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February 2018 Archives

What are the next steps to take after sending in the documentation to dispute money wrongly taken for child support?

Q: Last month, I posted a question pertaining to a situation my mother was going through with her husband's child support issues. She had a joint account with over $4,000 in there, and the Bronx collection unit took $105,000 out of it. The thing is, her husband has never deposited money since the account's been open in 06. This was the same year they got married, and its purpose was to house the checks they received as wedding gifts. She's been using this as her primary account and forgot that it was a joint account. After the money was taken out Jan 29th, Her husband received a letter/package containing documents about his child support. It also contained the MISTAKE OF FACT AND/OR EXEMPT MONEY CLAIM FORM. She filled out section 2 of that form, along with her pay stubs and bank statements for the last 60 days. The letter/package was dated 1/24/18, and it forms said we she 15 days to dispute the money withdrawn out of her account. She overnight everything 2/6/18, but have not heard anything since then. She can't call the child support hotline and ask because they're only interested in her husband. What are the next steps we should take?

Is there any way to stop the involuntary withholding of my wages for child support?

Q: Is there any way to stop the involuntary withholding of my wages? I would be more at ease paying my child support by check, money order or electronically as opposed to them automatically taking the money out of my wages themselves. It doesn't leave me with enough time to catch up on my other bills/expenses especially since right now I'm only receiving unemployment.

Can I file for child support or spousal support?

Q: Would like to know if I can get child support or spousal support from my husband,we have been separated since last March,we have 2 children lived together married for 10 years, he did not support us financially then nor now, we are currently in family court due to me having to get a restraining order but because he attacks me in front of the kids and there is a history of DV, it is a neglect case with ACS involved, we are sharing the kids equally now until the court decides. When I left him I only left with the little money I had and our kids,it was hard for me and had to decide to have the kids going back and forth just so I could find a job and a stable home I was too scared to have my children in the shelter system. I would like to know if I can get any kind of support for my kids when I have them.

How to establish paternity when he is hiding

Q: I have two daughters and ex convinced me to not add him on their birth certs. 2 yrs later we have broken up & I have tried to get him to come to a payment agreement & has refused. Changed his number & his address. I am aware of his work location & his private information. I have both girls in diff childcare and pay car insurance for even being able to make it to childcare & to work on time. I am 70 bucks from poverty level therefore cannot get any assistance. Barely making it. How can I establish paternity & what ways to do so. He is a violent individual so I am also afraid of what he may do after I file but I need the help.

With equal shared custody, is offset guaranteed where only difference in child support of two parents is paid by higher earner ?

Q: 50-50 shared custody, equal joint legal and physical custody for both parents. Father earns more than the mother. Can offset be applied for child support payments where one calculates what mother would pay to father, and then what father would pay to mother for child support, and only difference between the two is actually paid by father? What needs to be done for getting this offset?

How do they get employer info for Income withholding orders?

Q: My fiance was put on child support from his ex. He placed his current job down when he went to court and showed pay stubs. The case was adjourned and he received a temporary child support order. We just received the copy of the IWO form in the mail and it listed an old employer. Why would they list an old employer on the form. Where did they get this information from? Did they look at his social security security number? And if so why wouldn't they put the most recent employer down? Is this the employer his ex put down as the last known employment for him?

Can having children in the future lower child support amount?

Q: If you are married and are on child support from an ex for one child and your ex has primary custody, if you decide to have more children with your new wife, can you get a modification to lower the child support payments since you will have more kids to support and these kids will be with you full time?

If my son's mother no longer has custody of my son and I don't have custody do I still have to keep paying child support?

Q: My son's mother lost custody of my son and I don't have custody is it mandatory for me to keep paying child support. I'm confused.

Can child support put a hold on a lawsuit or take money from a auto lawsuit with out worker comp.

Q: My kids mom has been keeping my kids from me and I want to see them so I want to go to court I just don't want the courts to take from the money. I havent been to court at all yet.

My boyfriend's ex girlfriend served him via ups an order of protection based on false allegations.

Q: He has not spoken to his ex girlfriend since they broke up in 2016 . He blocked her from his phone and all social media since our 18 month relationship. She recently told his ex wife in December that he had been stalking her all of which is a lie ..The first allegation states he went to her house recently at 2:30 am when he was with me. The other false allegations are harassment, 2nd degree assult and that he is a drug addict. She had never filed criminal charges and there is no record of this ..recently she told a mutual friend that she fears for her life and she and her mother are buying bullet proof vests. She had emotional problems during their 8 year relationship. I'm concerned for my safety and his .What are his rights? Should he counter sue for these false allegations? How can he fight these false allegations?

What happens if the court cannot find respondant for child support hearing?

Q: My ex did not show up to our first child support/paternity establishment hearing. We were both mailed "Notices to Appear". He told a mutual friend he didn't care. The judge said she is ordering him to be served and if he doesn't show up at the next court date then "next steps will be taken". The problem is, the address they have is not his. It's his best friend's mom's address. I'm not sure if the court has his current employer or not. I have zero contact with my ex. He's been evading any responsibilities for child support. What will happen if they can't serve him? If they do serve him then what will happen next if he doesn't show up?

How to get a divorce in NYS if I can't locate my husband?

Q: My husband and I broke up in June 2016. We've had ZERO contact since July of 2017. I've been trying to contact him for over a month so we can start the divorce process. I was told I will need to have him served with divorce papers but since I can't find him and nobody from his family will speak to me I can't have him served. I heard he is living in Florida now.

Exclusive use and occupancy of marital home

Q: I have been married for 25 years. We have two minor children age 17 and 18. We live in New York where child support is until 21. I plan to file for divorce after my youngest graduates high school in a few months. He will be 18 a few months after that. Neither child has any disabilities and no college plans, this year anyway. Kids and spouse are aware we will be getting divorced. Kids say they will want to stay with their father (he has no rules what-so-ever). I have no say after age 18. Our home is paid off and we have other marital assets that I believe may equal the value of our home. We will have to get everything appraised. If about equal, I want to sell our other assets so one of us could buy the other one out of our home. My spouse wants to prolong the sale of our assets and live in the house as long as possible and said he will be asking for exclusive use and occupancy of the house until our youngest turns 21. My question is, is it likely that a judge would grant this request? I realize each case is unique, but just looking for the likely-hood of this happening. I will be paying support, so would have a very difficult time paying rent, utilities and everything else.

Can I vacate my divorce settlement agreement?

Q: Shortly after inquest, and before final judgement was signed in my divorce, I was diagnosed with a life threatening illness requiring continued medical treatment and monitoring for the rest of my life. I cannot work, and I will have to go on welfare soon as I don't see what else I can do. Can I vacate my settlement agreement where I signed away rights to maintenance, since the divorce has not yet been finalized? I have been a stay at home mom for over 15 years and am 60 years old. My husband owns 2 restaurants, and intimidated me into signing away my rights to maintenance, all retirement accounts, and to give him any cash I had saved in order to allow me to stay in the marital home. He refused to allow an appraiser, so I ended up paying over market value because I had nowhere else to go and no income. I gave up everything because I was so tired of his bullying and threats that I was getting anxiety and insomnia and losing my hair so I wanted it all over with. I see now it was stupid but didn't know what else to do. This home was originally given to me upon marriage by my parents and is the only thing I have now. Do I have any possibility of vacating the agreement? Thank you.

Will my lawsuit against a trade union succeed.

Q: During my divorce proceeding my Atty got a quadro for me. I assumed that also meant my share of ex husband's annuity acct. After not receiving any cash i called the union they told me I signed a notarized letter stating i did not want any money (who does this). I asked for a copy of said letter which someone had forged my signature. The union never checked with it notified me. How do you think this case will go.also I was married for 32 years the quadro only covered 17 years of the marriage and not the 32, can I get that corrected.

What can I do I need a child support matter resolved and I do not want to use a court appointed lawyer is there anyone you help?

Q: Going back to court for my child's father lack of payment and help with our child?

Will I be able to get back payment (arrears) of my son's child support now that he is 17 years

Q: My spouse has never paid child support, he did not even mention that we had a child in the divorce case, he promised he will take care, but never kept his promise, now I want to sue for child support in Bronx ,New york what are my chances?

Can a father (ncp) try for primary custody if he doesn't have the means for it?

Q: My friend has an ex who wants to try to get primary custody. The child is almost 4 years old and has always lived with the mother. The ex doesnt make as much money as the mother, he is always broke, and has no bedroom or things for the child. He also wants to pull the child out of her preschool so that he doesn't need to pay the tution. He lives in the bronx and the mother lives in queens. He lives with his gf and their new baby. But she is the breadwinner. He was just placed on child support and it was more then he expected. He wants to try to get primary custody so as to get off of child support. Would he be able to get primary custody if the mother is a good mom and the child lives in a good area, in a nice apartment and has her own bedroom and things. The child is attached to both parents. If he can't get primary and he tries for joint, If he gets granted 50-50 physical custody would he still have to pay full child support to the mother in New York State?

Request order modification?

Q: Child support order was in force 3 years ago. Currently I pay 440 at month. 3 years ago I change job because money was not enough to survive and pay all this bills. I'm a taxi driver working with Uber and other car service company. The 1099 form is extremely high but there are deductions when I file my tax return. Will the judge modified the order base on the 1099s form or my gross income? For istance, Gross income from 1099s form is 61K, adjusted gross income is 21K. What will they look at? Im afraid that If I request a modification I end up paying more. Please help. Please note that the 1099 forms include all Uber fees and other deductions of money That I dont see. Thanks.

How is income calculated if you are a stay at home dad to a toddler?

Q: My fiance works 12 hours a week at a temp job early morning. He then comes home and watches our 1 year old. He has a 4 year old with his ex and has not been giving her money since he barely has income at the moment. She took him to child support court and he told the magistrate that he worked 12 hours at a temp job and since it is a temp job they pay well but do not have full time hours. They pay 18 an hr which is hard to come by in his field. The usual would be about 14 for full time positions. He also told the magistrate that he stays home with our 1 year old since I work full time and make the majority of the money. She then told him that he is capable of working 35 hours a week and calculated a temporary order based at 35 when he works 12 hours. This would be literally his whole check per week. Plus how is he supposed to work if he stays home with our baby. The case was adjourned till April where they will then calculate health insurance and preschool tution. What can be done? This isn't fair if the little money he makes go all to his ex and then I need to pay all of our expenses. The magistrate is basing child support off of money that doesn't actually exist.

Can I get the custody order modified?

Q: My ex-husband has custody of our 4-year-old son. However, since the order went into effect December 9th, 2017, he works two jobs and has no real time with our son. Our son is either with his girlfriend, other family members or in school. I get three weekends out of the month for visits, every Thursday 8pm to Sunday 2pm I want joint custody or sole custody, if possible, whereas he could legally physically live with me and his two sisters and my ex would actually have more time with him if we just gave him those three weekends a month but starting from Friday to Sunday due to school scheduling and such. We communicate failry well, well enough at least but he isnt being cooperative regarding information about our son and it's a bit childish. He misses his sisters, my daughters, and it would be in his best interest to be with them and to be taken care of by his parent and not pawned off on others. Is this real sufficient? Also, I've recently gotten into a 3 bedroom apartment via voucher, I'm on public assistance and I'm in school full-time during the day and I'm out before they get out of school.

Can I get in trouble for having a dirty that was about 3 to 4 months ago ?

Q: I was a hard cocaine user but I bin clean for 14 yes I went to a part around November and I relapsed but since I haven't done it two weeks after I had an acs case do to attendance in school cause my kids are disable and had many appointments so I will always forget the school notes do to my anxiety of getting outta here, but all that was proven so I still have a acs case but I bin clean for 3 months already.

My child support ends when my children reach the age of 21 in New York state. will Georgia honor that order?

Q: I am considering relocating to Georgia from New York. Do I have to file for child support in Georgia or can I keep my existing order.

What are the chances I will be granted sole custody of my son?

Q: His father has not been active in his life, my son will be a year old soon. I finally got his father to agree to a visitation schedule we created outside of court but he constantly no shows or cancels at the last minute. All of our communication is kept via text due to his verbally and emotionally abuse behavior. He refuses to check on his son at all, even through text. He does send money monthly, but he is just not a present factor in our sons life. He has a child from a previous relationship with an ex that is very volatile and they tend to include the 5 yr old in their arguments. He doesn't understand the damage it is causing the child and tends to blame me still for our relationship ending after almost a year. I'm wondering what my chances are in receiving sole physical and legal custody. I would be willing to allow supervised visitations. Would the emotional and physical abuse play a part in the outcome as well?

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