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New York Family Law Blog

Can I still take the father to court for child support even if an agreement was made by him signed ?

Q:The father had me sign an agreement but it has scratch outs with no initials next to it and it was still notarized. It looks sloppy and I do not want to continue this agreement anymore & I need the judge to stop it so we can continue in court for child support.

Will I qualify for Alimony in Divorce?

Q: I recently found out that my husband of eight years has been cheating on me. He owns and operate a six-figure construction company and is the main provider in the home. Throughout the marriage He constantly complained about financial problems stating that the business is not doing well and that we are broke. As a result, He does not give me any financial assistance and no health insurance. He keeps his income a secret so I do not know how much money he has. Yesterday I found out that he has a mistress and have been financial supporting her. He has given her over a thousand dollar in the last two weeks including $400 for clothing yesterday. I have evidence of all the money he sent her. We don't have any children, I work a minimum wage job and amassed a small savings. I would like to pursue a divorce. will I be able to get alimony? 

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 take my son and refuse to return him to his mother?

Q:My child's mother and I have never been married but we both signed the birth certificate. Just recently she told me she was moving to Indiana and refuses to let me see or talk to him. She never discussed the move with me and doesn't care how I feel about her taking the child. She Just called today to tell me she will be leaving in a day or two but will allow me to see my son once before they leave. Please note, I haven't spoken to or seen my son in weeks prior to this phone call. If I pick him up and decide I wanna keep him for more than a few days. Can i get in trouble? I'm also a convicted felon but wish to file for joint custody and visitation rights, can I keep him and file those papers while refusing to return him to his mother??? There are no prior custody agreements between us. 

Will the court approved my moved to Pa. it's 90 mins away from my daughter father & less than 100 miles?

Q:My daughter father feels that since I am the one that is moving then I should be the one to bring her in to the Bronx every other week. He just got a lawyer and his lawyer had the nerves to contact me to tell me that I can't relocate to Pa unless I have the courts approval and that how my daughter father is against the move. 

Can non custodial parents girlfriend take child out of state with our permission from me ?

Q:So I am the custodial parent of my 11 year old son. His father gets visitations every other weekend and 1 month in the summer ... now it's summer time and he had advised me he signed my son up to camp , gave me all the information and said he would be starting today July 8th... turns out my son is in a different state with out his father but with his fathers girlfriend and her family . He never told me he was allowing this to happen or even brought it up, if my son didn't call me I would have never known . Is this allowed ? 

How long after a "motion to vacate an order" is a decision made?

Q:My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn't know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn't know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn't in NY at the time he was served he was caring for his ill father, who has passed. Given he didn't know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn't served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was "served" (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day? 

What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

Q:My wife and I live in and were married in NY. I was just terminated from my government job; I'm claiming it was due to a disability and have retained an attorney in this regard. I intend to file for divorce and know that she will get custody of our son and that I will have to pay child support. She does not work, and I have no current income, other than $3,000 in stock dividends yearly, and minuscule bank interest. My stock holdings are worth about $200k . I own the house, worth about $800k and intend to live there. I know that the standard for support would be 17% of my income, but I don't have a salary, not a pension. I have a strong case against the government, but it can take a year or more for my disability retirement to be approved, or denied, but my case is very compelling. I'm afraid the support magistrate is going to look at me as having a lot of money, but I have no steady and very little income flow. If I were to sell my stocks to help pay for support, I wouldn't have enough left to pay my taxes on substantial capital gains. 

My partner is married but the guy she married left to another country without concent . can she get a divorce ?

Q:My partner haven't seen her husband in 2 years and she had a kid with another guy and now she is pregnant by me ... and I would like to get married to her ... 

Do I still have to support a 21 year old turning 22 , in a month that doesn't reside with me under NY state Law?

Q:I just want to know if I still have to give them , money , food or shelter. They will be 22 next month. 


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