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February 2016 Archives

It was suggested to have divorce settlement agreement reopened and amended for fraud instead of just money owed he could file bk

Q: In 2012, my now ex-husband whom I loved and adored for some thirty years decided we should sell our 700,000 plus home and move to his native Dominican Republic and build our dream house. We would live off our investments and my social security while he wound down our business in New York. Our primary residence sold and there was a 400,000 profit. I was a little surprised when he announced that at the closing he had requested separate checks for us. He sent me to the island to oversee building of house on a piece of land we bought near his family, I find out it's not in my name, his and his mother's, my money. house ends up built on his family land.. my half is in the house he divorces me. no lawyer online service together. I don't speak language and have no where to go. promises and I give 60,00 more for house to be finished. I was so mentally anguished I did anything he wanted hoping to reconcile. He won't pay me back 60,000 I gave him after divorce. He kept house land in DR, business, cars etc. I live with my sister in a back bedroom. I am on SS for depression since 15 year

Family Court. Ex Lied To Family Court Judge In 2008 That She Was Married. She Was Not. Now I Have Proof. What Can I Do?

Q: My ex in 2008 stated in family court he just got married. My ex's new spouse filled out the high school paperwork signing it in his"new last name & that he was the step parent. On the school emergency contact list he was first to call, my ex was second, their grandmother was third & I was fourth. The spouse did the same with the forms for the children's doctors & dentist. The new spouse was permitted per the family judge to take them away on vacation solo as well. My ex & I are back in court for a modification & reviewing her pay stub I noticed that it lists domestic partner health insurance. The last 8 years they were never married & that my ex lied in family court & the "new spouse" fraudulently filled out the schools, doctors, dentists forms. My kids even call him dad. I know there are rights that the non-custodial parents have but of course are never exercised in court & I have been in the court system for over 10 years now. It seems very biased & protects the custodial parent & the non custodial parent is mostly "guilty" until proven innocent. I'm ready to sue my ex for such lies. I believe that the courts should demand a marriage certificate w/ a raised seal. What can I do?

How can I know if there is any bench warrant issued against me for child support?

Q: After we got divorced, my ex-wife filed petition for child support at NY family court for our 3 yrs old kid (now in custody of his mother in NY) in March 2015 but before the court order that summoned me for initial appearance reached my address, I already left US & since then I am staying overseas with my job. I 've no idea about what was the outcome of the hearing without my appearance at court or whether the court ordered a bench warrant for me or not. I will travel back to US in March 2016 for just 2 weeks but worried about getting arrested either at airport during entry or while visiting my child if my ex call the police. Since I will be on leave from my job during that 2 weeks stay in US, I am really concerned of even loosing my job if I get trapped in the legal system for more than 2 weeks. How can I come to know before entering into US if there is any bench warrant exists for me at NYC? Should I call the clerk of the court & ask about it? Do they at all disclose this type of information to someone over phone? Will that be wise to identify myself to the clerk as that 'Respondent' of the case? Any other better alternative to know about a potential existence of an warrant?

Downward child support modification where the magistrate denied me to testify via telephone. Reside out of state.

Q: In family court for the last 10 yrs. I have arrearages and my paycheck is garnished bi-weekly to cover arrears and current child support. The custodial parent filed a petition to have me incarcerated because they want the arrears paid. The magistrate determined jail for 6 months or pay a certain amount. This was to go before the family court judge. I have testified via telephone the last 10 years as I live out of state. I was given a court appointed attorney who did not say I needed to be present. She thought i was testifying by telephone . So the judge was upset that I was not present & issued a bench warrant. In the meantime, two of my three children turned 21 years old and I filed a petition to recalculate support. I asked if I can testify via telephone, as I always have over the course of the last 10 yrs and this time she denied my request. 1st time ever. Is this because of my bench warrant? How can I have the two children who are now of age removed from my obligation of child support if I cannot personally appear & she denied my request for telephone testimony? What about my rights? I am not just asking for a modification for the heck of it, the kids are of age. What can I do?

Does a 17 year old have the right to choose his or her own attorney?

Q: The judge in family court is not letting my 17 year old daughter choose her own attorney. She has a temporary order of protection from my ex-spouse, but she doesn't feel comfortable with the court-appointed attorney, and she doesn't feel comfortable with another court-appointed attorney. She has two attorneys that she'd feel comfortable with. One of the names I gave her and the other name she knew from the divorce. The judge is saying she can't have either person and that only the judge herself can pick the attorney. My daughter is 17 - doesn't she have the right to choose her own attorney? 

Is the lump sum payment of an arrears amount of alimony completely taxable in the year in which it was finally paid?

Q:  My girlfriend recent was awarded 2 years worth of previously unpaid alimony by her ex-spouse. He had taken it upon himself to simply stop paying, although he absolutely had the means to. He had unsuccessfully filed a motion to terminate spousal maintenance 2 years ago, and the judge ruled against him. The ex-spouse didn't agree with this ruling and stopped paying his court ordered monthly amount anyway.

Should I appeal this as the income ratio is so grossly different ?

Q: My ex husband recently filed for child support after it ended for him paying me 300$ a week for our eldest daughter she turned 21. Our two youngest stayed in NY to finish school when we moved to Florida. This was due to the financial strain of raising 3 girls for 15 years alone. His child support was garnished but never sent in a timely manner by his employer there is documentation with child support to this and also a threat of fines if this was not rectified, but the damage was done to my financial stability. I am trying to rebuild. We went to court Feb 5 Father income 142000.00 and I made 32400 last year. He was awarded 70$ a week $280 a month.This significantly impacts my ability to pay my bills or to even see them as we have to pay for flights.I have had to cancel my own medical insurance to afford the difference in pay. The judge did not even go over my expenses or listen to the fact that I continue to pay all 3 daughter cell bill of 269$ per month, it is in my name and if I default I hurt my credit even more.The judge stated thats between you two and not an issue of the court.Their father refuses to pay the 2 girls portion that remain living with him.

Can my ex just change his mind about a previous court agreement on support?

Q: My ex and I closed a case agreeing to take full financial responsibility for each of our two sons. One lives primarily with him and one with me. I have responsibility for one and he for the other. He is threatening now to sue me for support. What is the typical reaction of the court? Can he just claim that he has changed his mind? I do make a higher income than he does. But the expenses for my other son are higher. They are both special needs children. The son with me is in a private school for someone with his needs. My ex has no interaction with the son that stays with me and has not seen him in 2 1/2 years. I sacrificed one of my custodial days with the son that lives with him to get my son who lives primarily with me to the school that meets his needs. I see my son that lives with him every other weekend and holidays. Does the change in visitation change the equation?

How will our pensions be divided?

Q: I am in contemplation of a divorce. I know we will eventually split our assets through equitable distribution, but I want to know how our pensions will be split. Specifically, my wife and I obtained pensions before our marriage. She currently has more than double of what is in my pension fund; accordingly, upon divorce, will the Judge offset my pension against her pension through equitable distribution? What are some factors for the Judge in deciding to do so?

Are we required to go to court or is the signed agreement enough? Is it possible to file the agreement with the court ourselves?

Q: Good morning,
I am currently in the divorce process and my wife and I have come to a settlement agreement on our own. The agreement has been signed by both parties and was sent to our attorney's to finalize the divorce.

Can I ask my attorney to be more aggressive?

Q: I am going through a contested divorce. I feel like my attorney is not aggressive enough? I end up asking questions that she should be. We constantly go to court and get NOTHING accomplished. Can I ask her to be more aggressive? Can I fire her when I owe her money? I feel like she's going to lose me my kids!

Could my husband's lies of abuse hurt my custody case or do judges generally see through this type of thing?

Q: I'm going through a divorce and my husband has claimed that I abuse him and even had a false order of protection issued. He said I hit him in front of the children. He's really just trying to make me look unfit because his number one priority is his money. By the way, he's a police officer!

Are Alimony And Maintanance The Same Thing? And If The Ex Remarries Do Those Payments End/

Q: hi i i live in new york state but pay child support in Indiana to my ex wife kids are in their late thirtys and are all grown ..i checked into my situation and was told that if my ex wife writes a letter i won't have to pay anymore. i was told i owe 165.000 in support even though i am paying it now and have been.i got a bill from support and collections for maintanance .i thought if she remarries im not responsible for alimony or maintenance any more .is this true/ because she has had 3 husbands since me....

Do I get a legal separation first or just get the divorce?

Q: I am getting ready to go thru the divorce process after two years and of seperation. There has been no contact within these two years and there is no chance of us getting back together. I am currently with someone and I am pregnant. The child is my boyfriend's. I am being told to get a legal separation first since it will stop my husband from having anything to do with the baby. I was told this by my supervisor who is a retired Colombia county sheriff. I want to know of this is the case.

Divorce and never received equitable distribution.

Q: My divorce was over two years ago. We made an agreement in court. My divorce decree states that I am entitled to half of my ex husbands 401 k plus an extra 12,000.00. Also he is responsible to pay for all the copays for all 4 children as well as pay for half of the two oldest kids car insurance. He was responsible to pay for all the paperwork that needs to be done for distributing my share of the 401 k which was never done. He never pays for the copays nor does he pay for the car insurance which by the way is under my name, so I end up having to fork it up every time. I have contacted the judge both with letters and filled out the order to show cause papers. She has refused to help me and tells me that I need to pay someone to do the distribution even though I have no money. It was an agreement we made and it should be legal. I should be getting interest on this money because I should have received the money after our divorce was final and I never did.

my question is, is the recording I have enough to charge him with adultery, and If so, is he still entitled to half of my asset

Q: My husband who I've been married to for 13 years and have a child with was unfaithful to me on numerous occasions. I recorded him admitting to his numerous affairs, he even told me that I could record him. I have a home which I purchased before I met him, but I did put him on the deed when we refinanced the house, I'm a NYPD Police Officer and am concerned about him getting half of my pension. He owns a heating business but spends most of the earnings. He doesn't want a divorce, wants to work things out, even volunteered to put in writing all his indiscretions and is willing to give up his rights to my assets if in the future I catch him cheating again. Would a notarized letter from him stating this be enough to keep him from getting my assets.

If I Submit A Family Court Motion For A Copy Of The Court Audio Recording Vs The Doctored Transcript, Does Case Law Supports It?

Q: After a preliminary hearing last month to secure a temporary order of protection for my teenage daughter, I ordered the official transcript. But the transcript came back tampered with in at least two or three places. In one place, an inappropriate comment made by the law guardian was eliminated. In another place, sentiments in support of the law guardian that I did not say were inserted in place of what I did say. And in a third place, the judge's words were modified to conflict with her signed TOP. I know it's not customary that the transcript is questioned and someone asks for a copy of the audio recording, but this case requires it. What would be the name of the motion and is there any case law to support it?

When The Top And The Transcript Disagree On How Much Contact Is Allowed, Which Takes Precedence?

Q: My daughter has a temporary order of protection from family court against my ex-spouse. The TOP says only our daughter can initiate contact. But the transcript seems to say my ex-spouse can initiate communication but not contact - meaning physical contact I suppose. My ex-spouse and his attorney did not bother to amend the TOP in any way. What takes precedence - the TOP that the judge signed off on or the transcript which seems unclear and often seem to be doctored? FYI, the law guardian specifically asked that all contact be initiated by the child, which is what she wants - no contact unless she initiates it. My ex has since sent our daughter numerous texts and emails containing many disparaging remarks and inappropriate statements.

How Do I Keep Him Away When My Child Is Around Her?

Q: I need alittle information about my current situation. In our divorce documents there is a stipulation stating neither person can introduce our child to a significant other without first consulting the other parent. My ex spouse is bringing around her boyfriend who has DWI and other criminal infractions. normally this would not bother me if he was a stable. Unfortunately they have a volitale on again off again relationship and she even allows the 3 to have sleep overs in the same bed. She herself during there last on again was arrested for endangering the welfare of my child and is in pending court regarding that. Between his criminal history and there in and out unstable relationship I would like to know what options I have to stop my child from seeing him completely as I do fear a repeat of her endangering my child and his criminal past.

Isn't this violating my restraining order?

Q: I have a restraining or against my husbands ex and she won't stop harassing. My husband has kids with her so She filed a motion in family court to get to put him in jail unless he gives her our new address. Her sister sent me a friend request on Facebook a few hours ago.

If a signed affidavit of Defendant has been signed and notarized but not filed, what are her rights in wanting to contest it now

Q: My wife and I made a mutual agreement to divorce ( uncontested divorce) in NYC. She has signed and notarized the affidavit of defendant which says she has waived her rights. Now she is threatening to contest the uncontested divorce. I have an index number but have not filed her affidavit of defendant with the court yet. What can I do? Does she have the right to contest it?

After a Three Year Divorce proceeding I found out that the Judge's Son works where my ex-wife works, what do I do?

Q: After battling uphill in court for three years (New York County Supreme Court Matrimonial Part ) i find out (post trial) that the son of the Judge we were in front of was a member of the same faculty as my wife. It is impossible to believe that this fact, where his son worked 'slipped his mind' or that the numerous mentions of where my wife is employed somehow got past him.
Several times I asked this guy to recuse himself because of Bias, and was ignored.
Two complaints were made to the Commission of Judicial Conduct about his bias which were also ignored.
Now that I have found the basis of his bias, how do I fix this ethical lapse. Is Media the only way to go?

What can i do?

Q: Mother is going for full custody she (doesn't work section 8) all her life. We have two children together girls 5 and 9 years old. We have been leaving together for 13 years.ACS is involved because of numerous accusations, i departed last August 2015 because of verbal abuse,verbal out burse and down grading my race and racist remarks and my manhood (I'm blk shes hispanic) i issued her papers for visitations an which she retaliated and issued papers for order of protection (my description 6'4 247lbs hers 5'5″ 130 lbs) very stereo typical.My living conditions have changed drastically where i am renting a room.I raised her two children(who call me dad) who are now adults and tried to raise our own she ran to Safe Horizons to falsely accuse me of these ugly charges.I have a court appointed attorney who is bum-barted with cases.My eldest daughter who is 27 (not by her) is a Air-force Sgt who i raised can't believe what I'm going through nor does my sister who is a 911 dispatcher.I miss my daugters dearly and need your advise.

After a Three Year Divorce proceeding I found out that the Judge's Son works where my ex-wife works, what do I do?

Q: After battling uphill in court for three years (New York County Supreme Court Matrimonial Part ) i find out (post trial) that the son of the Judge we were in front of was a member of the same faculty as my wife. It is impossible to believe that this fact, where his son worked 'slipped his mind' or that the numerous mentions of where my wife is employed somehow got past him.
Several times I asked this guy to recuse himself because of Bias, and was ignored.
Two complaints were made to the Commission of Judicial Conduct about his bias which were also ignored.
Now that I have found the basis of his bias, how do I fix this ethical lapse. Is Media the only way to go?

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