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October 2017 Archives

Should i cancel the child support order

Q: Child support is only mandating the father pay $25 per kid a month we have 2, so that 50 he doesnt even keep up with bc he doesnt like being mandated by the court & he swears he wud do more if he wasnt obligated. My expenses are way over 50 a month i really cant do anything with that anyway should i just take him off? 

What should I do...make an Ord to Shw Cause showing why the judge's decision was incorrect + ask that they be ordered back to NY for GOOD?

Q: My ex-wife, after our divorce was finalized, made an Order to Show Cause in a New York Supreme Court to relocate and was successful; as such, she and our child moved out of state.. There was a hearing, and I fought the alleged merits to the move. The judge issued an "Interim Decision After Hearing". The judge set forth several conditions that my ex has to comply with, e.g. , proof of employment, proof that she came back to NY to visit between now and our next court appearance (which will be in March 2018, proof of pediatrician's treatment of child, proof of family's support in new locale and proof of compliance w/ other matters . If she succeeds in convincing the judge that she has complied, then the move will be made permanent. I WANT THE JUDGE TO ORDER THEM TO RELOCATE BACK TO NY because the family reneged on the promised support, the child is not seeing a doctor for a somewhat serious condition and more. I believe that the move was not made in the child's best interest. There is also new evidence, which is relevant, and very well might have changed the outcome of the decision that I'd like to submit, that I couldn't have known at the hearing, because they just came to light. 

My son is 18 and working full time. Should I continue child support.

Q: I been paying my ex an agreed amount for over 14 years with minimal problems. My son graduated this past June and started seeking employment. Unfortunately, he has no intentions on attending college. He's currently working and trying to go full time. He takes a bus to his job and a car would make it easier. The issue started when I told his mother that I'd like to use the money that I give her, to purchase a car and pay the insurance for him. (The car is currently parked in my drive-way). She said it's not fair to her and if we go to court, they will award her more than what I give her. My question is, should I continue to pay her and return the car? or should I stop paying her and get the car on the road for my son and risk being dragged into child support court? 

Am I eligible for annulment ?

Q: Dated prior to marriages. He was taking pills and suboxon. When I found out, I ended relationship. Haven't seen him in over 2 years he told me he was all clean, no pills, no suboxon. We starting dating for almost 6 months again and we married. The marriage was going south almost immediately as I saw a major change in him. He finally confessed he has been taking suboxon the entire 6 months we dated and couldn't get it anymore from "his source". This was totally deceitful, as I NEVER would have married him if I was made aware of that. He admitted that was why he never told me. Now we haven't had sex almost 1 year as he says he's impotent. Saw a doctor and does not follow through. He says he won't give me a divorce, but does he have a say in it or am I entitled to an annulment? We have no kids together or any assets together. No bank accounts, nothing. 

How can I get visitation rights for my son if the childs mother uprooted from NY and went to FL?

Q: I had a child support hearing to determine the paternity of my son. The paternity came back 99.99% me being the father. The judge asked if I had any doubts of paternity and I stated " I needed time to think about it". The judge gave us another court date which I did not attend. They began collecting child support from my checks. We were residing in the NY. I recently discovered that my sons mother relocated to Florida but was not made aware of anything. 

How do I get the NCP to stop removing my child from social activities such as afterschool?

Q: I have sole custody with full decsision making power. The custody agreement we have on file was drawn up when my child was 3, she's now 8 and wants to participate in the myriad of activities her current school offers. The NCP keeps threatening to remove her from school because it's his court ordered parenting time. If I have full decision making power and have a history already enrolling her in programming after school hours (she's participated in summer camps and a sort of extended day program at her previous school), does he have a legitimate claim here? Can he really remove her from her program without my knowledge and express consent? 

I can't find My Son's Mother so she can pay child support, what can I do?

Q: I won custody on my son about 2 years ago in a custody case, there was no judgment for child support because the mother didn't bring in any of her financial info. when I applied for child support she had disappeared. I asked the courts and they are making no effort to look for her, but I know she is filing taxes and has a job but I don't know where she works. what can I do? Is there someone who can help me?

How do I get the NCP to stop removing my child from social activities such as afterschool?

Q: I have sole custody with full decsision making power. The custody agreement we have on file was drawn up when my child was 3, she's now 8 and wants to participate in the myriad of activities her current school offers. The NCP keeps threatening to remove her from school because it's his court ordered parenting time. If I have full decision making power and have a history already enrolling her in programming after school hours (she's participated in summer camps and a sort of extended day program at her previous school), does he have a legitimate claim here? Can he really remove her from her program without my knowledge and express consent?

Can i still get divorced from my DR husband.He is not in NYC. Am i still legally married? Its been 7yrs in a pending case

Q: Im Married to a DR man for over 7 years, our case is pending. He lives in DR. I want a divorce. He moved but all i know is were his mother lives. Im i still legally married since its 7 years, he is in DR and i live here in NYC?

How can I make sure it is noted I have full custody ?

Q: My baby is 9 months old and her father hasnt been present for the most part . He refuses to go on child support and says he is in debt right now and has no job so that he needs time . Its been months of this . My question is - since Im the one taking care of her and providing for her is there anyway it can be legally noted that I have full custody ? I dont feel safe with joint custody - he has a violent record and past and wont risk that when it comes to my child.

How can I get papers stating I have custody of my kids, I already won the case in court but never received any documents ?

Q: I am father of two daughters 13 and 11 my children mother got an Acs case and I step and recieve remand care, and that judge told me to apply for full custody and I did and the judge awards me the case because my Kids mother stop coming and didn't comply with acs

Case filed in the Bronx, New York State family court for child support, has the statue of limitations run out?

Q: My mother filed an order for support against my father in 1995, when I was 16 years old in the Bronx, NY, where we lived at the time. My father, who lived in Philadelphia, Pennsylvania at the time the order was filed, paid child support to my mother from the time I was 16 years old, until I had a child at 20 years old (I was still a full-time college student, but worked full-time). I believe he was able to get the payments stopped because I had a child, and a full-time job. However, he had an arrears balance of about $11,000 that he did not pay. I am now 38 years old, and my mother, who lives in New York State, wants the arrears balance paid to her so she can help pay off my student loans. My father now lives in California, and works. Can my mother file an order for him to pay the arrears balance, or has the statue of limitations run out? It has been about 18 years since he paid anything to my mother.

My granddaughter was given a court appointed lawyer about six months ago and she has yet to talk to my 6 yr old granddaughter ?

Q: My son and daughter n law are in court for custody of my granddaughter and was appointed a lawyer who has yet to talk to her. My daughter n law has had already two acs cases and my granddaughter has spoken to acs and told them she doesn't want to live with her mother and the acs worker doesn't understand why they haven't spoken to child yet. All I get when I call is a nasty attitude and when there is court the court appointed attorney sits with the mother which also she is bias against the father. The court is in the Bronx family court . We want to change the lawyer because my granddaughter is in need of someone to talk to. When we called the last time to speak to this court appointed attorney we left her message and she told the judge that the father and grandmother act like the child is dying which isn't the case but how can she even say something when she has never spoken to the child? We are being treated unfairly. please help me email me

I have a question? Currently I have alternate weekends which are from Sat from 10 until Sunday to 8pm. I live in NJ to cross NY

Q: Currently I have alternate weekends which are from Sat from 10 until Sunday to 8pm. I live in NJ to cross NY back and forth which I feel is unfair because I believe it should be 50/50 but I am going to trail to fight that as we speak. So my question is really, if on the court paper of visitation it states "liberal visitations" and I wanted to know how does it help me as the NCP. For example, I was on court last Thursday and my son was in daycare till 3:30pm. The court ended at 2:45pm and I wanted to see my son at daycare for atleast 10 minutes before I have to drive back to NJ. 2 things happened, which was when I text my sons mom who I am not married to just a child together. She said NO that its not my day of visitation. Also, the daycare when I called to see him he said there is a law that I cannot see my son during daycare hours. I found that absurd because I don't even think that there is really a law for that. I have no restraining order placed on me nor violent history. Can someone give me advice and what action should I take so when I go to my court day on 10/23/2017.

My children's father does not want me to go back into the home that we both own.

Q: In December 2016, I had to move from my home where I lived w/my children's father because day in & day out he continued to be verbally abusive to me in front of our children. I didn't know how to kick him out because he is the owner of the home & I knew he would not leave. Therefore, after hearing him continuously throw me out of the house I was forced to leave to prevent my children from seeing this kind of abuse. When I left I tried to talk to him & I continuously asked if he could provide financial support for the children & he would always state to me that it was my responsibility because I took the children w/me. For months I tried to talk to him asking to please help me w/the children's expenses & he would attack me & say it was my obligation. So, I finally took him to child support & finally after 9 months of no financial support he was court ordered to pay child support. But in that 9months my bills piled up & I couldn't afford my rent/food for my children & it forced me once again to move. I moved back to my moms & now I live in a room w/my 2 young children. I've asked him if I could move back into our house in 1 of the apartments, that I would pay rent. He refuses.

Just won a motion for my ex to split our child's college per the agreement. Q: Do I have a shot at having my ex pay legal fees?

Q: I forgot to include a request for legal fees in the motion itself. Is it too late to make the request? I was thinking of preparing a motion to recoup legal fees, citing what's in the agreement regarding default. (I sent my ex several 'default notices' in the form of emails with receipts attached.) But I don't want to prepare a motion if it's going to be rejected immediately given that there was no request for legal fees in the motion itself. Advice? 

Can I get a divorce a month after my marriage?

Q: My case is really complicated. I'm an overstayed immigrant who got married to an American in New York. Our marriage is just 1month but I've not set my eyes on him since we got married. We never lived together or acquired any property together. I feel like I got married to a stranger and I really want to be out of this soonest. How can I get a divorce and forget I was once married?

When we go back to ct., I want to submit a printout of the web page as evidence.. The judge isn't technology savvy. Is this ok?

Q: In a long drawn-out war in a post-divorce hearing in a NY State Supreme Court, my ex-wife convinced the court that it would be in our children's best interests if they were to relocate. She was unequivocal in explaining why this would be essentially a probationary move; she testified that she was non-compliant with order after order set forth by the court and the judge does not trust her. She was ordered to return to court in March of next year to show that she has been compliant with the new set of orders imposed by the judge. If she is deemed to be compliant, the move will become permanent.
Not surprising to me, she picked up where she left off, and has defiantly disobeyed the new orders. What really bothers me the most, is that she informed me after the move of her new address. I checked it out, and there is a registered (child) sex offender in the same building. We are on the "outs" but I have sent her emails beseeching her to inform the kids that there's a "bad man" living upstairs and to stay away from him. She refuses to do so. I'm afraid for their health and safety.

1) Doesn't she have to PROVE that I'm a threat, rather than me proving that I'm not? 2) If so, then shouldn't she subpoena him?

Q: My wife and I are divorcing in a NY court. I want "normal" visitation with our kids and she's "busting chops" about getting sole physical custody, saying I'm a danger to them, and harping on supervised visits only. I'm not, and she's the only one whoever said so. I have been seeing a psychiatrist; I don't think he's too smart, and would be vulnerable. if I call him as witness.

Can I file sole custody with this situation ?

Q: Good morning my name is yulissa i want to file a sol custody petition for my 1 year the father has visiting rights and we have joint I want sole custody he always fails is days and in numerous times I have had to pick up the child at 3-4 am because he states he can't deal with him child cry when he is drop off other then his weekend he not involved child consideres my husband his dad court gave him 3 weeks which one week was a mistake and even tho he has them no one did he take the child . I work I have a stable home 5 other children plus my husband we normally travel during the summer he is also giving a hard time with that I'm very family oriented please help 

Can I move with my military husband if there is a prior custody order for my daughter?

Q: I have a daughter with my ex. She is currently 8 years old. I received a final order of custody in this year August. I have sole physical and legal custody and my ex gets every other weekend Saturday morning to Sunday evening. Plus holidays are split between us alternating years for day visits. In the order it also says that I cannot relocate outside of the greater New York city area. My husband is about to join the military and he is thinking of doing active duty marines. Which means that after he finishes basic training and tech school he will be stationed on a base out of state. If I want to move with him to live on base in another state, will I be able to bring my daughter with me and get my court order modify so that I can move out of state. The base could be located in either California, Georgia, South Carolina, Arizona or Virginia. How do court orders work when you are married to someone in the military but have a child with your ex? How does family court handle situations like this? I already know my ex will not agree to allow the move. I don't want to stay behind from my husband for 4 years but I dont want to leave my daughter with my ex since he cannot support her.

How Can Notice to Appear due to Past Child Support Arrears be Cancelled Out?

Q: I owe several mos. back child support arrears. Child Support Unit sent Notice to Appear to us. I just mailed them a payment after finally getting paid, as I only consult now. My ex has been very patient. Neither of us wants to go to court. How do we avoid going & cancel this? What are the next steps?

In NYS can my friend record our conversations then give them to my Ex to use against me in court?

Q: Going through a divorce in NYS, talking with my friend of 15 years about my Ex (no threats or specifics about the divorce) just about my feelings regarding him and his mistress. My friends husband works for my Ex, as does my Ex's mistress. Can my friend record our talks without my consent and then give them to my Ex to use against me in court? My friend knew about the mistress from other sources. Our case is only financial there are no children and I filed on irreconcilable differences not infidelity.

How can I get my arrears lowered can't afford to pay the 277... how can you help?

Q: I'm disabled and I only get $525 from SSD child support is taking $277 of that I can't even pay my rent I don't get food stamps so how am I supposed to eat please help me I no longer live in New Jersey I live in New York now don't have enough money to travel back to New Jersey to go to court don't know what to do please help

Can father be declared unfit and permenanently lose contact?

Q: Custody/visitation - Filed motion significant change in circumstances Father recovering heroin addict. Three and half years sober - employed with same company for 3 years. Modification originally heard 3/ 2015 over two years ago. Both parties represented by attorneys. attorney fo child interviewed son at age 7 - said he wanted to see father. Father sending monthly gifts to son. No acknowledgement from mother. Paid out $ 19000 to attorney. Pages and pages of treatment records - opposing attorney not satisfied with records
Both parties now pro se. Second attorney for child spoke with child at age 9 does not want to see father and wants step father's last name. Judge asked father how he wants to proceed. Taken by surprise. Attorney for child will continue to obtain more records. Can judge order no contact with father? forced to give up son for adoption? Attorney and judge treat father as if he is an active addict . Father feels discriminated against. Treatment records release given to attorney for child. mother wants records thinks dad is hiding something. Father had been on methadone tapered off 2 years ago and completed level one outpatient counseling program

Child support question/ex wife supported by rich dad

Q: I've been divorced for 5 years in NY. I pay child support for 2 children. I'm a part-time school teacher earning a modest income. My fincee and I bought a small house with a small down payment. My ex-wife IRS 1040 shows $8,000 in earnings! She lives in a house that her father bought. Her father sends her money for all her payments; she only works part-time as a receptionist in a real estate office. She is demanding that I send her my IRS statement from last year, to get more money from me, of course.
I would like to know if she should be reporting all the gifts her father provides (housing and expenses all paid) and how her income should or should not affect my child support amount. Also, How will a judge in a court of law view this case?
Thank you very much

Order of affiliation was given a almost 2 years ago can he still make the changes with out going to court ?

Q: My son is a year old my husband signed is birth certificate when he was born the bio father took me to court established paternity 5 months later and got an affiliation never did anything my son is still registered with my husband last name and his name is still on the birth certificate my son turned 2 years old on January can I do anything to keep my husbands name on the birth certificate or at least his last name on the child

My son wants to speak to the family court, child protective services but can't because he is in a teen treatment center.

Q: My son, a 16 year old, 11 month old has been held by a teen treatment center for over 45 days. He wants to leave, live with me and go to a public high school. He basically wants to move on with his Iife. I recently filed for a modification in custody. I believe his Mother wants to keep him there so she can continue to receive $1500 a month in child support as well as 42% of additional child expenses, which she always inflates. The mother and the school district have enrolled him in a day center run by the teen center which would mean greater profits for them. The school district would send tens of thousands of dollars to the outplacement program so my son could be bused two hours during the day in New York Traffic. Basically, my son is a pawn in a sick game. The custody proceeding has been adjourned six weeks from now. My son say's he has the right to be heard in a court of law. I don't know what to say to him and I'm only given 10 minutes a day to speak to him. I'm hopeful a law guardian could be appointed soon, but don't even know if he/she will get access to him. He's 90 minutes away in another state.

How long does an annulment process take without newly married spouses having assets?

Q: I have been married for 5 months. my husband and I are living on different island. He have mislead me in many ways the person he claim to be he is not. he lies a lot and do not support me. we hardly talk on phone or video call each other. theres ...

Can I get sole custody of my child until she's enough to decided weather she wants him in her life?

Q: He left when I was 7 months pregnant, didn't bother asking about the rest of my pregnancy. He didn't sign the birth certificate. He saw the baby when she was 2 months and went MIA and didn't see the baby until she was 7 months old. He went MIA around April and has been around since.

If my husband stays out for days at a time will that help me with the divorce should I file a missing persons report each time i

Q: I desperately need a divorce my husband stays out for 2 days at a time should I file a missing persons report and will this help me with my divorce

Is it the law that the father is responsible to pay for supervise visitation when the mother is requesting it ?

Q: I have been granted Sole legal and physical custody of my son, the mother has not seen him for a year do to her issues with no license do to failing to pay child support, and CPS issues.

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