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December 2017 Archives

If I withdrew my no fault divorce action WITH prejudice, am I stuck married for life?

Q: Just before my divorce trial, I agreed to withdraw my no-fault divorce petition if we had a post-nup written up. I agreed to this so we could wait until our youngest graduated high school. The opposing attorney told my attorney to dismiss WITH prejudice and he did. I want to refile mid next year. What does "with" prejudice vs. "without" prejudice mean when pertaining to divorce? We live in New York.

Hello, I am going through a custody case in Bronx, NY. I had a friend serve the defendant, but defendant claimed she was....

Q: I am going through a custody case in Bronx, NY. I had a friend serve the defendant, but defendant claimed she was never served. Her son was served and yes he is over 18 and he does reside at the same address. This is due to child abuse, my friend has to go to court and testify that she did serve the son who is an adult. What will the family court due to the defendant or her adult son? The sons signature is on the doc stating that he did receive the papers.

Can I sue ACS, live in the Bronx. Acs violated my rights and took my kids from me in court?

Q: We had false alligations against (currently in court) my husband and myself which led to acs taking my kids from me while in court. They lied and told us we have to be in court because they have a warrent for my husband arrest which was not true. We never even had an acs case in court, but when we did show up to court they took our kids and kept us from seeing them for almost 2 weeks. We only saw them once. We had a 2 week long 1028 hearing because apparently the judge was also clueless as to what was going on. ACS lied to the judge telling her they sent us letters to come to court (no letters ever sent to our home). So they was able to file a petition for our kids to be removed from us. We did get them back home. However our kids are still traumatized and their clothes, sneakers, and even my daughter's prescription glasses were all stolen while my kids were at the children's center, although this happened about a month ago. According to the court acs has failed to prove the imminent danger which they claimed led to them taking our kids in the first place.

Hi, if you are married and your spouse walk out for 7 months, what should i do?

Q: I wanted to move bk to trinidad because i dont have a green card, he promised that we can still have a future if i say here in the u.s (he is a u.s citizen) but for some reason i think he is using my situation to his advantage, i really love him and still have hopes that we will work out.

I have custody, what if dad don't sent kids back during visitation?

Q: I live in NY and dad lives in FL, I have custody through the courts , I let dad have the kids for Christmas vacation , now I am worried he won't return the child back before school starts. What can I do if my child is not here on Jan 5th?. I live in NYC Bronx.

What are my best options to be able to see my son. I received temporary order of protection and a summons for custody/vis

Q: My son is currently 2 years old. Myself and his mother were co parenting without any issues. The petitioner found out that I was in a serious relationship with another women, and abruptly left with my son to an unknown location. With me being concerned I finally get a chance to speak to her on the phone and she simply says "I have nothing to say to you" and hung up. Few days later I receive a summons for custody/visation and temporary order of protection against me saying I threatened her and broke a tv,which is completely false. I understand that they might not see her selfish ways, so at this point I'm looking for the best way to approach this without causing more stress for everyone involved. Any help is appreciated. Thanks.

Can my soon to be ex get the IRS involved in our divorce to hurt me?

Q: I own 49 percent of my family business. She came up with a ridiculous proposal for maintence and ownership of the house. Also child support which is not a problem. I am afraid she will get the IRS involved just to hurt me. Also my father is the owner. She is very hostile right now.

I want my ex to suffer

Q: My ex owes me money and he has abused me physically, emotional and mentally. He is on the run from the states and is in Canada. We met in Korea, at the time I didn't know. I want he to suffer as much as I am.

What happens if you do not include all of your jobs on child support court date?

Q: My boyfriend was unemployed for a few months so when he started working again he took on 3 jobs. He has 1 full time job and the other 2 are part time jobs that are temporary. His full time job is 36 hrs a week. The other 2 part time jobs is 20 hrs and 12 hrs per week. We live together and have a child together. His ex who he shares an older child with, served him child support papers cause she wants more money then what he was offering her. With all of his jobs he is working 68 hrs+ a week which is why at the present moment he is making a good amount. We don't think it's fair that they calculate child support based on his 2 part time jobs since those are just for now to build up a savings and then he will quit them. He wants to only put down his full time job of 36+ hrs a week and not include his part time jobs. Can he do this? If he only puts the info for his full time job, will they be able to see in court that he has other jobs?

My ex husband filed a temp RO b/c i contact him at work, follow up on missing alimony. he claims this is extortion?

Q: my ex husband filed a temp restraining order because i contact him at work, asking for the alimony that he owes me. he claims me contacting him on a regular basis asking for money is extortion. he does not state in the paperwork that all the dates he's quoting i called him are documented by me as late payments that he missed. he's currently in violation of the judgment still!! he's owed me money for at least over a year now. if i contact him to ask him to pay me (what he agreed in the judgment to pay), is this extortion? he's claiming i'm "threatening him" by saying i'm going to send cops to his residence. I told him if he doesn't pay me as he's supposed to, i'm filing an OTSC against him, and ask the judge to allow me to have NYPD serve him at work or at home (since i don't think his lawyer actually works for him anymore). he says this is extortion and threatening. is it?

Does a written agreement count as child support document in court?

Q: My boyfriend and i have a baby together and we live together. We have a written agreement signed by the both of us of how much he is to contribute to supporting his baby each month. His ex just placed a petition for child support for his oldest child since she feels he should be giving her more money. Since he lives with me and our baby and we have a written agreement of how much he is supposed to contribute to our child, can he use that as proof of the fact that he is currently supporting another child so that they take out less for child support when he goes to court. Or will the fact that it isnt a court ordered document mean that it wont be permissible in court? I know that the court papers says he needs to provide proof if he is supporting other children along with his paystubs, etc. Since we live together we didnt go to court for a court ordered document, we just have a written agreement between the two of us.

Can a custodial parent just live off of my child support? Can I enforce wife to pick up kids as the divorce decree states?

Q: I make over $150k a year. I was divorced in georgia and I pay $2121 per month of child support. I now live in New York and so does the custodial parent and the 2 kids. I have two children. we have joint custody but she has primary custody. Am I paying too much in child support, she doesn't work and is not looking for a job. She lives in the Bronx while I live up in Albany, Ny area?  Next question is on divorce decree I get kids every other weekend and I have to pick them up on Fridays at 6pm (3 hour drive to pick them up in bronx and 3 hour drive back to albany, ny to drive them to my home). On the decree it states clearly that mother is to pick them up on Sunday. Can I enforce that the mother picks them up and make the 3 hour drive to get them in albany and 3 hour drive back to the bronx. I have been driving a total of 12 hours each weekend to pick them up and return them. When i don't pick them up on the weekend she makes me feel like a bad parent. I work full time and can't always make the 12 hour journey every other weekend.

How is child support calculated for non custodial parent if he has a 2nd child?

Q: My fiance and I live together and have a child together. He also has another child from his ex. That child lives with his ex. She just served him papers for child support. This past year he was unemployed for a few months and the year before that as well. He has been working per diem the past few months picking up shifts and has just got a full time job but is on probation. How is child support calculated? Is it based on his past income tax annual amount or his current weekly amount? The fact that he has a 2nd child, is that taken into consideration? Is the amount of rent he pays taken into consideration? 

Child support?

Q: My kids father & I have 2 kids together we have been back & forth to court for over a year. We already established threw paternity test the kids was his. Since then the judge has set a amount he must pay every 7 days...it's now up to $27,000 in total that he has owed to the kids & he has yet to pay. My question is when can I judge say enough is enough lock this guy up cause he refuse to pay! I mean I don't understand why keep letting him walk free... He has agreed to pay but is NOT DOING SO. HE SWITCHES JOBS SO THEY CANT TAKE MONEY AWAY FROM HIS PAY CHECK. ONCE HE FEELS LIKE THEY GONNA TAKE MONEY FROM HIM HE GOES TO THE NEXT JOB NOT TELLING HIS EMPLOYER HE HAS A CHILD SUPPORT ORDER IN PLACE. SO MY CHILDREN HAS YET TO BE COMPENSATED. I REALLY THINK THIS GUY IS JUST FREE AS A bird & ITS NOT FAIR CAN I REQUEST FOR HIM TO BE IN PRISON DUE TO FAILING TO MAKE PAYMENTS? SINCE MY KIDS AREN'T receiving ANY MONEY ITS NOT LIKE THERE GETTING ANYTHING CAUSE HE IS NOT PAYING..IF HE IS LOCKED THEY STILL WONT BE GETTING ANYTHING EITHER. SO I FEEL LIKE I NEED TO STOP HIM 

What to do?

Q: My son just turned 22 and I'm still getting payments just found my divorce papers and it was suppose to stop at 21 I'm lost 

I have a child support case file against me which none of these kids belong to me I never heard of these kids?

Q: I go to school and very little to go on financially. I have not seen this person for over 20 years , I happen to have one child with her which my son is now 24 years old 

Can I legally do anything to keep my father away from me?

Q: My father used to beat me and my mom because of that I've been scared of him since I was a little girl.He doesn't live with us but he picks up my younger siblings and takes them to his house sometimes.And today he came to my house to see my younger sister and he told me I had to go to his house this week.I froze in fear and just said yes.But I'm 17,I don't want a relationship with my father I despise him for what he did to me and my mom.Is there anything I can legally do to finally feel safe and happy and make sure he doesn't try to force me to go with him ever? Being around him makes me scared and uncomfortable,I just want him to leave me alone so I can try to be happy and live my life. 

My kids dad served me with some custody papers few days ago can he get full custody ?

Q: We were co parenting great we were doing good up till now he served me with papers we split up 4 years ago and since then the kids been going back and forth school days they with me and on weekends with their dad. If holidays he wants them i don't say no or summer vacations i don't say no... he works weekdays n sometimes weekends he has no time for my kids. He drops them off in different places instead of leaving them with me.and right before thanksgiving my oldest daughter walked in on him and his girlfriend having sex 

How do I get the Family Court judge to consider my Power of Attorny or custody petition/filing in a foster care hearing?

Q: When I found out that my grandchildren were in foster care in upstate NY, I had my daughter sign and certify a Power of Attorney. We gave the document to her court-appointed lawyer but as far as I know, it was never presented to or considered by the judge. Next, I filed for custody. This petition was thrown out because the court decided I had not properly established a prior relationship with the court. Finally, I filed for Visitation. This time the judge set my petition aside for a later hearing. 'Unless, he said as he made eye contact with the woman who now has custody, ...'unless the (foster) mother will allow visits...'? Well dear reader, the woman shook her head "no" in answer to his question. At this time, the CPA has investigated me and found me guilty of some ambiguous child abuse charge I was supposed to have recently committed even though I live miles away. My granddaughter has been prompted to tell her law guardian she is afraid of me and though the law guardian was quick to present that information to the court, to my knowledge, never investigated my grandchild's living arrangement on a consistent basis. 

I'm only 19 how can I become my niece and nephews foster parents ?

Q: I am only 19 years old. Currently my mother have custody of my niece and nephew. My mother can no longer Care for my niece and my nephew. My brother which is my niece and my nephews father does drugs and has a drinking problem. Their mother also is unstable doing drugs and drinking as well. She is mentally unstable too. My mother works full time and feels as though she can't take care of them any longer and her husband is very sick. She is going to hand them over to foster care soon . Is there any way for me to become there legal guardian or foster parent? I'm currently about to move in a two bedroom apartment if that makes matters better. 

Can I get a court order or file a petition so he can't leave the state or interfere with my parenting time?

Q: My ex currently has sole physical and legal custody of our son. My weekend visit is up on the 22nd -24th of December. AFTER the final order was written, he decided to throw out that he wants to take our son to Boston for Christmas however it directly interferes with my parenting time and his lawyer was told by me that I do not agree. I'm supposed to have him that weekend and wanted to make sure I'm within my rights to keep it that way. Also, the order says nothing about the vacation or vacations period but I do not approve of him going out of state with my son. How can I proceed with this? My ex lawyer has ceased communication since the case is pretty much over and I need assistance. I do not have money for a lawyer and could really use representation or help thank you. I'm in a shelter. 

Can non custodial parent pay less child support if quits job and moves out of state?

Q: My daughter's father is on child support and has his checks garnished. A few months ago I found out that he will be moving to Florida. He works as an EMT and I just received papers that he wants his child support lowered and for the arrears to be lowered as well. He owes about 3000 in arrears. The explanation on the summons says he no longer works at his job since he will be moving out of state and is also now experiencing financial hardship. Can he just quit his job and have his child support payments be the minimum? I don't think it is fair that he doesn't want to pay when he willingly quit his job. He currently pays 191 biweekly. If he moves out of state, I know he will get another job so then how will I get the child support recalculated if I live in New York and he lives in Florida? 

My child's father and made an agreement involving relocation and visitation

Q: Both me and my child's father have joint custody of our child. We both came up with an agreement on visitation and relocation. There is no jurisdiction or mileage restrictions on relocation therefore the judge made no decision we both did. I have in writing as long as I give advanced notice of me relocating and the father and I can agree on meeting arrangements there was no objection to relocating. I want to relocate close to my job because my child's father isn't physically present or active in his child's life and most communication is done via phone and weekend visits every other month. Should I file a petition even though we both have in writing that it's ok for me to relocate as long as I inform him that we will be relocating? 

How will a home, recently transferred ownership from son to father, be treated during parent's divorce?

Q: Parents will begin divorce procedure. All children are adults. The home was originally the parent's but they transferred ownership to son about 10 years ago. Son wants to ensure mother gets her share but father won't cooperate. Will transferring ownership to father immediately before filling for divorce help when court does equitable distribution? Will home be split? 

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