February 2017 Archives

Q: I have a temporary order of protection from NJ courts, a full stay away from myself and my children. My ex husband and I are currently involved in NY family courts and because of the TPO from NJ, the judge in NY family Court couldn't order any visitation or custody orders. If I get a final stay away order of protection from NJ, will that determine my having custody in NY family Court? No orders are in place and if NJ sees him unfit, what can NY do?

Q: I have CPS but she dont do nothing only feels like it I have a baby girl 9 months and one on the way have a boyfriend who's 22 years old I'm 17 years old not the father of my kids but is willing to take me and the kids is it possible for me to move out with my boyfriend parents don't want me and nobody helping me but myself and my boyfriend??
A: David's Answer: David's Answer: If your parents are consenting to you moving out, and the place you'll be moving into has proper accommodations for the children AND you can financially support yourself and the kids, then I see no reason why you can't move out. Of course, from your posting it's unclear why CPS is involved, so this would need to be factored in. Schedule a consult with a Westchester Family Law attorney for a full assessment.

Q: constantly being harassed by individuals,by electronic harassment, and stalking?
A: David's Answer: If the "individuals" are not related or someone you had (or have) an intimate relationship with, then your remedy is to contact the police. Otherwise, you may consider filing for an order of protection. For more info, call a Bronx Domestic Violence attorney.

Q: I would like to file a formal complaint against a family court referee. How do these complaints get reviewed? Would the referee be aware of who file the complaint? I think the fear of retribution is what deters some people from filing complaints against referees who don't serve the people as well as they should.

Q: OSC in contempt of CS & Alimony. Defendants financial disclosure submitted is not credible. How is this handled in court? 2013 tax return "fraud". Neighbor's residence reported on return, phony business out of residence, . All Tax returns are fraudulent, under Phony businesses.
Ex's Bank Statement Net Deposits Exceed his Tax Returns Gross Income. Bank Transactions show traveling out of country, dining, & entertainment exspenses. Excessive gambling. ATM withdrawls $1500- $2000 per month. No bills paid out of this account. Financial affidavit is a lie. 3 household incomes not reported, hardly any living expenses listed. No entertainment expenses reported. Sells 6.5 mill in real estate top 2% in of sales for national brand, public info. Mortgage broker too. Financial discovery not done. How do lawyers deal with financial fraud, financial documents that aren't credible? What do Judges look at to establish income?Should my Affirmation response to his cross motion be listed as filed on court docket? I am concerned it was not filed properly. Trial is in 10 days. I can not understand how anyone could work with fraudulent documents? I am drowning in debt with no support.

Q: I have a old support order that I have been paying on (thru garnishments) for over 17 years. This is paid to the Dep. of Social Services because my children were in their grandmothers custody and she was getting assistance. The child support order has been reduced to a money judgment. The original amount of the money judgment was 23k but, the 9% interest has a total of 33k so all together i'm told that I owe 56k. Now, I have been paying this for over 17 years which means that I am just at about a total of 34k paid out according to the NYS Child Support Enforcement Office. However, the record shows that I still owe 23k. I have petitioned the court to see if they would remove this interest which has prevented me from getting away from this buren. This seems unlawful for them to charge that much interest, haven't I made them whole and will this ever go away?

Q: In family court, can I have multiple active petitions at one time? ex: One custody and one child support at the same time. Would I have to wait for the conclusion of one to file the other?

Q: I have a divorced case with one lawyer and we already went to the judge to do a settlement. I have a child with the my soon the be ex husband and he has stated under orth that he does not live with no one. The first time and only time I let him take my child over a vacation week. I find out that he not only living with someone but that he is getting married. plus during that time he did not let me speak to the child or let me know what was going on during the week of the visit. So when my child return I went back to my lawyer to see when can be done because the father is not listening to me and is not going by one his half of the supplement. My lawyer told me that I had to my more in fees and make a document to state what was going on the judge. I agree but now it is two months later and nothing is happening. I just want to make sure that what is happening to me is ok and if not what can be done.

Q: I have a family law situation and need to file. I have a Scarsdale PO but live in Eastchester. Taxes and schools are both in Eastchester. Do I file in New Rochelle or White Plains?

Q: Recently i submitted a petition of paternity. But once in the court i realized that the petition was the incorrect way. For a paternity motion to be granted it has to be at the begining of birth or so many days or months after. In my case i signed the birth certificate and am asking for one 13 yrs later. Now my motion to vacate paternity is not to vacate child payment. It for removal of my name as the childs father.. As i look at more cases similiar to mine. One word or sentence keeps coming up. And it's the best intetest of the child. . In a case in Kentucky a father has to prove that he is not the father and once he does and the results are in and it read that he is not the father all child support payment stops and he is declared not the father. Only state the in country that allows this. So back to best interest of the child. I understand that certain situation can affect a child dearly. So the courts try their best to accomodate the well being of the child. So for example if i had spent a significant amount of time with the boy (13) yr old now,Then i can see how me removing myself can harm him psychologically. But the child doesnt know me. He knows who his father is.

Q: I am married to her and she gave birth after our marriage even though i am not the biological father can i have my name put on the baby's birth certificate?

Q: I filed for divorce from my wife in White Plains, she may or may not represent herself. If she does get an attorney, am I responsible for any of her legal fees. ???

Q: The bilological father is a asking for visitation rights after 5 years later and he wants to change my doubters last name to his but she has my patners last name since he has raised her since she was born. What can I expect ??
A: David's Answer: If the child hasn't had any relationship with Father, then I'd highly suggest that you request his visits to be supervised at first, so that the Court (& you) can ensure the child acclimates to being in his presence. You may also wish to consider having your partner adopt the child (which would serve to terminate the Father's parental rights). Schedule a consult with a Westchester Child Custody attorney for a full assessment..

Q: Will my lawyer tell the courts I violated it does he have the right to tell them?

Q: Currently, my daughter resides with me as she has for her whole life. There's been no custody hearing, we never married either. I will be marrying, not her father, in April. Her father claims he can go for child support once I marry because of my future husbands income and since I don't work due to being on disability and might not work when we marry. He claims a judge will look at my future husbands income as mine. Is this true? Her fathers income far exceeds mine from social security. Also claims since he sees my daughter he does not have to give me as much as he does. There is no child support order either, I assume the money given is looked at as gifts since this was only a verbal agreement and has dropped multiple times.
He is trying to get my daughter to live in his home in order to not give me money to raise her and try and take me for child support and my future husband. Does my future husband count in all this? Does my future husband have a say? Does the father have a right to go after his income even though this is not my future husbands child?

Q: Acts put me involved with a case against both parents and my kids is 17 and 21 and don't even stay with me and I still take care of my kids and they feel I'm suppose to be taking care of other people kids and not mines.
A: David's Answer: I believe you mean "ACS." That said, ACS may consider you to be a "personal legally responsible" if you have any care-taking responsibility over the children. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Q: LAST KNOWN ADDRESS FOR MY HUSBAND IS IN FLORIDA DONT KNOW WHERE HE IS . WHAT KIND OF DIVORCE CAN I FILE FOR ?
A: David's Answer: It's not so much the "type" of divorce you'd file - it's that you'd need to do a diligent search to locate him. This usually entails hiring a P.I. to conduct the search - and may ultimately involve publication notice of the summons. Schedule a consult with a Westchester Divorce attorney for a full assessment.

Q: I'm a disabled woman on low income been seperated for nine years been married for ten in a church he moved mexico cant find him he has other kids thru social media i live in nyc
A: David's Answer: You'll need to shop around - attorneys fees vary widely. Nevertheless, the Courts usually require that he be served with the papers. Schedule a consult with a Bronx Divorce attorney for a full assessment.

Q: I was married,ex wife had a child from another man. I signed the birth certificate. Now this was in 2003. Since the child's birth i've only seen him 2 times. Only as a baby. The child doesnt know me or if he sees me wouldn't know who i am. Now i understand that in the eyes of the law im the father and the courts looks out for the best interest of the child. Now i understand if i played a role in this child's life. That removing myself or just not being in his life can affect him. But i played no role in his life. My ex gave dss in ny my info and im paying child support through dss. I only pay 50.00 a month but i do that because i dont want loose my driver license. I never knew i had child support till i moved back to ny. I was never served. I took that issue with the magistrate in yonkers,but she didnt believes that i was never served. Mind u i was living in puerto rico for 14 yrs. Now i need to file a motion to vacate paternity. I dont have money for an attorney. Im filing the motion on my own. Now like i said the kid is 13 yrs old. I never ever spent anytime with him. What are the chances that my motion is granted?
A: David's Answer: Given the age of the child, the fact that you were previously before a Magistrate & didn't (apparently) formally raise that issue, and given that you intend to proceed without a lawyer, I'd humbly suggest you play Mega Millions - your odds may be better there.

Q: My dad is paying over $100,000 in arrears to the state of N.Y. for children he has supported throughout their lives even after my sister's death they're still talking the money. He receive ssdi and have not enough money to care for himself. What should be done???
A: David's Answer: Assuming the arrears accrued pursuant to an order which existed before the death of the child, then he'd have to pay-off those arrears. If there's an ongoing order of support, however, he should file a modification petition & produce a copy of the death certificate to the court. Schedule a consult with a Bronx Child Support attorney for a full assessment.

Q: Wife left marital home with me and our 3 children and informed me that she might pick up the kids later and seek custody when she is settle in new state in the future. She kept contact with the kids so I understand is not abandonment in the legal sens. Hoping for a reconciliation but not wanting to loose out if she come to pick up the kids later, I am looking for a legal way to make some sort of "declaration" that I have full custody without formally starting out the custody process. How does a dad can guarantee that he will retain such a custody without going through a custody process? Wife has left home 5 months now.