yrs.I own a house for 2 yrs. before I married. I am on ssd. I really don't have any money. My wife works and doesn't pay any bills. ALL WE DO IS FIGHT.we don't get along at all. I want her out of my house and she wont move out. I asked her many times to leave, Please how can I get her out of my house, she is an alcoholic and drinks every nt, she falls on the floor, misses work a lot and is just not for me anymore, I'm at my wits end, How can I get her out of my life and my house? We don't have any c

Child custody- NY

Q: My son's father is taking me to court to take my son away from me. He threatened to take my son custody because I don't want to have communication with him. He is a violent person (he was arrested for domestic violence (hit me) and had two harassment file against him) I lived with my sister so he can call his son from her number. But still he wants to have communication with me or will take me to court. As I didnt agree, court is in two weeks. What could happen at the first appearence? Do I need to take my son with me? Can I alleged that he is a violent person and request a protection order?

Can a Child Support Order be Modified so that the Unreimbursed can be paid directly from his paycheck?

Q: My Ex Husband hasn't paid me any money for our Court Ordered 37% unreimbursed Medical expenses in 4 years, I've mailed him several receipts asking for payment and he ignores it. Can I move forward with requesting the unreimbursed medical to be taken from his paycheck the same way as his child support payment?
 
A: David's Answer:
Unless you incur a consistent, set-amount of medical bills each & every month, they can't enter the garnishment like that. You can, however, file an enforcement case, and then garnish his wages for the arrears (once established). Schedule a consult with a White Plains Child Support attorney for a full assessment

Still married to ex have a new baby with someone else how do i get the actual fathers name on the birth certificate?

Q: I am still married but we are not together and i have been in a relationship with another man for 4 years. We recently just had a baby but found out that his name will not be on our baby's birth certificate and my husband will be considered the father even though he isn't. How do i correct this and get the baby's fathers name put on the birth certificate and not my husband? A: David's Answer: Your can have the real father execute an Acknowledgement of Paternity. You should also follow-thru & file for divorce. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Child support add ons

Q: I received a violation of support order for add ons. dating back to 2011. The problem is their was never any order from that year. Can i have this thrown out ?
We were in court 2013 -15, she was ordered to provide proof of add ons, she never did . i did however make 1k a year payments to her directly in good faith. Also it states all medical decisions must be made jointly . this never happened. Now all of a sudden she is saying she has all the bills. there's something fishy with this. Is there anything i can do to fight this?

Child support modification due to injury

Q: Hello all. and thank you in advance . I am seeking a modification in child support due to work related injury.
The issues.
After serious injuries were found company is fighting the case.( I was taken off site in a ambulance .) Obviously i had to file for a downward modification of child support till issues can be resolved. I do not want to reveal details of injury to ex wife. Am i protected under HIPPA ? or am i required to reveal the extent of injury to her and the court? Thanks

A: David's Answer:
You'd need to reveal the nature of the injuries to your ex & the Court. You'd generally have a similar obligation to them as you would regarding your disability application - medical proof of your diagnosis, prognosis, and impact on your ability to work. Schedule a consult with a Bronx Child Support attorney for a full assessment.

What are NYS standard visitation schedule a Judge will issue if one parent has Sole Custody?

Q: Just wanted to know if I request a visitation schedule from a judge would it be for the entire year with holidays. How does it work? Will it be very detailed for every month.

A: David's Answer:
Generally (with many exceptions) a non-custodial parent would receive alternate weekend visits, a sharing of holidays and 2 weeks in the summer. Merely having sole custody does not, in itself, affect visitation. Schedule a consult with a White Plains Child Custody attorney.

How does De novo review works in child support?

Q: My child support has not been changed since 2000...my ex has been getting her cola increases without any objections...she tried to increase child support last year but the order was dropped when did not show up in time of the hearing...I have an house an 2 children I support my ex whom I have 2 adult children 20 and 21 years of age she could not prove the reason for the increase and my lawyer objections where granted...but I received a letter saying she proved to acquire increased expenses and can get a De novo review on the case that hasn't been reviewed since 2000...my lawyer thinks it makes no sense and will be disputing...We have had 3 adjournment back child support if she granted modification will start at the petition she refilled or 2000?...De novo means new hearing but starting from when?..thank you

Will my child's mother get in trouble

Q: My child's mother does not allow me and my child to speak on the phone when she's been ordered by the judge to allow my daughter to call me once a day. 8 days go by before I even see my child. Should I file a petition for this? She's already been told by a judge to allow phone conversations yet does not let me speak to my child. I have taken screen shots of every text I send my child's mother asking to speak to my child with no reply or phone call. When I call her she does not answer and my child claims the house phone does not work. I am constantly worried. If my child is home with no cell phone available and needs to call 911 there is not house phone for my child to use.

Can the courts change a reasonable visitation and issued a schedule or parenting plan?

Q: I have sole custody since my ex and I have been divorced. He has reasonable visitation but be can't seem to agree on anything. He shows up at my house unexpectedly and take my son and don't tell me what time he'll return. He tells everything to my son directly. It's very frustrating. Our son is 9 years old.

During supervised visitation, is non custodian parent allowed to bring other relatives to visit child?

Q: Are other relatives such as grandparents, uncles, cousins etc. allowed to visit during a supervised visitation session in the non custodian parent's home with a court order or directive?

How do I get back legal fees incurred due to the other Lawyer's office "clerical error"?

Q: I am currently at court with my husband for a divorce case. during the course of discovery process, my husband' Lawyer's office " made clerical errors"(this is based on what they said"), and was unable to present a lot of documents listed on the discovery noted. At that time, my lawyer and I did not know there was errors on their side, so we spent a lot of time asking for documents from my husband's lawyer, sending out subponeas trying to get the documents, then my husband's lawyer said there was clerical errors and documents were found somewhere and they sent some more documents to my lawyer, Now my lawyer's office has to work on the documents sent one more time.... A lot of legal fees incurred to my lawyer's work on this whole matter,and I am billed. How do I get my husband's lawyer to reimbusement for legal fees incurred working on getting the document due to their error and for trying to get their firm to reimbursement me? My lawyer asked for it but the other lawyer is totally ignoring my lawyer's request. Please advise? Thank you so much!

Can I travel outside the country if I owe child support??

Q: I used to owe 13000$ this march child support enforcement took out of my tax return 12000 so now I owe like 900 and they are getting money from my pay check weekly. I call the child support to ask if I can travel they said I should be fine that the only thing that is suspended is my license. I have a plain ticket to leave the country for two weeks in May. Am I gonna be stopped at the airport or I should be fine to leave??
 
A: David's Answer:
If you have a judgment for arrears, suspension of your passport is a possibility. You can call OCSE and/or the U.S. passport Office to verify any suspensions. Call a White Plains Child Support attorney for more info.

What is the Child support formula for non married, working parents of an 18 Year old ?

Q: we both work and our Son is now 18 years old
I have been supporting since birth and have put him through catholic HS
I pay phone and allow him use of my car so he can also work I have been paying his Mom ( through bank transfers) 1000 a month since High school started he graduates this June
his mom makes about 75000 a year and I make 125000
we had agreed until this year when she started to look at colleges she is now planning to take me to court
any advice would be appreciated I would prefer not to drag this into court if possible

Is it possible to have my original petition from 2010 reviewed to have my arrears reduced

Q: I was placed on child support in 2010 and neglected to handle it immediately causing a default judgement to be put against me and an arrears balance to accumulate. I feel as if the default judgement is based off my tax returns prior to 2010 and my salary dropped from 60k in 2006-2008 to 11k in 2010 due to some life mistakes I had made back then. In 2014 I went to court/child support enforcement office to make a payment arrangement and have been paying current and arrears on time since then. But the magistrate refuses to go back before 2014. Despite My efforts to rectify my arrears, I have had my bank account levied, as well as my vehicle seized. My child's mother and I have a very rocky co parent relationship and she is very reluctant to speak about it because she does not want to lose out on the money she feels is owed to her. I have filed for a modification and had it rescheduled because she refuses to show up. And instead of even letting me request an attorney they reschedule it again, not penalizing her for not coming to court even when officially served w/ papers. I would like to have My case reviewed to base my arrears balance off of my actual income at the time

Does an add-on modification potentially allow for a modification of the basic support amount?

Q: If I go to court to get an add-on for a support case modified, will me and the other party exchange financial information via our w-2s/paystubs as well? If I discover that the other parents income has increased by 15% during our hearing am I also entitled to a basic support modification at that time or would I need to file another petition to get the basic support modified?

A: David's Answer:
Potentially yes - here's why: the Court may still need to assess current pro-rata percentages, especially if your basic order is more than 1 year old. As for your 2d question: if your petition only sought to modify your add-on, then you'd need to file a separate petition seeking an increase in the basic support. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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