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New York Family Law Blog

Stipulation agreement stated my Ex spouse was to remove me off our joint mortgage after 120 days.?

Q: Divorced July 18th 2018. I was to sign over deed after 7 days. Which I complied and did with attorneys. As of today I'm still on mortgage. Stipulation agreement states that if he hasn't complied after 120 days that I'm able to force sale of home.
Question is how would I force the sale? 

What happens if I apply for child support but the non custodial parent receives public assistance only?

Q: My child's father was ordered to pay the minimum of $25 about 9 years ago , since then he has never had a job telling me he would never get a 9-5 simply because he's not paying more than $25 a month. I am a single mother and have been the sole provider for our child who is now 12, the $25 payments do absolutely nothing then, and still today. What should I do? 

Can I delay a no fault divorce due to medical circumstances and my child?

Q: I got a broken left foot and hypertension due to my child being devastated from all off this he me devastated 8yrs old and also dealing with couple medical conditions. Can I delay this no fault divorce until health wise goes back on track?? He is getting the necessary tools therapy n doctors but it's a lot for an 8yr old. 

Seasonal job and says will quit if taken for child support!

Q: My child's father has made it very clear I'd only get the "bare minimum" if I filed CS. He works in construction for family. He said he'd go for visitation which I don't mind because our child is 10 but it's been over 3 years since he's seen her! Is it worth the lengthy process with someone who has no license & really nothing to lose if he were to NOT pay (he's done jail time and says he's not afraid to go back). It's just unfair. 

Can I file for child abandonment on my children's father even if I have full custody of them?

Q: I have full custody of both of my children. Also have an order of protection of the father. He has not reached out or provided for them.

If I have last say with health, how can I ensure my sons eating habits are healthy towards his condition?

Q: Mother and I have a court order stating I have last say on all health matters for my son. If I put him on a specific diet specifically for his adhd problems, does the mother have to also follow this diet in her house hold? How can I enforce that he doesn't eat food that causes him health problems or that makes his adhd worsen? I have a whole health plan layed out and have spoken to her about making these changes to help him focus in school. She has not listened at all. His adhd is getting worst. If he's eating the foods he shouldn't be eating then his adhd will get worst and it would be counter active to the diet plan. It takes about a month for the body to adjust. Any advice? 

Judge took my son away & gave him to his mother who left him 3 years ago to live with her new boyfriend

Q: My fiance got a notice for writ of habeous corpus we didn't know what that was so she went to court. When she got there she was arrested in the court room stating that she was keeping my son from his mother which was a lie. a lil background is I had joint custody with the mother of my son. She walked away and left him with me so she can go live with her new boyfriend for 3 years she disappeared and didn't see him, she never did anything for him, never looked for him, never provided for him, never did anything the court asked her to do. About 6 months ago she contacted me wanting to see him and would promise to come see him but would only see him once a months even though she lived 5 blocks away. She went to court stating I didn't let her see out son for a month and that i was moving to NC with him. The judge did not let the lawyer come to my defense and would shut us down and my son was taken away from me and given to his mother who abandoned him for 3 yrs. 

Do I need to write a letter of intent to relocate?

Q: I have a current custody agreement in place allowing me to move with the children up to a certain mileage from our current home? If I move within that agreed upon radius, do I need to write a letter of intent to relocate? Or is that only necessary if I want to move beyond the radius set by the agreement? 

What are the next steps after a divorce stipulation agreement is signed?

Q: My wife and I just signed our divorce stipulation agreement. When is it binding? What are next steps before we are legally divorced? What is the realistic timeframe?

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