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November 2017 Archives

Can I file a complaint in the state of NY for harassment when an x husband sends excessive text messages with unfounded info?

Q: Revived over 250 text messages in 6 weeks multiple times daily most on multiple messages due to the legnth. Making false claims, including adult children in the communication as a means of intimidation to resolve the disagreement in the timing of sale of family home 

How can I get a copy Of ordered dismissal if one wasn't drawn up in court ?

Q: My funds are on hold with child support and they stated in order to release my funds that they need a copy of the petition being dismissed and i explained to them that I was never given any papers the judge just said said the custody petition was dismissed because the dad didn't show up to court after filing the petition for custody against me.

If custodial parent dies and there is an arrears and child is over 21, what steps should non-custodial parent take?

Q: Custodial parent lives in florida and the non-custodial parent lives in New York. I have been paying my support and arrears weekly. The custodial parent died and the child is 21 years of age. The child has been away at college on scholarship and now is home living with grandparents and hasn't been living with custodial parent prior to death and not attending school and has been working. Now the child will be residing with non-custodial parent in New York and planning on returning to school later next year with the financial help of non- custodial parent 

If custody order is vacated and it goes back to trial, can my ex get custody back?

Q: I was granted custody of my son and my ex didn't appear in court due to medical reasons so it's most likely going to be vacated (the custody order) and put back on trial. Does this mean my ex gets our son back in their custody since the order will be void along with the current visitation order? 

Where do I file the petition for custody?

Q: I am the mother of a 3 month old daughter. I was living in Nassau County, New York (Massapequa) until October 1st 2017. I am now residing in Bronx, New York. I filed a petition for an order of protection while I was living in Nassau County but it was vacated and I have to amend the petition. We go back to court at the end of January. Since this is taking place in Nassau family court do I file the petition for custody in Nassau Family Court or do I file in Bronx County Family Court because I am residing with my child in the Bronx? 

Can a child support order be cancelled if both parties agree?

Q: My ex and I have a child support order in the state of New York. We have agreed to handle the care of our child outside of the court. I pay all expenses for my child and provide way more money than the order calls for. We would like to completely do away with child support and the courts. How do we request this? What is the action called? 

What can you do if the non-custodial parent has excessive arrears but is making regular payments of less than 30% court order?

Q: My daughter's father makes regular payments to child support that equals about 25% of what he was ordered to pay. Because of this, the other 75% gets added to the arrears which is almost at 36K. This is becoming a real hardship as the amount that he's paying does not even cover half of my daughter's child care expenses. I am starting to get the impression that as long as he is paying something regularly, the Child support enforcement agency is not concerned about the arrears. What can I do to ensure that he at least starts making the required payment 

Can I change my child support court date to obtain representation?

Q: I have a case in Bronx Family court with my ex who's the typical pro who lived on and knows how to get over on the system. Works but maneuvers to some how get (section 8, food stamps. She didn't served me because I wasn't taking care of my daughter. In fact i was giving her $800 monthly plus additional for diapers and milk. She served me because she wanted MORE money and scorned...4th child, 4th baby daddy. I'm not rich. I work for the city. I made 50k last year due to job injuries (out on disability). Got a part time on the side this year.
A lot of personal hardships unexpected...I have to pay back restitution as I got in trouble with some financial stuff. That kills my pockets but I still had my daughter as priority. I've been going to court the past few months prose, as I couldn't afford an attorney. I don't qualify for one pro bono nor low income. Im paying $1300/month temporary child support. Was told it's too much. It was based on last year tax and my new part time. She had an attorney and I just feel bullied & clueless in the hearings. I'm searching for an attorney but the days are close. I have court in 2 weeks in the Bx. Can I postpone to obtain council? 

Can a judge issue out a warrant for my arrest if I don't show up in court?

Q: I paid my lawyer 3000 dollars to take my kids father to court so he can help take care of his two kids so now to get pay back he's trying to get custody of our two children he's abusive he has a felony charge against him and charges for abusing me and my oldest daughter he also has a charge for abusing his oldest daughter with an extension cord.. I'm in danger of him and his family I do not want to go to court I just want this situation resolved but I need to my rights please.

My wife keep threatening me if i divorce her , she will kill herself and write a note that i was the reason for her death.

Q: I have been married to her for over 2 years and she suffer of deep depression , now we are not living together and i am thinking on moving on with my life and i met someone else i am planning to be with , but the problem is she keep threatening me if i decide to leave her , she will commit suicide and write a note that i was the reason for her death because she knows i will be in trouble , knowing that we do have a case with uscis pending for over a year and i didnt get my papers yet but i am not willing to be with her anymore . What i am suppose to do ? 

How do i compel Milana Tepermayster, my ex's attorney to speak with me as prose? he's in alimony violation and she knows it. ?

Q: I'm prose. my ex husband's attorney is refusing to speak to me, email me, and to send me written letters. i cannot get her to confirm she represents him. I've written the judge to please interfere since she refuses any contact with me. In fact, i cannot even confirm she still represents him, because if she did, wouldn't she by law have to speak with me somehow? she knows he's in violation of the judgment and has not provided full alimony. she's refusing contact as if he because he's in violation. I've had to call him at the FDNY station house before to ask for my alimony checks that he's in violation of and not providing, because she refuses to speak to me. I can't confirm that she indeed works for him, her silence says she isn't employed by him any longer. 

Is it illegal for me to send legal documents to my ex husband? it doesn't' appear he has a lawyer?

Q: I'm prose. my ex husband's attorney is refusing to speak to me, email me, and to send me written letters. i cannot get her to confirm she represents him. I've written the judge to please interfere since she refuses any contact with me. In fact, i cannot even confirm she still represents him, because if she did, wouldn't she by law have to speak with me somehow? I'm going to send all legal documents directly to him and not to her, since i cannot get confirmation from any of her staff that they work for him and represent him. Yes, if he has a lawyer it's customary to send it to them, that i understand... I'M ASKING IT IS ILLEGAL FOR ME TO SEND HIM DOCUMENTS INSTEAD OF TO HIS LAWYER? as long as he receives all documents he's required to by the judgment, and he does, i am compliant, yes? (fyi there is no restraining orders in place) 

How long does it take to enforce a New York Child Support Order against a noncustodial parent residing in the UK?

Q: My ex moved to the UK and has decided to stop paying child support. He is 18,750 in arrears so far. I filed an open case with the office of child support enforcement in New York, but I am having difficultly getting information on how the process works and how long it takes. I believe I have located his employer and I do have an accurate home address. 

How do I get an ACS case closed in NYC?

Q: August 2016 ACS was called because my son was sleeping in class. I took him to a specialist as they requested. He had no sleeping disorder. The sleeping habit was corrected. December 2016 ACS stated I need preventive services which I never received until August 2017. They requested I go to a drug program which I did and I completed it, from March 2016 to June 2016. But my case had nothing to do with drugs or abuse. ACS never requested my information from the drug program. The counselors you to ask if I had a case? Because no one requested My information or checked how I was doing. My worker never came around. Now August 2017 I get a new worker who is making me do this stuff all over again that I already completed. Mind you my son sleeping in school does not happen anymore. 

Baby daddy using medicaid on my son?

Q: I was in Pa and just returned to NYC and applied for medicaid to find out that baby daddy is applying for medicaid with my son. Hes taking me to court to take full custody (judge asked him to do paternity test) so hes not even considered a legal parent and yet got his way to use my son ssn for medicaid. Is this considered fraud? What can happen at the court? So he came in a year ago as I petitioned him and already have one arrest for domestic violence and two harassment report.

Does the custodial parent or the NYS CSU petition for a violation of arrears and my daughter is 21.

Q: I have been divorced since 2009. I have been fighting in Family Court of Westchester County with him ever since. But it was interrupted once because he had testicular cancer and then he collected disability and I received around $1644.00 a month. He moved to the Netherlands and my payments stopped in July of this year although I had been getting it for years. He is also a British citizen. He has had many judgements, the NYS CSU can't tell me anything due to privacy laws or their stories change. One person said I need to petition for violation of arrears, someone else said you cannot petition for violation of arrears. A case was opened in The Netherlands but closed because they couldn't find him.
Some agents said letters were sent out and I had to wait 20 business days. 

My wife lives overseas and is refusing to give me her address to serve the divorce papers. How can I divorce her?

Q: I am a US citizen in NY, USA. She is in Ethopian now in Ethopia( not part of the Hague Apostille Convention). We have been seperated since 12/2008. We have no kids. I don't know where she lives. She reaches out to me once in a while and then disappares. How do you serve someone who doesn't want to be served? 

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