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August 2017 Archives

Is child care such as summer camp and after-school programs something I can have added to the child support the father pays?

Q: I took my daughter's father to court five years ago for child support, I never went back to have the amount increased or to request more money. For the past two years he has refused to pay for her summer camp and after school. When I have approached him about it he tells me he already pays child support and that if I want anything more for me to take him to court.

How do I get the recent post-nuptial agreement I signed disqualified?

Q: I agreed to dismiss the divorce action I commenced if we entered into a post-nuptial agreement. We both made full disclosure of finances and had full and separate legal representation. The agreement was very fair. In exchange for some concessions on my part, my spouse agreed to have incomes and retirements separate as of the date I filed for divorce (because that would be the date the court would likely use if we proceeded to divorce). I am the higher earner. We also agreed to contribute to the household, including college for the kids, in accordance with our incomes (me contributing more). Problem is two months after signing the postnuptial agreement; I realized that my lawyer left off the filing date in the retirement clause, which means in the event we divorce, my spouse would be entitled to his Majauskas share of my retirement up to the new filing date. I asked my spouse if he would be willing to have the agreement corrected to state the original filing date. He said no. Do I have any recourse? If I file again, will the original filing date be used? or the new filing date? I don't really want to file again, but don't want him to be entitled to half after that date.

What are my rights as a wife for divorce and child support hence I married in Cozumel Mexico?

Q: My husband and I both are citizens of the US and had gotten married in Cozumel, Mexico 6 years ago. But my husband doesn't want to get a marriage certificate here in the states. We haven't had relations for a year by his choice because of my religious beliefs and he is threating to leave me and our 11year old daughter because I have several documented illness and threatning to have sex with other women because of my religious beliefs! He has "lost his wedding ring" and he doesn't support us financially other than half the rent and detergent for me to wash clothing. What are my rights please?

Why does the amended IWO show the same amount as the original IWO?

Q: I keep receiving amended iwo letters from the child support agency, but the withholding amount in the letter is the same as the current charge from my paycheck. I get charged 119$ a week for childsupport from my paycheck and the amended IWO shows the same amount to be charged. Why send an amended IWO if the amount is the same?

How can I get an illegal alien to pay for child support ?

Q: I recently filed for child support , the problem is he pays child support when he wants to , when I went to court they gave him the amount he has to paid weekly to our son, the problem is he doesn't pay he actually owns our son about 2,000$ . Hes illegal in the united states and at this point I really dont know what my next step should be ?

What measures to take to safeguard Marital Assets (Married for 30 years)?

Q: I do not want divorce, want to live separately. We do have marital assets(houses, 401k, stock options, retirement), all acquired during marriage). Husband in late sixties still high wage earner, I am early sixty (low wage, part time). Can I apply for spousal support while living separately. Do not want my husband to make changes in his will or reallocation of assets. Please give me few ideas before recommending to speak to a matrimonial Lawyer. 

What legal rights do I have with my son's father if we are unmarried and no longer cohabiting?

Q: My son & I left his fathers home when my son was about 2 weeks old due to the verbal & emotional abuse my ex was inflicting upon me. Fast forward to today, where our son is almost 6 months old & there have been plenty of arguments, more abusive (not physical) behavior, & he went an entire month w/o reaching out to check on our son. He did send his portion of the daycare tuition via paypal during that month we didn't hear from him and I have no desire to take him to court for child support. He expressed to me twice that he never wanted another child (he already has a 5 yr old w/ a volatile ex) after the child was already born. He gave me a hard time at the hospital and refused to sign the birth certificate until a DNA test was performed. We were together for 3 yrs at this point. DNA test was performed, paternity confirmed & he is now on the birth certificate as the father. At this point because of the verbal, emotional & mental abuse, I do not feel comfortable at all having him around my son without my supervision. He says he has a right to take him if he wants to but I need to know what my legal rights as his mother and primary caregiver. What can or cannot i legally do or allow?

Is switching an attorney in the middle of a divorce very expensive?

Q: I have hired an attorney through a referral service who has reasonable rates and retainer. I do not have any personal recommendations for him? I am hoping it will all work out well, but in case it does not? What are my options?A: David's Answer: On the one hand, you'll need to pay the new incoming attorney to "get up to speed" by reviewing the prior legal file. On the other hand, you need to ask yourself: what's the price of sticking with an inferior attorney & losing your trial? Could you end up losing custody of your children? And if so, what price tag do you put on that? What's the best/worst-case scenario on payment of child/spousal support? Often times, when calculated out over several years, one is talking many, many ten's of thousands, if not hundreds of thousands, of dollars. Having a good, well-experienced attorney representing you is often far better given what you stand to lose. Schedule a consult with a Westchester Divorce attorney for a full assessment.

?what does it mean when the attorney says they accept the decision with prejudice

Q: Family court threw out my exs request to lower support - and reinstated full support which he had stopped- his attorney sent me a letter saying they accept the decision with prejudice as no hearing was held- I am confused as to what this means

Can I travel or move to a different state without consent ?

Q: My son is 5 his father isn't on the birth certificate we did go to court judge claim him as the father no modification of the birth certificate and no custody was spoken of I'm planning a vacation and moveing to a different state what should I do

Is there case law for a divorced parent who can't escape the college obligation due to estrangement resulting from abuse?

Q: Our 18 year old daughter is about to go to college, and my ex doesn't want to split the college expense. In our divorce agreement it states that child support should not represent a credit toward the college obligation. (My spouse had custody then but not now.) The complicating factor is that our daughter has been abused by my ex -- involving police called by neighbors, supporting orders of protection -- both temporary and full, witnesses to older sister being physically abused, etc. In the OTSC my ex just submitted pro se, many 'reasons' are included: inability to afford it, prior lawyer gave bad advice, etc. But the only one I'm concerned about is estrangement. There must be some sort of precedent where estrangement is attempted but denied due to abuse.

I want to move out before I file for divorce. How can I protect my rights when I move out?

Q: 1. Married for 37 years.
2. My spouse is 68 years and earns high income. I work part time and low income
3. Has 401 k and retirement plan
4. We own 3 properties
5. No debts.
I want to make sure that nothing gets touched when I move out and file for divorce later. At the time of filing for divorce I don't want to be in the same place. A: David's Answer: Mere possession doesn't affect asset distribution in a divorce - thus, you're generally able to move out (especially when there's no minor children involved) without repercussions. If you need money to move out, you can file a petition for spousal support in the Family Court first before filing for divorce. Bear in mind, however, that a mere Family Court filing doesn't restrain him from disposing of property/assets - only a divorce filing does so. Schedule a consult with a Westchester Divorce attorney for a full assessment.

My is 1 year old father and I have joint he doesn't fallow court order Visit ?

Q: My song is 1 me and dad have joint he has to have him every other weekend and 3 full weeks in the summer some night during his visite with dad I have to pick him up at 2-3 o'clock in the morning because baby won't stop crying I want full custody and to end sleepover what can I do ??

How can we try to stop the false accusations brought up by my husbands child's mother?

Q: The mother to my husbands child started to accuse my husband of neglect and not feeding his son when she found out we were dating. She put us in an cps case the moment we became engaged. She then took his son on a three week vacation without his consent and interfering with two of his court ordered visitation. Then on his birthday and the day before we get married she decides to call the cops accusing my husband of being under the influence, however we have audio and video recording of her denying that he was in fact under the influence and that she just had a "gut" feeling. Is there anything we can do to at least stop the false accusations being brought up by this female?

Can I do motion to enforce child custody in the Bronx when divorce was granted in westchester county ny

Q: I lived in westchester when divorced commenced three years ago. Subsequently I moved to the Bronx ny. Divorce was final in westchester. I live in the Bronx for 3 years. Can I move child custody issues to bronx

Child support recalculation - How to calculate FICA deductions on an income cap?

Q: I am recalculating child support (done every 3 years averaging income.) My agreement reads that "recalculation shall be based upon Husband's income only, up to $200K." In 2 of the past 3 years his income exceeded $200K ($253K and $203K respectively.) FICA deductions need to be considered in calculating his AGI. Am I correct in determining the rate at which FICA was calculated on his total gross income ($253K and $203K) and proportionally deduct the same percentage from $200K? This seems like the logical way to calculate. He lives in Florida, we were divorced and I reside in NY with our 2 children. Thank you for your assistance.

Can I be taken to court for child support twice after the case got dismissed last year ?

Q: I was orderd to court twice last year for child support and paternity the mother didn't show up twice so they dismissed the case now I'm being ordered to come to court again I thought this situation was over when they dismissed the case last year

How can I win full custody for my daughter ?

Q: My daughter been living with me for 8 years and now her mother wants to be a so called mother and take my daughter from me and now she has a order of protection against me so i won't see my daughter right now please help me and give me advice on what to do to get my daughter back for good ?

CHILD SUPPORT

Q: Hello, I have two step children who moved from New York to Florida. I'am married to their father which never filed taxes because he always worked under the table and is an immigrant. My question is Can their mom make me pay child support for his kid. We are legally married. I'm only 21 and attend school. The father is 33 and mom 32. Me and my husband have a child in common. I would like to know which laws apply from which state, etc.

Can I File A Lawsuit Against ACS For Emotional Distress, Illegally Sharing My Medical Status & Removing My 3 Children.

Q: ACS has taken all 3 of my children (5 year old daughter & 4 day old set of twins) and placed them with my paternal grandmother. There is no neglect, or no abuse (physical or mental) no drug abuse etc. The case was originally for me not taking my meds for bi polar disorder and for my medical status. Being that I am a single parent I chose not to be on those meds because it would make me nauseous, have diarrhea, vomiting, sleepy basically not functioning enough to care for daughter, so i chose to put my child first. Eventually these things were made aware to certain persons who felt this was cause for an ACS case. My investigative worker visited me in my home and talked very disgustingly to me with no respect or consideration of my feelings. She would say to me "you have a chronic disease" & "you don't care about your life". She would constantly twist my words and talk down on me. I Went to court and they stated their accusations as to why they felt my child needed to be removed and the judge ruled in my favor, long story short I was put in a drug treatment program for marijuana which I stopped smoking once finding out I Was pregnant (They were born drug free) please ask for more

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