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New York Family Law Blog

Can I file for chilled support even if I work off the books and no proof of income?

Q: I'm currently filing for child support. My child is 7 years old and his father and I are going through a custody case. We were never married and the court is asking for pay stubs and taxes but I'm a student and haven't been legally working for the last 2 years.

I need a domestic violence lawyer I have no income and need help with my son who has been alienated from me who I raised.

Q: My situation is very difficult. My ex abused me for 11 years. I decided to break the cycle and no ho back. He has tuned me son against me and has alienated me from him. He has not allowed him to call me or communication. The problem is my son will be 15 years old.

What is the process to have NY child support arrears discharged when the statute of limitations to collect may have passed?

Q: Child support arrears owed to DSS for child born in 1986 (child is now deceased; he would have been 32 yrs old now); original support order payable to DSS issued around 1987; last payment made in approximately 1990; not sure of actual default date; NCP is & has been unable to work due to back, neck & shoulder injuries, is currently in receipt of Temporary Assistance (DSS) & is below the poverty & self support guidelines

Is there anything I can do to get this done?

Q: Back in 2006 my "ex" wife filed for divorce (which was mutually agreed on) we had gone back and forth with the paperwork and the last thing submitted to the courts was in 2007. 2 years ago, I went to the county clerks office to obtain a new file number but was told that was not necessary, since one was already obtained years earlier. She instructed me on the last bit on paperwork that needed to be submitted and then we just wait for the judge to sign off on it. My ex (defendant) will not sign the paperwork. We have been apart since 2006 and are both in serious relationships. Is there anything I can do besides hiring a lawyer and going the "contested" route? I was told that if I submit the paperwork without her signature and prove that she was served that I could get a divorce by default. Any advice anyone can give me is greatly appreciated!

How is CS determined/calculated for 2 kids from different mothers?

Q: I am in the middle of a CS dispute for our 3 years old. I was informed today, the other mother is suing the father for support for the first time after 8 years. I filed first, will that make a difference?

Being that such an arrangment is unlawful in NY from the "get-go", can I have her support terminated?

Q: My now ex-wife took me to a NY FamCt 8 yrs. ago, for child support and support for her. She got both, but the Support Magistrate made her spprt for life. Yrs later, we were going through div proceedings in a NY Suprme Crt. During a conf, my wife told the judge that I have to spprt her for life. She was incredulous saying, "In my 30+ years of practicing law, I never heard of such a thing. If you show it to me in writing, I'll faint." The Fam Ct faxed over the Order, and the jdge told me to file an Order to S C, which I did, and it was addressd at our next conf. The judge then apologized being new to Matrimonial, she didn't know, stating that since it originated in Fam Ct, I have to commence an action there. Ultimately, we entered into a stip,( if we didn't agree within 5 minutes, the judge was going to decide the mttr; bad idea!) whereby I agreed to keep paying her spprt. It was incorporated into our Judgmt of Divorce. Now we're divorced, and I'm struggling financially, and told that to the Support Magistrate. She's sending me back to the same judge in Supreme Ct, because it's a "higher court". I feel like I'm stuck on a bridge between the US + Canada, and no one is letting me in.
A: It seems as though you would've benefited from competent counsel representing you. The answer: in Family Court, an award of spousal support may be entered "for life" - but only with the proviso that you remain married. That's why they call it SPOUSAL support. Once you're divorced, you're no longer a "spouse" and thus any Family Court order to that effect would be void(able). That said, if you entered into a written agreement of maintenance in Supreme Court, then the only court which can modify an agreement like that is Supreme Court. Schedule a consult with a Westchester Divorce attorney for more info.

Finalizing Divorce

Q: My husband filed for uncontested divorce and I signed the waiver which states "I appear in this action, however, I do not intend to respond to the summons or answer the complaint, and I waive the 20 or 30 day period provided by law to respond to the summons or answer the complaint. I waive the 40 day waiting period to place the matter on the calendar, and I hereby consent to this action being placed on the divorce immediately" My question now is when the divorce is finalized, do I have to sign the final decree? If so will I need to go in to court to sign or will he have to serve me those as well? Can I request to go to court and sign instead?

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