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January 2017 Archives

How do I go about getting an Uncontested Divorce done?

Q: My ex-wife and were married back in 1998 and we separated a year later. I moved to New York around that same time and have no idea where she is presently located. She was suppose to handle the divorce proceedings and said she did. But I found out later on that we were still married and she didn't take care of the situation. Now I want to get a divorce done as quickly as possible.

How can I enforce a post divorce judgment property sale while a foreclosure case is pending?

Q: My ex husband sued me for divorce. The judgment for divorce was rendered in 2014. The judgment required us to sell the marital property, but my husband has sabotaged every effort to do so by refusing to sign the contract for sale, and other things. There is a pending foreclosure case where a summary judgment for an order of reference was rendered recently. No other events have taken place since the summary judgment order was issued.

Can i get a license in NY if i owe child support in Florida

Q: Child support
A: David's Answer:
If you owe child support arrears in FL, then their Support Enforcement Unit may register the order for enforcement in NY - which may then suspend any government-issued license. Nevertheless, you are probably better off contacting a FL attorney on the issue. 

Can I sue a hospital for calling CPS and falsely accusing me of child neglect and abuse?

Q: My son was not feeling good and was shivering had slight fever and I have him some Moltrin as if the hospital would be started shivering a little more so I decided to bring him to hospital he walked down my 45 stairs got in the car and I drive to hospital. When he got to emergency room doors my son collapsed and started having a Seizure he couldn't move so I screamed he needs a wheelchair hurry up my son is having a Seizure. Afterwards my son couldn't talk or move much. They ended up calling CPS. My son had no bruises, no damage to head, and nothing in his blood. He got transferred to a children's hospital where CPS met me there and 6 days later the hospital ran blood tests, urine tests, EEG tests and couldn't find anything. We were cleared to go home. They said he could've caught a Seizure from a high fever. It's there a way I can sure the first hospital for falsely accusing me. I am always with my kids and I am very offended that I am accused of this and I want to clear my name.

How can I get my household goods back for me and my daughter?

Q: On 12/19 a domestic violence situation took place and now my husband has to stay away from me and my daughter I moved to va to feel safe but I would like to go back to get the big things I left behind but my name was removed from the lease, how can I get my things and daughter things.

Social service asking my son mom to take yo yo court for Child support

Q: Hello. I have a 8 year old son who lives with his mom. She's in social service and recently was told by her case worker that they were taking me to court on behalf of her. She let them know she didn't want because I take care of my son yet they still moved forward. I've never been served but she had to go to court and they asked where was I. She told the judge that I take care of my son and she had a letter from me saying I give her money monthly for him. The judge told her if I come in and sign my son birth certificate the case is over. Only reason I'm not in his birth certificate is because he was born in another city and his mom didn't put it. I was told as long as I'm not served I don't have to go and I was also told that if I do go and sign anything in that court room, I'm in the CS system forever. Anyone can share some knowledge of what I should do? Thx

If you have full and sole custody under Article 6 in NYS are you considered a legal Guardian?

Q: My granddaughter lives with me . I have sole and full custody of her under Article 6. Her father is deceased and her mother's rights were taken away due to a mental illness but the mother still has visitation which I have complete control over and she pays child support to me. My granddaughter is trying to get financial aid for college and although she lives with me and I make all decisions regarding everything with her. Her mother is unemployed and supports her with money she got on welfare. The college is saying that my having legal and sole custody is not enough for her to get financial aid that they need a form stating that I am her legal guardian. According to my custody agreement I have complete and total control over my granddaughter and I am her legal guardian so I am not understanding why this would not be counted. Please explain what I should do.

Can i get dna done on a child who is not mine?

Q: My ex wife got pregnant with another man's baby. At the time we were married and i signed the birth certificate. The child was born in 2003 i only seen him 5 times in 2003 then we had a fallout and i moved to P.R. I just came back to N.Y. and found out that the child isnt mine. I also found out that the boy knows his bio father and spends time with him. I have pictures of both of them together. I just recently started paying back child support. I didnt even know i had till i tried ti ensure my car here in ny and my lic was which i never had a ny lic till now was suspended. My question is i know that because that we were married the courts pressumes that im the father. Even if i wanted to establish some form of kinship i cant cause he knows who his father is. So asking for visitation is moot. So what are the chances that the court will give me a dna test. I want my name out of the birth certificate. I dnt want the courts to say im the father then i would ask for visitstion and joint custody. I knw the courts are looking for the best interest of the child ,would not want to confuse a 13 yr old boy.i already submitted a paternity petition. Can i get my nme off the birth certificate?

Can i send my divorce document to my husband in Florida by mail to sign and send it to newyork

Q: can i send divorce documents to my husband in Florida bnr mail to sign and send it back to new york
A: David's Answer: Yes, you can. Be sure to include a provision in the affidavit of defendant making it clear he's consenting to NY jurisdiction. Schedule a consult with a White Plains Divorce attorney for a full assessment.

I live in Algeria I went back after marrying my American Wife because things didn't work out. I'm trying to find her to ask for

Q: I need to divorce my wife in America I need to know what visa do I use to come back to divorce her she lives in United States I live in Algiers Algeria for now because of my work

Can I request that the Sup Ct. judge issue of finding, based on the evidence & testimony at the trial that she ignrd the stip?.

Q: I am bringing an action in a NY Supreme Court against my ex-wife. It's post-matrimonial, but the "divorce judge" still has control of the case. We voluntarily entered into a stipulation and my ex has reneged on most of them; all are material. The problem is that we agreed upon child support and it was so-ordered by the judge. The original order of support was carried over from the Family Court. Being that my ex is not adhering to the stipulation, I want a new support order issued. The Supreme Court judge said that I would have to petition the Family Court for that. I want to do this, but I'd have to convince the magistrate there, that the reason why is because she refuses to abide by the stipulation. She did not enter into it in good faith; I did, and I gave up a lot in return.

In New York State can a court order my father to pay college tuition after I am 21.

Q: I just turned 21 and my child support has ended. I am a junior in college and could use help paying for the last year and a half from my father who makes a bit above a decent living and I am his only child, no spouse. My mother tried to take him back to family court but the judge denied my mothers case before she could even explain the situation claiming "her hands are tied past 21". Is he completely cut off from my school expenses as well and which type of court in NY should I go to make a case?

What can I do with bad custody situation?

Q: A year ago, the mother was awarded majority of time with child and child support against the recommendation of forensic expert. I found out after the trial, crucial evidence was left out or ignored by my lawyer who I discovered was corrupt and suspended from practicing law thereafter for fraud. The mother refuses to have any activities for child so I have to spend money for child for everything including birthday parties, scouting, etc... I pick the child up everyday after school and do homework with her and on the mothers days bring her to the mother. I actually spend more overnights with her than mother. Child reports to me and to others that the mother hits her and refers to her as "the monster". This situation is ridiculous. Anything I can do?

Can I move out of state with my 19 yr old even when the divorce from 6 yrs ago claims I cant move more than 25 mls from father?

Q: Can we just move since she is over 18 now? Do I need to go to court again? Will her father have any way of stopping her from leaving?

What will happen to my finacial situation if I file for divorce described in the section below?

Q: I have been married now for five (5) years. Two (2) years before I got married, I moved my wife and her son, who was fourteen (14) at the time, from Harlem, NY to Hartsdale, NY. My wife worked the first three (3) years of our marriage averaging $34,000. I am a Union worker who averaged $100,000 during our marriage, For the last two (2) years, my wife has been in between jobs and has asked me on several occasions to help support her daughter and granddaughter. This, has caused me a great deal of stress and anxiety, which is be treated my a certified mental health doctor. However, I am the adulter in my marriage and my wife has video proof of me committing self-sex acts over the phone and sending them to other women. The marriage is completely broken and unfixable. Nor, do I want to fix it. I own a co-op, which I bought in 2001. We lease a car together, and have a run up debt on credit cards. So here are my other questions:
a) is she entitled to five (5) years of equity in my co-op? Or does she get a 50%-50% split.
b) is she entitled to five (5) years of the funds contributed into my annuity and pension?
c) would I have to a "standard of living" cost to her?
A: David's Answer: (a) Most likely neither, though she may be entitled to 5 years worth of mortgage principal being paid down during the marriage. (b) Most likely yes - assets which accrue value during the marriage are presumptively divisible 50-50. (c) Not exactly sure what you mean here, but I presume the query is regarding alimony (i.e., maintenance), which is surely a possibility in your case. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Do I have to still pay child support?

Q: I was put on child support in New York. As well when I went for visitation/joint custody my sons mother filed for full custody. And she was granted full custody where my rights was taken away from me. But I still pay child support. She moved to Pennsylvania and I've been paying since 2009 or 2010 till present. She has repeatedly told me that I have no rights every time I ask if I can see him. So I wonder as many have asked me why do I still pay child support then. And according to some research as me and her aren't married and never have been im basically a nobody to my son.

Th respondent moved from known appartment, and might leave the country,how do I serve court summons on a child custody issue??

Q: Divorced 2yrs ago,shes been keeping my child away from me,flew the child to Africa in june 2016,she came back Dec.filled for custody so she will keep the child here,due to health and educational reasons..what are my chances??i have been financially responsible to the child.

Can I put in a petition for visitation for my younger children to get visitation with their half sister

Q: I'm legally married to my stepdaughter father NYC let me file for visitation today so many lawyers told me it wasn't possible is it because I'm legally married with her siblings involved.

What is the law regarding a spouse's right to pension in New York state?

Q: My husband feels that I am not entitled to his pension, although we had been married for 19 years prior to his leaving our 5 children and me. Since then, we have been living separately for almost 8 years, and i want to get a divorce. He began working as a teacher in NYC after we were married 9 years, and I raised our children, went back to school, worked part time/temp jobs while he obtained 3 degrees and continued working.

Can I get arrears paid from my ex husband's pension or annuity? He is in a union in NYC and is typically delinquent with CS also

Q: I have been divorced since 2012 and have legal and physical custody of my 16 year twins. It was a very messy court battle with no assets to split but a spouse who is a narcissist (confirmed by 2 therapists) and insisted on taking our case to trial and represented himself. He was a contractor and hid his monies. The judge ruled that I receive more child support than either of us expected and I got legal and physical custody. My ex did not pay child support for almost a year and I took him back to court. He was put in jail for 30 days. After jail, he took me to court to get custody of kids saying I refused to bring them to jail to visit him. He did not gain custody. I then asked the courts to allow me to move near my family 4 hours away to try and rebuild financially as he completely trashed my credit by letting house and car payments go. I was allowed to do so and agreed to less child support. I ultimately decided not to move and have been raising 2 kids in Westchester with the lower child support of which he is still deliquent with. Currently he works in NYC and belongs to a Union. He has an annu and pension. He owes $35K in arrears. He pays me approx. $50 per month toward arrears.

Is there a statue of limitations for support reimbursement?

Q: Ex is asking for reimbursement of a camp expense from approx. 6 months ago. When asked for documentation proving she incurred the expense (back then) she didn't provide one. Now all of a sudden she has all of the necessary paperwork and proof. Will a judge award her payment for an expense that old?

How much should I pay in child support, if I make $200 each for 2 kids ?

Q:  I'm a male who has a baby mother with two kids and I'm also married to a different woman with a step child. My wife helps support me because my pay check is not enough. I'm a part time barber and I collect cash to hand. My pay check fluctuates now and then, but it rearly goes above $200. How can the judge order me to pay ?
A: David's Answer: The Judge would likely impute full-time earnings to you, unless you document a diligent search for full-time employment. The amount may be derived from the following chart: Schedule a consult with a Westchester Child Support attorney for a full assessment.

Im tired of arguing with my child's mother. i would like to put myself on child support. how do i go about this?

Q: I'm broke and she expects me to give her money i dont have.
A: David's Answer: You can use the child support chart to calculate your own obligation: Then set-up a bill pay from your bank account to hers. Call a Bronx Child Support attorney for more info.

Do I have to pay for child support for my son (18 years old), if he chooses to go to college part time only.

Q: My ex-husband has my son living in a rented room and I am paying child support. He is planning to attend college now in January part time only. Do I still pay for child support if the child is not in school full time?

How or what can I do to get a appointed child attorney by the judge off my sons case?

Q: I've been fighting custody for about two years now and things are getting out of hand and I feel completely hopeless and powerless! Since the beginning I was told to be careful with a lady who was appointed as my sons lawyer , that she had a very bad reputation of being very unprofessional and is known to play dirty. I was directed by my first attorney to never speak with her without him being present and of course I listened. At that time the judge told us to get acquainted and I tried , called her multiple time and left her messages but she never got back to me. Fast forward to two years and 2 attorneys later ( my last attorney retired because his father passed away ) she always goes before the judge to defend my sons father , has done nothing for my son and he has his own attorney! I hear from her more than I hear from my sons father's attorney and has told my lawyer that she just "doesn't like me". I've told the judge and asked my attorney what I can do but the judge completely ignores it and my lawyer says if I do anything against her it won't do anything but make her really hate me even more and probably cost me my son. I live in Westchester please help!

Custody Battle: father accusing me of smoking weed

Q: Hey thanks for reading my question,
A quick bit of background.
I lived with my child's father and his family from 4months pregnant until he kicked me out when the baby was 5 weeks old.
After I got sanctuary from him in domestic violence shelter he went on to accuse me of neglect and using weed and called ACS and reported me. ACS followed up did a drug test it was found negative as I was still breastfeeding and not stupid enough or selfish enough to smoke during this time.
now baby daddy is suing me for custody/visitation.
In the court papers I was given he claims I don't use the child support or public assistance I get for our daughter and in fact I spend it on weed and that I have a substance abuse problem... This is completely untrue, although I have smoked weed recreationally in the past and have even asked him for a small amount previously. if I am tested again I will test negative but my question is will the case be thrown out due to his false claims?
or will I have to go through regular and random tests from now on? smoking weed is not a big factor in my life but I'm worried if he makes false claims again this will stay on my record and ACS will forever b involved

Do I have the right to see the non custodial parent's living arrangements and know who his roommate is?

Q: My ex and I do not have a court ordered custody agreement. My son lives with me in NYC and his father lives in New Jersey. My son spends most weekends with his dad. The father is now married, has moved to a new location, and rented a room to man that is unknown to me. The father is very secretive and refuses to tell me who the roommate is or let me see the house where my son spends the weekends. I do have some concern for my son's safety as he was bitten by fleas from that house on three separate occasions. What are my rights regarding access to information within the dad's household?

How can I bring my grandson from my country Yemen?

Q: My grandson is back home and his father never Wanted him from day one he doesn't even care if he's alive or dead . I'm trying to look for a way so I can bring him to the USA knowing that I'm a USA citizen so is his father .someone told me that to do that his father has to abdicate his right of being the father but the problem is every time we want him to go to court or do anything he doesn't come what should we do . Keep in mind that he's in Yemen and there is war and he only has his mom.

What are the requirements to renewing a restraining order?

Q: I've had a restraining order against my child's father for the past 2yrs but still feel unsafe due to his history of instability. Recently he told me enjoy my job while I can. Is that considered a threat enough to be grounds for a renewal of the order I have against him?
A: David's Answer: It's not so much that you'd be "renewing" the order of protection - its that you'd be filing a petition alleging a violation of the current order of protection. If you do it before same expires & assuming the Court sustains the violation, it may issue a new order of protection for 2-5 years. Schedule a consult with a Bronx Domestic Violence attorney for a full assessment.

Child support, change of income / Unclaimed income.

Q: i have 50/50 parenting time . In May I lost my job applied for a modification. OC Delayed it till Sept. I got a reduction but it did not go retro to the day i filed. Why?. At that time the kids were living with me for the summer. The income the child support was based on 37 k me 71k my ex . Their is another 24k she gets from renters that was in the D&D and transcripts but not on her taxes. And not looked at when determining child support. I am now working a new job making 71k and she makes 71k plus the unclaimed 24k . I have to back to court at the end of Jan. What can i expect to happen? I don't even understand why i pay when i have 50/50 I feel this is based on gender not parenting time or income.

My daughter is 12 years old and does not want to have to visit her father. Is there a law in nys

Q: I am divorced custodial parent and my daughter doesn't want to see her father.
A: David's Answer: It's not automatic that a Judge would suspend visitation, but certainly at that age the Judge would strongly consider her preferences. That said, if her refusal to visit is deemed unjustified, the Court may find that you have forfeited your right to collect child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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