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New York Family Law Blog

Q: How can I find out if my husband bought another house or have another baby ?or child support case?

A: Within a divorce case, one may serve the opposing side with disclosure requests. Among the disclosure requests (in your instance) would include a demand for records as to what happened to the money - as well as "interrogatories" asking for information/records on other property and/or other children. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: If Im in a domestic violence situation and my ex claims squatters rights how can I get him out of the apartment?

A: You can file for an order of protection against him & ask the Family Court to exclude him from the residence. Your other avenue is to give him 30-days written notice that he must vacate the residence - and if he doesn't, commence an eviction proceeding. If you opt for a d.v. filing, then call a Bronx Domestic Violence attorney to schedule a consult. 

Q: If Im in a domestic violence situation and my ex claims squatters rights how can I get him out of the apartment?

A: You can file for an order of protection against him & ask the Family Court to exclude him from the residence. Your other avenue is to give him 30-days written notice that he must vacate the residence - and if he doesn't, commence an eviction proceeding. If you opt for a d.v. filing, then call a Bronx Domestic Violence attorney to schedule a consult. 

Q: Can my husband sue for a portion of my retirement or social secuirty?

A: Technically he can claim a share of your retirement as it's considered an asset to the degree it accrued value during the marriage. Thus, it's imperative you file for divorce asap. If you have minor children together under 21, you can counter-sue him for child support. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: How can I be able to Co-Parent proper without my daughter father partner intervening or control everything ?

A: Perhaps you need a more specific order. Prior orders of custody or visitation are always modifiable upon establishment of a "change of circumstances." Schedule a consult with a Bronx Family Law attorney for a full assessment. 

Q: How can I be able to Co-Parent proper without my daughter father partner intervening or control everything ?

A: Perhaps you need a more specific order. Prior orders of custody or visitation are always modifiable upon establishment of a "change of circumstances." Schedule a consult with a Bronx Family Law attorney for a full assessment. 

Q: How can I prove I've been financially supporting my child?

A: If you were paying her money out of your checking account, then you'd have a record. If you were giving her cash, then she'd either need to acknowledge it, or you could attempt to prove it with circumstantial evidence (e.g., withdrawals from your bank account in consistent amounts). Call a Bronx Child Support attorney to schedule a consult for more info. 

Q: Can I move out of NY State with my 11 month old?

A: First, the father doesn't win custody merely because you don't have a job. Instead, the court will consider his obligation to pay child support - and possibly spousal support (if you were married) - in determining who can better support the child. That said, there's numerous other factors the court will consider in a child custody determination other than mere "financial ability to support." You should schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: How many orders to show cause can I file?

A: If you're looking to have a Judge re-consider his/her prior decision, your remedy is to file a "motion to renew or reargue." Generally, however, you must be prepared to allege new facts or issues you do not believe the Judge properly considered (i.e., these motions are not intended to merely re-state that which you already argued to the Judge). Schedule a consult with a Bronx Family Law attorney for a full assessment. 

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