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July 2017 Archives

Child support owed

Q: I lent my friend money when he got hurt on the job.( was out for a few months) He has several checks coming and wants to sign one over to me for repayment. I know he owes back child support as well. if he signs over the check to me will i have a issue with child support trying to take that money from me?

Do I have the right to give up my parental rights because I am unable to financially support them ?

Q: I was with a woman for 2 years and she had 2 children that possibly mine the kids are 5 and 3 now. She took me to court for child support about a year ago but they dismissed the case cause she missed 2 court dates, so paternity was never done. Now she's bringing me to court again and now I just want to sign over my rights if they are my kids I can not afford them,

My husband abandoned me n my daughter

Q: My husband abonded me n my daughter for a women we live in NYC he left to Atlanta to live with her..its been 4 months he doesn't give me any money for our child he doesn't call her she has no insurance since he left his job in NYC he doesn't buy any clothes for her I live In a shelter now with her n his new girlfriend is telling him to take my daughter away for them to raise her and get me out the picture.can I put a order of protection against both of them n get his rights taken plz help what can I do

Can I file a restraining order against someone who is stalking me through the internet?

Q: This person has is bipolar and has issues . The woman has told nother person that she went on my person Facebook and was reading everything I do . She filed a report on me not to long ago with acs on me trying to have my children taken away. It seems like she's trying to start up something again.

Can I challenge a questionable asset transfer in a child support matter?

Q: I am the father of a toddler. The mother and I are unmarried. She has temporary custody and the custody matter is in Westchester Family Court. We are also in Support Court. I have been pro se until learning facts below and seek counsel with relevant experience for the support matter.
She has/had a stock portfolio on which she made six-figure income that would have given her materially more income than I have (twice as much). She claims to have transferred the stock portfolio and cash to an irrevocable trust of which our baby is the beneficiary and of which she is a trustee. She provided no documentation. The transfer was effected 3 weeks before the first support hearing. I have reason to suspect she is being untruthful.
1. Can the trust documents be obtained?
2. She has a 7-figure deferred income account. Is there a way to have the income from that plan imputed for child support calculations?
3. She inflated her expenses materially for child support calculations and lied about certain items for which I have documentation.
I seek counsel with experience in hidden assets, fraudulent transfers in child support matters. A: David's Answer: The answers to your questions are: (1) Yes, you'd need to make a demand fir discovery & inspection, (2) Any income she's deferred within the last year will count on that year's income. (3) Your demand for discovery can also demand corroboration of those expenses. Call a White Plains Child Support attorney to schedule a consult for a full assessment.

Child support and Driver's license suspension?

Q: I put my husband on child support on 2012. He got the amount deducted from his paycheck but he left his job on December and became a taxi driver. On December we went back to live together again and we have been living together with our son (10 years old) since then.
He received a letter saying he owes child support arrears and that his drivers license will be suspended on July 28th.
I went to court to cancel the child support order but for my surprise they told me we have to go in front of a judge and they gave me a date for August 7th.
What can we done?
In reality he does not owe any child support arrears and if the drivers license is suspended he will become unemployment. Is there anything we can do? Does he really have to pay me?
We live in New York

A: David's Answer:
You can both goto the SCU office and you can make the request that the suspension be lifted. On the court date, you can cancel the order & consider cancelling the arrears, if any. Call a Bronx Child Support attorney for more info.

How do I remove my daughter's father off her birth certificate?

Q: She was born in 2005, he vanished the day after she was born. His name is on the birth certificate, however. He was abusive and forced himself upon me and since she was born, doesn't know her nor does she know him.

A: David's Answer:
If he is actually the child's biological parent, then you cannot simply remove his name from the birth certificate until his parental rights have been terminated. The only way to achieve this in the non-fostercare setting is to file for a stepparent adoption. If this is the approach you wish to take, call a Bronx Adoption attorney to schedule an appointment.

I am separated for over 15 years- my x husband was deported 3 years ago! Do I still have to file for a divorce?

Q: Want to get re-married and my x-husband was deported 3 years ago!
I live in New York and although we were legally married in NY
He never received residency! And was picked up by ICE and sent back to Canada Again we have not been together for over 15 years

If a post nuptial agreement isn't filed with the court, what keeps the opposing lawyer from changing the language in his copy?

Q: I agreed to dismiss the divorce action I had filed if we signed a post nuptial agreement. My question is, since the agreement doesn't get filed with the court, what keeps the opposing lawyer from recreating the document and changing the language in his copy? The signature page is separate. I ask because I believe this may have happened to me.

My ex wife is sending my daughter in day care with very high cost. Does child support include day care cost?

Q: Hi, I am paying through my nose for the child support and day care costs of my daughter. My ex is sending my daughter to day care which costs about $ 1800 per month. I am supposed to pay 60% of this cost on top of the child support that is directly deducted from my salary. To sum this up this takes about 50% of my current salary.
When I am paying $ 1300 for child support, is it mandatory to pay for day care costs on top of this high amount for supporting just one child?
The total becomes about $ 2200 per month for one child.

Can child support money be used for property taxes?

Q: My ex told our daughter that child support money was being used for property taxes, which is why there was very little money to buy her anything, such as nice clothes. Is that acceptable, with a salary of about $150,000 on top of child support?

Can a case be reopen after 5 years?

Q: my ex-girlfriend took me to court for domestic violence. I have not seen her in 6 or 7 years. she file right after I file for my visitation rights to see my son. And I got served with court papers so now they doing an investigation and they put my court court day on hold for my visitation rights to see my son. in sept. 2012 I was stop by the cops cause they thought I had an open beer while they went and check in the system the 2012 domestic violence called she made pop-up. they called her but she never answer so the police officer told me the case will be dismissed so they never process any paper work and the release me.

What does a women gain by having full custody of one child & why would she want it?

Q: Child support is automatically pay by the order of the court. I'm relocating from New York State to Florida. The mother is willing to sign for the child to have visitation summers & hoildays with me but for exchange I sign & give her full custody of our child. Her excuse, the child primarily live with her.

Child Visitation?

Q: I am taking my daughter's mother to court for visitation rights. She has kept me from seeing my child for a year. They live in Florida and I live in the Bronx. Before moving to Florida, we had a verbal agreement that I would see my child during the summer time and Christmas. That verbal agreement was violated. The mother cut off all communication I had with my daughter by purposely changing her number and disconnecting her old phone line. The mother has been served and the court date is next week. What are demands I can bring to court so that this does not happen again.

Child support on external account?

Q: The father of my son is depositing child support on western union not child support account. He doesnt want to comply with child support orders and wants to do his way. Court date is in a month. Can he do this? What could happen at court? Should I take this money or wait for court date?

How soon can we divorce?

Q: I was married 5/8/16. We have an initial interview on 8/7/17 with USCIS. My wife is asking me how soon we can divorce after she is issued a green card. I'm not 100% sure with the whole process. Can someone please explain to me.

My ex attorney just filed with courts to object service for qualified domestic relations order

Q: I've been divorced 6 yrs and recently filed for my ex retirement. The divorce decree stipulates I'm entitled to half for married years (. My ex got my pension during divorce since my assets were tangible he had loans against his and therefore the net worth at that time was not tangible) I received approval from the retirement plan as well as court and filed the DRO w his retirement plan. However I cannot collect until he retires.

If child is 21 and drops out of college but cannot support himself, is he automatically emancipated?

Q: My son turned 21 and does not want to continue college but cannot support himself. He was supposed to graduate when he turned 22 after which child support would end. My ex declared my son emancipated and immediately ceased child support a year early without any discussion with my son or myself. It came as a surprise.

Can I just take my daughters with me, and not return them back to the mother? and petition for physical custody?

Q: I am a male in the navy, I am about to leave the Navy in 5 months, but I am also in the process of divorcing my wife as she abandoned me, and I have proof she has been cheating. I have also observe how unfit of a mother she is, I am always with my daughters and I can prove it as well, as I am the one who solely provides for them financially. I have also been told by my wifes oldest daughter who is not mines, but whom I raised for the past 7 years of being married to my wife, that her mom leaves them home alone for a run to the supermarket. Isn't that considered negligence? I want to move back to N.y. and was wondering if I can just take my daughters with me and not return them back since we both do have custody, and just petition out in New York for physical custody? By the way I am residing in California.

Hi I need some serious help regarding a probono attorney for family court

Q: I currently have an active CPS case it or has already been in court the lawyer that I currently have is not useful whatsoever I'm having a really hard time with CPS right now they are alleging a lot of false information they have pulled my children out of school without my consent to question them,they have a abruptly came into my home to strip down my children and this was a male workers who did this they are claiming that I am not cooperating when in fact I am they are making my life a living hell because I was positive for THC while I was away in Jamaica they wanted me to attend a drug program which I did two intakes for I went today they told me that I can attend the program twice a week from 630 to 730 I advised my CPS worker that I was excepted she was not happy she told me I have to go five times a week which means I work my job accommodated me to attend those nights also the judge had put in an order protection to remove me from the home I had court last week and I am back in the home and now there's another order of protection stating that I stay away from drugs and alcohol while in the home or in the presence of the children! I feel like I'm in violation of my rights

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