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September 2017 Archives

I owe child support, im in the rears.

Q: I was working at one time and paying almost 800 a month, but i was young and didnt know to much about the chils support or going to court to get it modified. But i have proof of when i wasent employed am i able to get a lawyer to help with lowering the rears or can my kids more do it also. need help.

I want to complain about Bronx family court judge ?

Q: I want to complain about a family court judge in the Bronx. Since my ex gf (the witness) stopped going to court and stopped cooperating with them. The judge doesn't want to throw out the case. What to do. I feel the judge is bias cuz of my color

My husband is filing for divorce and waived marital property distribution, does that include co-op property?

Q: He wants to have a verbal agreement leaving me with apartment. He will help pay the morgage until i can refinance. How can i trust that if he abandoned me! I cant afford the expenses. What should i do?

Given all of the info below, shouldn't the held premise, that the non- fostering of a relationship, defeat Tropea?

Q: I recently concluded a child relocation case in a New York Supreme Court. The judge cited the proceedings and his observations during the trial. The wife admitted beating me, the husbandand and having me arrested by making a false statement to the cops, bringing our son late for visitations, etc. She stated that she placed little faith that the custodial mom would do anything to foster a relationship with the non-custodial father. Such is her hatred. To boot, the attorney for the child stated the same thing. There was never any abuse claimed by the mother or child or anyone else, but citing all the factors in Tropea v Tropea (all purely speculative, however, e.g., the school system would be better, despite her not knowing where they would live, and neither does the judge), she granted her move with our son to the West Coast. i would like to have an as normal can be relationship with him as possible; it would be just about impossible for us to see each other. The judge even suggested that she would be unaccountable in another court's jurisdiction.

My daughter's father isn't being nice to her and is taking his gifts back. Can he do that ?

Q: I won sole legal and physical custody at the end of August. He has visitation every other weekend Saturday morning to Sunday evening. He originally waa fighting for Thursday to Sunday every other weekend but it was denied and I won. Since then my daughter comes home crying after every visit saying how mean they have become. I feel like they are taking it out on her since she told her lawyer she only wanted one night every other weekend. She is currently 8 years old. She told me that the presents they got her for her birthday that they gave it away to her father's girlfriend kid. Gifts of jackets and coats he wants them back. They made her a knit doll 2 years ago and now they want it back. I really don't care if they want their stuff back but it is affecting my daughter. I don't think it is right. Can they do that? She has also told me that her father called her a selfish little brat like your mother...and that he told her if she wanted him to sign a paper so that he isn't legally her father...she is 8 years old. I feel like this isnt appropriate. Can I suspend his visitation or request supervised? What can be done? Can I deny him getting the doll back?

How much would I have to pay to file a writ oh ha rid corpus in New York Family Court?

Q: I have a custody document from New Jersey and the child has my son in New York so I have to go to New York to present the custody document to retrieve my son whose resident is in South Carolina. How much do I need to file that document in New York?

A judge dismissed a domestic violence order I had on my sons father because the scs case worker fabricated events that happened.

Q: Acs worker Felicia cassada fabricated events that did not happen and she wanted me to back her claims. I could not and told the truth, we argued. Could they say I'll keep my son in their system. I completed all the programs asked of me and now they want me to go to individual therapy.

How to find out If I'm married or divorce?

Q: In 1999 I was having issues with my mom. I met a man from Pakistan whom I really thought was my friend. He helped me when I was down. He convinced me to marry him bc I wasn't going to suffer. We married in Yonkers.
One day I over heard my husband telling someone on the phone that he married me for his green card.
When I found out what that meant I ran away and I haven't seen him since.
Now I'm 42 and in love with the best man. And would love to get married. Need more info on how to go about knowing if I'm married. 

When do you stop paying child in NYS?

Q: I have a child support order for 2 children, who are now age 22 and 20. The 22 yr old graduates college in December the 21 yr old is working. If the 21 yr old decides to go to college next yr a month b/f the 21st bday do I have to continue to pay and when do I stop paying?

Order for and notice of court hearing , return of service civil protection order?

Q: Why was this sent to me , it states
She has been a victim of stalking She requests for court order the following conditions To not send gifts to her residence Then it says she request ex parte because she believes she's in immediate danger Then it says after review the court finds The allegations of the avidavit meets the requirements of section 186a and a hearing is scheduled . Then it has a statement of conditions in which see seeks relief She writes I showed up at her house on 8/19/2017. She was not home and her brother in law notified her the children opened the door , and that I was asking about her and if she was home , and that I continue to stalk her by sending emails to her gmail account , and that I searched Google to find her gmail account because it has her first and last name . Says I continue to stalk her and her twin sister , and that I send gifts every month from 1800 flowers.com and she took a picture of each gift and threw the others away . , I haven't been violent or harrasing her .I haven't spoken with her at all since I've been writing and sending her flowers and other gifts . but the extent of me writing is saying I miss her 

Where can I educate myself - civil procedure for OSC Contempt of FJOD and enforcement of support arrears?

Q: Infuriated lawyer, told me dont ask questions. 1yr into OSC for contempt arrears $500,000. No idea whats going on. Hearings councel meets with Judge, I'm called in at end. Why? IRS documented Tax Fraud & Identity Theft, acknowledged as victim of crime. Referred to OVC. I am sick w/o ins coverage for treatment. Ins. part of FJOD. Throughout 1yr course of events Ex has continued in contempt, dont know if Judge is aware. Pays $0 in support. FJOD 50% of gross income. Public record, he speaks of accolades, in top 2% of sales for his national brand. Claims to court hes an indigent banker/investor. Bank statements, 1 acc. shows $24,000 mthly. dep. No expense
New federal investigation began. Electric shut off- hospitalized. Have draft of motion, no sign. Using my po box on bank docs, my home address on his personal cks. My neighbor's address on tax return & alimony filed SS#123456789. Police report filed. If deception was presented to court Judge would know hes not credible. Dont know what info Judge has. Do not believe its same documents I have. I need help. My Illness is being used as a weakness. Medical treatment at mayo clinic has been haulted. My children deserve stability & a Mom. 

Do I ha e rights to know where my daughter lives even if there is a restraining order against me?

Q: She moved my daughter to Florida and I don't know where and I want to k ow where my daughter is...we have not gone to court for custody yet but I want to know I I have rights to know where she is

Can I petition to have my child adopted rather than give away custody ?

Q: I need to permanately remove myself from my 15 year olds life. Every year I'm fighting new charges against me because of her. I don't want any part of her life including paying child support. If I'm sued for custody I would be facing that.

Can I evict my wife from my co-op apartment that I purchased prior to our marriage?

Q: I purchased my NYC co-op apartment, moved my then girlfriend and her daughter in to the apartment about a year later. We got married and she has assisted me with paying maintenance while she has lived with me. We are now in a very bad place and will be getting a divorce. We have agreed that she will move out but I want to ensure I'm able to enforce this given that we are now sharing an apartment even though we are no longer in a relationship. 

I pay child support for a 17old, I am retiring do I still pay child support on top of my pension qdro order?

Q: My son is 17yrs old, I still have to pay until he is 21, I am retiring in 2019 he will be 19, my qdro states she gets a portion of my pension masjukas formula, will I be paying child support and the qdro ordered pension payments too until he reaches age 21? I will not be able to survive.

Although this was a crim case invlving a Constitutionl right, wouldn't the constit also come into play in this NY reloc case?

Q: I lost a relocation case in a NY Supreme Court. My attorney thought it was best that I, the defendant, shouldn't take the stand. In her closing argument, the kids' mother's attorney, "jumped all over me for this". I just read about a Tennessee murder case, State v Noura Jackson; the TN Supreme Ct. overturned her conviction in part, because they ruled that the Constitutional right to remain silent, means that a defendant's decision not to testify "should be considered off limits to any conscientious prosecutor" , so that the jury doesn't view it as an implicit admission of guilt. I want to appeal the relocation based upon this and other factors.

When a child support order is vacted in NY is the language, admission of paternity, and custody also vacated?

Q: Father admitted paternity for purpose of paying child support. Fathers name is not on birth certificate or any other legal document. Mother is granted child support and sole custody of child. Later father is garnished for child support, files for temp custody of child because child lives with him due to the mothers eviction. Court grants temp custody to father. Father immediately gets child support order vacated that established paternity. Father now wants sole custody to a child he now has no legal parental rights to. Mother has reestablished housing and job.

If I file for child support do I have to change my sons last name to his father's once the dna confirms paternity?

Q: My son is 12 years old and now is when my child father's family members are looking for my son. My son's father has never looked for or wanted anything to do with my son and still wants nothing to do with my son. My son currently has my last name and has had it since birth. If I file for child support am I required by law to change my son's last name to his father's last name or can my son stay with my last name?

Our son is currently 2 months, me and my boyfriend broke up . Do I have to let him see the baby ?

Q: After our son was born that same day I was getting discharged my boyfriend at the time wasn't there I was texting him to come but he blocked me on everything that day because we had an argument that night before . So he did not sign his name on the birth certificate and our child had my last name. He's petty and claimed I started the argument just because of the last name.

Can I refuse to give the father of my unborn baby any paternity rights?

Q: I got pregnant by a guy after only dating 3 months. He became very verbally abusive and tried to intimidate me with a air gun for me not to leave him. He has an alcohol addiction, and has PTSD from serving in the army. I have tried to tell him that I don't want us to be more than co-parents but all he does is get upset and tell me that I'm tied to him forever and threatens to hurt my brothers, my father, or any man in my life by reminding me that he can shoot them from a mile away. I'm starting to feel like it's best if he's not involved at all. I left my apartment in PA and moved to NYC with my dad. I need to keep him away from me and my family.

If my child mom lie to the cops & the father proof it in court,when the mom goes to jail for perjury,do dad gets care of child?

Q: Dad is on the birth certificate and provides for his child financially, there's no child protective services involved. Does dad get physical custody without having to answer to nobody legally and the child has dad's surname as well.

Tempoary guardianship of my two grandchildren?

Q: My two grandchildren have lived with me from birth but my housing complex said that i need custody of the children to add them to my lease . They're parents are hard working single mothers and are not on drugs or anything just need help with a stable place to stay and help watching the kids while they work the grand children are 6 and 10 years old.

If grandparents spank child for discipline can father take action?

Q: My boyfriend has a child with his ex. His daughter is 3.5 years old. The child has always lived with the mother and the grandparents. There has never been a court order but they seem to always compromise on holidays and visitations. My boyfriend and the mother of the child do not have the means to physically or financially care for the child and so the grandparents have always taken over. While the mother was in college the grandmother babysat the child. A few months ago they both agreed to have the child be sent to Puerto Rico with the grandparents while they both situate their stuff so that when the child comes back they will have the means to take care of the child. A day ago the child told my boyfriend that her grandparents spanked her and he has basically lost it and doesn't agree with physical discipline. He asked the mother if she was okay with it and she said yes. He is saying to me that he is going to tell them that if he doesn't agree then they cannot spank the child. What legal say does he have on that topic if the grandparents have basically raised the child and the mother consents to spanking as discipline?

Family law advice

Q: during 2016 my son's father got a visitation order from the courts. For the summer it was 7 days me, (mom), 7 days with dad. I have a super quiet child who keeps to himself at all times but lately every time he comes back from his dad's house, he's crying all the time, even to leave. Before the court order was finalized my son who was 10 at the time was assigned a lawyer and he told her he didn't want to spend all that time with his dad, they didn't investigate why and they completely disregarded his wishes. He finally opened up to me and told me that his dad has been calling him a bunch of curse words and yelling at him, bashing him, bullying him, telling him he's invisible. At this point he doesn't want to go anymore with his dad. His dad is one of those people who likes to do what they want and if my son told him he doesn't want to go he's going to come to my door and cause a big scene. What is the right thing to do so that my son isn't being tortured in that matter. 

OSC for contempt. Out of state divorce governed by the Supreme Court. Is a county court general jurisdiction the proper court fo

Q: divorce judgment it has to be in a court of competent jurisdiction. Is the court of General jurisdiction in New York state a court of competent jurisdiction equal to the Supreme Court of Florida? My question is the court in which is an ordere to show-cause is filed in a court of General jurisdiction not the Supreme Court. . In the order for enforce my final judgement of divorce , my case should be heard in a court of competent jurisdiction , NYS COURT is not a Supreme Court changed. I'm concerned that court of General jurisdiction is not the right Court for the origin show cause to be filed with . Any assistance would be greatly appreciated .

Child support and ssi benefits ?

Q: Baby has ssi but the income is not enough can I get child support while the baby is on ssi? The baby temporary do not live with me lives with my mom and she is the payee how do this work is ssi income calculated? If I get good engouh child support order can I cancel the ssi? I am planing to move child back home with me and the ssi will terminate due to my income I need to know can I take him to court now with the ssi then terminate when child moves back home would that affect child support

Does Sole custody and termination of visitations for non custodial parent grants free relocation without any restrictions ?

Q: I have been the primary caregiver to my child since her birth. Visitation right are not exercised for 2 years. There are multiple violations of payment for child support. I have in mind to file for Sole custody and termination of visitations. I am curious about relocation because I am soon to graduate college and would like to have freedom in expanding my job search outside of NY state in order to benefit living conditions for my child. I would not like to be bothered by relocation case upon receiving a decent job offer outside of NY state. 

Visitation rights are not exercised, what can I do about it?

Q: My child have not seen her father for 2 years now, even though there is an order for visitations. He even refuses to speak with her on the phone. She is at that age now , where she realizes that she has a father, and she misses him ( even she does not know him), she feels sad very often and expresses it. I am terrifies to think that she will have psychological issues because of that later in her life. I am heart broken right now, and feel frustrated as a parent I can not do anything about it. Can I enforce visitations somehow through the court system? I am in NY.

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