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January 2018 Archives

Can my ex ask for more visitation, cause kids to commute to school and use that to lower child support?

Q: I have shared custody with my ex, I am the custodial parent and the children live with me seeing their father every other weekend and one weeknight. Since he left 5 years ago he has been trying to get out of paying child support. I was able to get some back support paid and enforce current support. He has not asked to see the children any more and has always lived 20+ miles away.
He is now asking to have the kids 2-3 more nights a week which would make them commute 45 min to school and have to wake up before 6am. I believe he is trying to get out of support again and try to get it lowered. I'm not even getting the minimum support because after a short time of spousal support ended the court did not recalculate my support so I get around 16% for 2 kids. The children are 12 and over and not agreeable to the change. Was my divorce and custody agreement only temporary? Do I have any rights and would a judge force my kids to commute from a town in another county? I am in my right to have the child support modified at this time, it has been 3 years since final divorce and it was not recalculated after spousal support ended. Thank you.

If your in a domestic partnership and your partner is on child support would u have to include your income?

Q: he has a child by a different woman, who put him on child support however im now pregnant with his child and we planning on getting a domestic partnership certificate am going to have to get pay his child support

My husband wants to take responsibility for my 6 year old as in adopt can he do so?

Q: I have a six year old boy which my husband has been in his life since he was 3 months old the person he thinks is dad isn't bio father but the court made legal father with DNA he pay no child support and is also a very aggressive child spends time with grandparents and all I get is threats there is drug abuse from the legal father and I just want what's best for my son help there is no custody or visits in place and my husband loves this child like his own.

What does it mean if my case goes to 9 in manhattan family court?

Q: what does it mean if my case goes to 9 in manhattan family court? I sent the judge an affidavit regarding the false harassment charges my ex husband placed against me. in my affidavit I responded that his attorney refused contact with me as prose, that his client had admittedly stalked me on a few occasions, and that my purpose for contacting my ex at work was in regards to his outstanding arrears payments that both he and his attorney refused to acknowledge or complete the maintenance payments to me. I am prepared to provide evidence if this was to go to trial. what does Part 9 conference mean?

There is no law that prevents me from publishing documents from my ex and his lawyer online, correct? and hash tagging them?

Q: i cannot currently contact my ex husband due to a false restraining order he filed (in Manhattan court claiming i'm violent because putnam county court is aware HE is the violent party who was arrested due to the bruising the police documented on me). He made various false statements about i'm contacting him for "extortion!" and he doesn't know why i ma contacting him. He and his lawyer for 6 months refuse to address that he's failed to pay me maintainence in full. I have the correspondence to both parties alerting them to his violation & their refusal to pay me. Since he knows this is not extortion, he lied in his filing to the judge in his restraining order! I cannot contact him directly, in any form,w (which i have not nor will i). my question is - there is no law that prevents me from publishing his restraining order petition on line, correct? There is no law that prevents me from publishing the letters from his lawyer stating he will not follow up on maintenance issues, correct? I want to post all this on social medias and hash tag her firm and my ex's name. this is all "factual evidence" as they state, so why can't i publish it and expose them for their mis truths.

How do I divorce an illegal that tricked me in to kids and marriage then lost all interest in me after I filed her INS paperwork

Q: I meet my wife working at a night club. I was the owners private security guard. She was a barmaid - entertaining and suducing men so they buy her alcoholic drinks all night in exchange split commission on the overlay prices alcoholic drinks for the barmaids. I befriend her told her about the hard time in my life and she then pretend to be a friend. I later left the establishment as if hurt me that people started to know I liked her and they would tell me she was a call girl being paid for sex, and that she was pretending to not be in relationship with some older gentlemen but he would constantly told me how they are together and how he always give her a lot of money. I did believe it but to make a long story shortly after I stop working at the place and was disappointed because I really started to feel for her only to later find her working at the new club I would play pool at, and again she was with the same older she was dating. She then said hello. I tried to ignore but since I like her we started to talk again she then supposedly stop talking to the wealthy older gentleman and asked me to move in then after paper was filed she stop having relations with and talk to me bad.

Do I have a stronger chance of getting custody? Full or joint?

Q: My daughter's father and I are unmarried and splitting up. We both reside in NY and he is threatening to take her away from me to hurt me. She gets babysat by his sister, whom I pay, while I go to school in the mornings to finish my degree. I work as well as a real estate agent from home, so I am mostly with her. When together, he would only sleep all day and party all night. He does drugs and drinks and comes home around 5-7am. He doesn't work. He is also violent to me and I have a couple pictures and medical documents stored away. The last argument we had, I was cooking and had a knife in my hand and he smashed my phone and as I was asking him why he did that, he took a picture of me with the knife in my hand and my daughter in the picture watching tv. He is threatening to show it if I take him to court to protect himself. I am always with my daughter and taking care of her, but worry that this can affect my chances. Help

Can't my ex put my last name on the the baby birth certificate?

Q: hi my ex says i got her pregnant so when she gave birth she put my last name on the babys birth certificate and one i didnt sign no paper there were mine and right now i was tested recently for a dna because i aint sure if there mines and we were never married or anything.

Can my ex obtain a passport without consent

Q: I'm declared the legal father I'm not listed on the birth certificate and no custody order only child support she wants to travel for vacation I don't want to allow the child to go but can she get the passport or even travel without my consent help please.

How long does it take for a judge to sign off on divorce papers?

Q: I live in California, but I was married to this woman that lives in New York. We been sperated for over 5 years. I signed the first divorce papers, but since I didn't get them notarized they threw them out. Now I made sure everything is notarized and signed right I just want to know how long it will take for the judge to sign them? We don't want anything from each other, no money, we have no house together, no children together. Just a plan divorce.

Me and my ex have joint but he isn't on the birth certificate can I still get a passport for my son or do I need to go to court

Q: We have joint custody and I'm going a family vacation for 3 weeks but he refuses to sign but he isn't listed as the father on the birth certificate can I still obtain the passport with out him it's only interrupting one of his weekends what can I do please any advise would be good.

How can I still be able to have my kids around if I move from the state their in?

Q: I'm not with the mother of my kids, but I'm planning to move away with my girlfriend. The fact I love my kids and know the mother will try her best not to let me take them for at least vacations I would like to know what is there possible to do?

Hi my husband who is not the biological father of my daughter can he adopt her?

Q: My husband had been taking care of my daughter for 5 year her biological father is in the country illegally. He move out when I was almost ready to give birth. Can my husband adopt her.? Family court is unable to locate him to pay child support reason being he is undocumented.

How can i surrender a child that is under direct placement with me under acs supervision in nyc?

Q: My nephew is living with me under direct placement but circumstances have changed between me and my wife and unfortunately we are unable to care for him any longer. We have submitted our 10 day notice to acs and have informed them for over a month now about the situation with no cooperation from them and need to surrender the boy back to them and need to know how to do it asap.

If I move from the state my kids are in, but have petition for them, can I bring them to my house out of state ?

Q: Me and their mom aren't together so I'd like to know if she can intervene with my petition for my kids if I try and get them to go to my place when it's my turn to have them.

How do I change or remove something in divorce papers?

Q: Divorce has been signed off an done (11/2017) but a matter seems to be a thorn in my side, the right to first refusal part is turning out to be really not workable and with the other person continuing to be not flexible with anything on this part, even violating her part on this also. If away from our child more than 5 hours the other parent must be notified. Can I have this taken out or changed???

Can I write a letter to the court to forgive Child Support Arrears of $49,000 along with forgiving NYS interest? My son is 19.

Q: I've had a long run with my son's father that has built up $48,876.00 in Child support arrears since 1999. This also includes state interest for many years. I believe what he owes my child in support from the 49K is about 30K. The rest would go to state interest and fees but I'd like to remove this completely. Can I write a letter of child support arrears forgiveness to give my son's father his life back (bank accounts, passports, etc.) and would Bronx Family Court forgive the interest if I requested?

How can I get my mother to take my son's father off child support ?

Q: My son and I live with my mom and she had a case which so no longer have. She claims she's not receiving the child support money from the state but I need his help but he can't cause child support is taking his money and he doesn't have enough to help after unless he gets off and we make an arrangement or ill open a case of my own. Please help, what can I do to get my mother to drop the case because I think she's pocketing the money I have received any money from her in 3yrs... is there another way I can go about taking him off or ordering my mom to or something?

Can ACS force me to take a drug test if my wife admitted prior drug use on her behalf, yet I have no history?

Q: ACS WAS called because my wife admitted to a consolour in confidence that she was in a program( not me, her) and had relapsed about a month prior but has been clean since. The lady called acs on us. They came seen my 7 year old daughter was clean fed and in school at the top of her class. Now they are asking me to take a drug test and I do not feel I should subject myself the embarrassment of having to urinate in front of another man. Can I be forced to do so.

What is the best option to reinstate my expired 2017 NYS Drivers License due to Child Support Arrears?

Q: I currently have $16,055.49 due to spotty employment and low paying jobs on and off since the Judgement in early 2000s. Since July 2017, I have obtained steady sufficient employment, I have been paying 750/month ($500 Judgement/$250 arrears) for 1 child from previous marriage. I have since remarried and had 2 other children. As a result of the arrears (or as they put it FAILURE TO PAY CHILD SUPPORT), My NY State DL was suspended Issue Date: 2014-02-28 Reinstatement Date: 2016-06-14. It expired 9/14/1978. I have been told by CSE to fill out a net worth affidavit & DMV challenge. then wait 45 days for response. Is this my only course of action to get my License reinstated (despite expiration) or do I have other options?


Q: My child support case is closed and I only owe arrears. Right now I'm paying $360 I month. How can I get my payments lowered? I just cant afford those kind of payments.

I relocated with my daughter after mutual agreement with her father. He then filed a petition to bring me back. Now what?

Q: Hello, I wanted to get a second opinion on my case. I was granted sole legal and physical custody of my daughter. Her father has visitation every Sunday. He announced to me he was moving out of state during the summer and so I also decided to move to a different state where I would have closer family. So I moved 3 weeks ago. Father of the child was in complete agreement and we had discussed how visitation would happen. The minute I left he filed a writ of habeas corpus claiming that I took the child out of state against his will and he requested I bring back the child. FYI He is out of status as far as his visa situation is concerned so he cannot have custody because he could get deported one day. So now the problem is that the judge wants me there with the child for a hearing that will take place a couple weeks from now and my attorney informed me that the judge also wants me to remain in NY until the case is resolved. Under what circumstances can I avoid staying in NY? Would having a job or going to school where I am now be a reason for the judge not to keep me in NY until a resolution? I am already settled here and can absolutely not stay in NY for more than a couple days.

I have a condo with my ex wife i come over time to time to see our children have clothes and receive mail there whats my rights?

Q: She has a mail friend that seems to be living there for two or three weeks my daughter asked me to talk to her they feel uncomfortable with him there i didnt know i work alot and my kids thought i was temporary thats why they didnt tell me i want him not to come back.

My ex wife seems to be letting her boyfriend spend the night for the last past two weeks the condo is in both of our names

Q: We got a divorce she wanted to move out so i agreed but never a time limit its been rough for me but i stuck it out by not moving back in i didnt want her to be uncomfortable i have two children that live there 19 and 16 they asked me to talk to her because they thought it was temporary no use it turned into an arguement i want to move back and tell him to leave the premises and not to come back before it gets ugly i would like to benefit from my savings and hard work not for her to do something different whats my rjghts.

My husband has filed for a uncontested divorce and is asking me for a copy of my health insurance card. Is this normal process?

Q: I'm married for 6 years/14 years together total. My husband is seeking uncontested divorce due to me being a bible student of a religion he believes is a cult. He has started proceedings and is pressuring me to give him copy of my health insurance card. We have a 11year old child. Is this request normal or is he being sneaky?! Please help. I dont know what to do.

What does it mean when the judge adjourns a case to a later date to see if a paternity test should be done, when I'm requesting?

Q: I requested a paternity test be done and the judge adjourned the case to see if a paternity test is necessary.

I want to win back full custody or joint custody and now I don't have a lawyer, it is possible with what I wrote below?

Q: My ex won full custody of our son on Dec 6th. The judge denied my request to vacate the order albeit didnt give me any chance to redeem myself or present any new documents. I missed the court date due to medical reasons and was treated very unfairly because of it. Also, I lived in a shelter during the court process and it was used against me apparently by "not being situated" which shoudnt even be an issue, considering I take care of my 2 other children. Now, with visitation in order, I see my son from Thursday at 8pm to Sunday at 2pm. His father works two jobs now, not before the order was in place and doesn't have time to spend with our son. He states it in our emails to each other and always requests different times to pick up or drop off our son. I will be attending school in January however our son will spend actual time with me AND his siblings, my two daughters and I have no scheduling issues for drop off or pick up. My son spends half of the work/school week with me already and cries a lot about missing myself and his sisters. I feel it's in his best interest to live with me and his father could actually get more parenting time if I have him with me.

Can I get a restraining order for false allegations and harassing texts and emails?

Q: My ex-husband has falsely accused me of child abuse in which CPS did an investigation and said the accusation was unfounded. His accusation was the most despicable allegation another parent can accuse another parent of. He has in the past and continues to leave angry voice messages, emails and texts regarding issues concerning our children. I am tired of the being bullied and harassed by this man and want to know if there is anything I can do to prevent him from continuing this harassment?

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