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May 2018 Archives

Can I go to work if the person that has an order of protection on me lives where I work he lives on the 10thflwork on the 12th ?

Q: He doesn't live there or not on the least so he filed an order of protection against me knowing I work there so he trying to make me lose my job.

Removing my husband's name from the house deed after the divorce agreement is signed?

Q: The divorce agreement states that his name should be removed from the title within 5 days...How do I do that without having to paying transfer tax...Currently the house is under my name as well as his.
A: Produce a quitclaim deed to him & ask that he sign-off on it. As for the tax question, you're best advised to consult an accountant. Call a Westchester Divorce attorney for more info.

I am planning on filing for divorce from my husband who is African. But he has gone back to Africa. Can I still get divorced?

Q: My husband and I have been married for two years, he is not a US citizen and I found out by my neighbor that he went back to Africa. He knew that I was filing for divorce from him and he ran away from the marriage. Do I need his signature on the divorce papers and can I still get a divorce?

Can I get a court order regarding need to work with a parent coordinator enforced without going back to court?

Q: My ex husband and I have been ordered by the court to work with a Parent Coordinator. After a few months my ex husband stopped coming to the sessions although our last stipulation clearly indicates that we should work with a Parent Coordinator and should not go back to court without prior consultation with the Parent Coordinator except for major emergencies. How can i get my ex husband back to PC without spending thousands of money in court again?

Does NCP have to pay Catholic school tution if he didn't agree to Catholic school?

Q: My fiance has a 4 year old with his ex. He is on child support but there is no visitation/custody order. They have a verbal agreement of every other weekend for visitation. He wants his child to go to a public school for prek but he just found out the mother enrolled her in Catholic school and now he is worried that the child support will increase. He was already paying a portion in the child support for her preschool. The ex lives 2 hours away by train. We are not familiar with the schools in their area but my finance wants the child to go to public school. He is upset that the mother made this decisions without his consent. But like I said there is no official court order. Does he still need to pay the school tuition or can he modify his child support to not include the school since he wasn't consulted on that decision.

How can I get my post divorce stipulation enforced?

Q: I got divorced 3 years ago. The procedure was quick and amicable. However shortly after my ex started to misbehave and we had to go back to court several times. We signed last year a petition in order to tighten our agreement (mainly around access time for our daughter). However he keeps breaching it. Small breaches (he is late to drop off our daughter, says bad things to her about me...). Each incident alone does not seem severe enough for me to go back to court but the accumulation makes it very annoying. What can I do? He makes much less than me so I'm afraid I may not get any legal fee reimbursed if I go back to court and at this point I'd rather save for college for my daughter than paying more legal fees....

Can the courts consider that there are two incomes in the household and not one?

Q: I live in nys and i am at the tail end of the childsupport proceedings. My sons father receives SSI of $1400 a month. They did a temporary order for $175 a month. He is married and his wife works. So can the court take that fact into consideration? He is not only dependent on one income there is two incomes in the household. A: The short answer is: most likely not. Generally only the parent's income is counted. Conceivably, one could contend that the person he's residing with helps defray expenses he'd otherwise incur, but same is a relatively hard argument to win. Schedule a consult with a Bronx Child Support attorney for a full assessment.

I have a son he is 19 was charge with murder was sentenced to 20 years in NY state prison Do I need to continue payment ?

Q: Have a 19 year old he is serving 20 years sentence do still have continue payments for child support thanks

My child has been in my care and living with me her 6 months of living, her mother came and took her away. What can i legally do

Q: I have been taking care of my daughter her whole 6 months of living but twoce now her mother has come and snatched her out my care. What can i legally do? All of my daughters information is in my name and she was living with me in a shelter til today

How do I get my children back?

Q: I was involved in a domestic issue with my wife she said it was physical. Children was in my care mother came to the house to get her belongings. Police place me under arrest and release me. ACS was called and they temporary placed the children in the mother care. How do I get them back in my care?

How to withdraw Petition from Family Court?

Q: My attorney filed form 4-13 (Support - Petition for Enforcement of Order Mande by Another Court) in Family Court of The State of New York.
There was first hearing, and after the hearing Responded and I was able to settle the issue, and there is no reason to proceed with my petition. My attorney is not representing me any longer, and I have to withdraw my petition. Could you please advise what form I should use to withdraw my petition?

Is this considered Kidnapping?

Q: My daughters mother has full sole custody, but in our custody agreement she is prohibited from leaving/ moving with my child without my consent, my daughter is 10 years old and is telling me she no longer lives in the home (NY)where she used to live in and now lives in( NJ), The mother will not disclose the address and continues to lie to everyone about where my daughter is living. Would this be considered kidnapping?

Would I be granted a modification for sleep overs, if non custodial lives in a crowded house and doesn't arrange sick time ?

Q: The non-custodial parent has every other Thursday night pick up from daycare (our 2 year old sleeps over) then he has to drop her off at daycare Friday morning --- then its that weekend she sleeps over in his parents 2 bedroom apt (mom, dad, 20 year old brother, him and my daughter with his 7 year old son that he gets on the same weekend). I feel like my 2 yr. old should not be sharing a bed with her 7 year old brother or how does it work in NY state with living conditions? its only a 2 bedroom . 3 men, one woman and another child. Also, if she is sick on a Thursday/ Friday (that he has her), he will not take off from work on his designated day with her, he throws it on me and my fiancé. he will not pick her up until its Saturday. If he cannot make arrangements, why have sleepovers on a weekday that she has school?

How can I settle for a reduced lump sum payment amount a support order "reduced to judgment" that has ballooned to $120,000?

Q: Family Court has reduced back child support to judgment that has compounded to a ridiculous sum. I require an attorney to negotiate a lump sum payment to ex-, and forever end this situation. This has been going on for 19 years. Thank You.

How does Child support work in the summer?

Q: If the NCP gets 1 month out of the summer does he still have to pay child support and the daycare pro rata costs? Or does it get suspended for that month? If NCP and custodial parent split the summer, does that mean they each get 1 month or does NCP still get visitation during custodial parent summer month and vice versa? NCP has 2 kids already and 2 adults living in a 2 bedroom apt. The child does not have a room or a bed. Does he need to have proper accommodations to get 1 month of summer vacation?

Do I have to appear in court if I wasn't served with any court papers ?

Q: My niece and nephew mother petitioned me for custody of her children but I haven't been served any papers. She lost her rights to the children 10 years ago and I now have guardianship of them am I supposed to appear in court if no one served me the proper paperwork

Can I sue my ex to share college expenses I have already spent for my son? My son will be 21 in few weeks.

Q: The divorce decree says the parents should share the college expenses based on their respective ability at the time such expenses are incurred. In the decree the Judge has ordered that each parent can take turn in claiming our son as dependent on tax returns. When my son started his college I requested(texted) my ex to stop claiming him on his tax returns, because he was not sharing any college expenses. He agreed to my request (nothing on paper, he has no screen shots saved of that agreement) Can I simply state that no such agreement was made and demand that he reimburse me his share of the college expenses that I have already spent?

I live in nyc. I have an order for child support if my sons father wins his lawsuit is my son entitled to some of the money?

Q: Today we got an child support order put in place. My sons father has a pending lawsuit and if he wins a big sum of money is my son entitled to some? Or would I have to go back to court to get my support modified? A: Beyond the issue of compensation for lost wages, a large lump-sum may be considered as a factor in warranting a deviation from guidelines. Certainly if it's paid out as structured income, it would be counted. Schedule a consult with a Bronx Child Support attorney for a full assessment.

How many times can I petition for contempt to court for child support? He isn't consistent.

Q: He won't pay the rest of his arrears or monthly payments. He gave me half of his arrears 4,000 and said that should be enough for now. But he left me pregnant 2 half years ago and never paid till now. He needs to pay off the rest of his arrears and start paying monthly.

How to avoid paying high child support when I just lost my job?

Q: I have a child support order from 2015 which I abided by and paid all child support in time. I lost my job recently and I want to file for modification but last year I made more than what I made in 2014 based on which my child support obligation was calculated.
Is it wise for me to file for modification or continue to look for a job and pay child support when I dont have a job?

Does a termination of parental expire if adoption was rejected?

Q: My mother began an adoption process to adopt my nephew in 2016 the biological father signed a termination of parental rights. My moms attorney filed the paperwork and ended up getting very ill. The adoption was rejected because of missing paper work. I know we now have to resubmit all the paperwork like finger prints and home study but will we need to get the termination of parental right signed all over again? Or would it still be valid? Biological Father is no where to be found.

In the Child Support Modification case, if I cannot provide financial disclosure because joint taxes with my current wife?

Q: I have filed for downward modification of child support and my ex has filed for upward modification. If I cannot provide financial disclosure because I filed my taxes jointly with my current wife, what will be the outcome. Will the child support be calculated based on my past salary though I have lost my job? What if my salary is unpredictable. One year I can make a lot and another year I might not. Will the court take into account my highest salary. Is that fair? I already pay a huge amount in child support and day care expenses are killing me. Why should the daycare expenses be paid by non custodial parent?

Am I required to give my ex my w2 even after a child support agreement has been worked out?

Q: My ex has been complaining about the amount of child support he pays- I am willing to reduce it temporary and put it in writing- but he still wants my w2. We have a separation agreement that is filed with the court. Child support is noted in the agreement.

What do I do ?

Q: I am a girl who married a girl while I was pregnant. She signed the birth certificate. The father was abusive towards me. I'm petrified of him and what he is capable of. He has tried to get me to come to court but I was never properly served so I never went and both his cases got dismissed. He hasn't filed in over a year now. The child is 3 now. We moved to ny my wife and I are separated and I filed papers for custody she isn't showing up to any of the court hearing and the court ordered my son a lawyer. Is the bio father going to find out about this? Do I need to tell the court about him? There is no dna test. I'm so scared he will find us. Should I just drop this whole case all togeather? What do I do? Please help!

Can I refuse a second paternity test?

Q: I am the mother of a 7 month old baby..: my ex filed a petition for paternity back in December 2017, in March 2018 (our court hearing for the DNA results)
The results showed that he is NOT the father. On April 24th 2018, a letter was mailed to me explaining that the case will be terminated due to finding of fact that he is NOT my child's father. Regardless if he (or even I) wanted to object to terminating the case, we would have to mail a written petition explaining why either side doesn't want to close the case. I don't want anything that has to do with him towards me or my child, and I am of course sure he isn't father with and without a DNA test, I am afraid that he would want to retake the test as a way to still be present and make me go through a hard time. We broke up in 2017, and I became pregnant shortly after, this is where the confusion came in (just some back story), he has NEVER been in my child's life, not even when he wondered if he may have been the father, so there hasn't been a link or presence at all. Can he file for a second paternity test? And if he does, am I allowed to refuse it since I complied with the first court order back a few months ago?

How can I enforce visitations?

Q: I am allowed four visits a year. Every visit is allowed two hours. This rule was court ruled. My last visitation was in May of 2017 and it was my Second visit, and it is now April 2018, and I have not received a visit. I wrote the adoptive mother, called, and I have proof that I did, and she has not responded in 4 months. When she did respond she told me that she's very busy. I don't think 4 times a year for 2 hours each visit is hard to keep up with. I write the agency and received no response. When I called my lawyer from the court hearings, she told me to go to sign a z or v docket which enforces visitations if they aren't met. At this point I am very frustrated, is this true. I live in NYC and that's where I was given my court visitations. Can someone help me this isn't fair. My children were to be returned to me but because I lost my apartment they forced me to give up my rights. My rights would have been terminated if I didn't give them up. I need help. I can't go on this longer not seeing my children. Thank you in advance.

Can custodial parent get a passport for child even if father (ncp) disagrees?

Q: Can the mother who is the custodial parent get a passport for her child if the father who is the non custodial parent disagrees with the decision?There is no court order. The mother wants a passport just in case for the future to go on vacation but the father doesn't agree and does not want the child to go on vacation out of the country.

How can i get an order of protection dropped that was put into place 8 yrs ago?

Q: A.C.S took my kids away back in 2010 and put an order of protection against my boyfriend for abuse but no abuse was never found n they still kept my kids in care for 6 yrs and put the order of protection on him until my last kid is 18 yrs old n this is why I'm trying to find out if it's a way to get it dropped?

In a post-matrimonial enforcement action, we forgot to request that my ex pay counsel fees. Is it too late after the decision?

Q: In my divorce documents finalized a few years ago, it specified that whoever defaults must pay counsel fees. Fast forward to 2017, and my ex filed an Order to Show Cause to get out of splitting college, but because no solid legal arguments were included, it was not successful and in effect it was simply a default. But I understand you also have to ask for it in the enforcement motion itself and that didn't happen. Now some people are saying it's too late to ask for counsel fees if it wasn't in the enforcement motion or raised shortly afterward, and one person claims you can ask for it at any time. Who's right?

My ex filed fraudulent Child protective services report on me to take my kids.

Q: Last Friday Child protective services showed up at my home for a report of unfit living condition . Same day my ex refused to let me take my kids violating the custody agreement. Stating my house was unfit for them. The Child protective services Agent laughed when she inspected my home. Stating she would love to live here. She spoke to my oldest daughter who is 18 and is no longer under the custody agreement. The agent asked where my twins are, I told her my ex would not let me take them based on these allegations. And is in violation of custody agreement. I live in the Bronx and My ex lives in Westchester. she said she would reach out to Westchester CPS . I am disabled with no income waiting on SSD to start. What can I do to fight this and get my sons back?

What do I do to amend a 2 year old custody agreement?

Q: The father has violated the agreement for over two years and has not visited the children once in the past two years. The children have recently been diagnosed with autism. This diagnosis was given after the custody agreement was written so the courts are unaware. This significantly changes the terms of the original agreement because of their special needs and all the therapy they now receive.

How do I a doctor's report includes false accusations in order to prove to the judge I am not a threat to my son?

Q: 3 years ago I was involved in a domestic violence case with my son's mother while we were living together. Since then, shes had a restraining order against me. I have not been allowed to see my son and can only see him through supervised visits which cost 500$ each time. The doctor evaluated both of us and the doctor includes several false accusations. Remind you my 5 year old son wants to be with me and that is stated throughout the report. How do i prove these false accusations in court in order to prove I am not a threat to my son and get unsupervised visits?

Should a forensic accountant have been able to find out a sale of a restaurant spouse did during divorce proceedings ?

Q: Over 35,000.00$ spent on forensic account.
She is done. Now I've discovered this restaurant sale by google search.
It was purchased during our 20 year marriage

My husband and I have not been together in 4 years. He is now living in Africa. Divorce papers are ready. Can't find him to sign

Q: 4 years separated. No kids. No joint anything! Social media has led me to believe he's in Africa. I can't locate him to sign papers. What do I do. I have divorce papers ready to be signed.

Issues with kids school. Bias towards mother?

Q: I have had endless issues with my children's school. Background, During divorce forensics evaluations were ordered. Ex wife went to school to get therapist for kids to extract information, School therapist helped my ex. When court found out. Cease and desist order . and subpoena's were ordered. Current, Now my sons are in that school I asked school SAME therapist to contact me directly as my ex refuses to give me any info. And presented court order showing joint custody. She never did. Now my sons are telling me the therapist told them they do not have to do chores at my home and do not have to come here if they don't want to. This was confirmed. Despite serval attempts they have not contacted me or ever reached out to me. They only contact my ex wife. This is a bias. I went to the school to address this. and was told the therapist is a 3rd party and does not work for the school. they have a office their. I Have legal Joint custody and the schools are informed of this. Now I have a huge issue with my sons because of the advise they have been given. What do I do?

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