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Posts tagged "Family Law"

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?

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?

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?

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?

How can I get my child support case moved to the current state that i reside in?

Q: I used to live in Virginia and my child support case is there but i no longer live in Virginia. I moved to New York a year ago. Neither I or the custodial parent live in the state of Virginia. The mother Lives in upstate New york and when I moved here I asked her to move the case so that I could receive a modification because I no longer make the same income as i was before. She refuses to close and re-open the case here in New York (she rather me get my license suspended), and now I'm stuck with arrears(5,000) from a year of trying to find a job here in NY. I did personally go to the child support office here in NY for a modification but was told only the mother can close and re open a new case. I do send child support every week of what i can but I know it doesn't go towards my arrears and it just keeps adding up because my income has decreased a lot. Do i need to petition her and take her to court? Please advise. thank you!

Is there a way I can stop this or put this in the court order?

Q: My ex husband has custody, for now, of our son and his girlfriend kisses him. I'd rather she not kiss him because it's disgusting and inappropriate. SHe isn't his mother nor mother figure so I asked my ex husband about it and he completely ignored me. So, I asked her at a pickup this evening and she told me no, that she won't stop kissing him to appease me. It isn't to appease me, I said it was a woman to woman thing and regarding respect. What can I do about this?

Are there any consequences for lying on a court petition and financial affidavit?

Q: I have been battling a absentee father in family court and the first petition went to trial just this past Feb. Three nights prior, he hacked a friend's FB who I was talking to (he had previously gained access to my account to steal photos) and threatened my life. A restraining order was served on him the day of trial. He withdrew the petition and the next day filed a habeas corpus (which I thought was only used by custodial parents), violation, and modification. He lied on all of the petitions, stating that I was granted custody in 2008. I have had custody since her birth and an order was finalized in court in 2006, not 2008. It was modified in 2008. He also wrote that he wants custody RETURNED TO HIM.
While I have not seen his financial affadavit, I know that he makes more money than he is disclosing because he claims to not have enough money to afford an attorney and he is retired from the city with a nice pension, plus Social Security Disability.
The judge doesn't he's lying, although the order clearly states RESETTLING original order. Is this enough to fight the habeas corpus or get it thrown out? He is lying about everything under oath and on his petitions.

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