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March 2018 Archives

How can I get an attorney to represent my case if I have no money?

Q: My husband left me and our 11 year old daughter 6 months ago and left me in total debt after 15 years together 6 years 8 months of marriage. He has served me himself physically with an uncontested divorce papers and the info within is false information! How can I obtain a lawyer if I don't have monies to pay upfront? The attornies I have seen this far want money up front. Is there any programs or so i can go through to get representation? 

Why would your attorney want you to attend deposition of spouse in divorce case?

Q: Difficult Divorce in white Plains Supreme Court . I'm wife, defendant. I'm non income spouse. Twenty year marriage. I've given my deposition already. He was there. Personally I'd rather not go due too his negative behavior towards me, even in court.

How much money of a college loan does a parent has to pays when one is already paying child support?

Q: My daughter is going to take out a 40,000 dollar a year loan for 4 years for college. I pay child support now. How much of this money am I required by law to pay back? 

My ex doesn't work. Am I still supposed to pay day care expenses?

Q: I had to go to court today and my ex wife gave me day care bills. In our stipulation it was mentioned that she will get day care expenses when she works. Now her lawyer says that I have to pay up because she was looking for job. I would like to go on trial for this. Is it possible that she can ask me to pay day care expenses when she doesn't even work. If she just shows some recruiter mails saying she was looking for work then I have to pay the day care expenses as well. I feel this is very unfair esp. when the day care expenses in essence double the amount I have to pay for child support. 

I have petitioned for child support in NY, have a date for initial hearing but live in London and cannot make it. What to do?

Q: My children's father pays no child support. He lives in NY. We were married in NY, divorced in the UK. Both children were born in NY and are citizens as is he. They now live with me in London. Today I received a letter advising me a date for an initial hearing in NY. However I live in London and cannot attend. Please advise. 

Should I bring a lawyer to a preliminary hearing a child support modification?

Q: My husband has been going to court and fighting about paying for his 22 year old son. They moved to Pennysylvania and so not reside in Manhattan anymore. She never showed up to any of the court dates, this was going on for about a year since he turned 21. Needless to say the judge did nothing but transfer the case to Westchester during the last court date. We finally received a notice to appear in Westchester and it says that this will be a preliminary hearing. I just wanted to know if its worth bringing a lawyer or should he wait until the next court date. Don't want to waste $700 for nothing. Thank you 

I am being charged arrears for child support because mom was on public assistance but mom didn't even have custody of my son?

Q: I had temp custody and then the grandma had custody but mom collected public assistance for a child that wasn't even living with her and the state is coming for me for 43k. I would like advise as to what I could do to fight this. 

I have just come to know that I have to attend court next week for child support modification. I am traveling unprepared.

Q: I have just come to know that I have to appear for child support modification case for my son. I already pay a good amount in child support. The papers were not served on me. I plan to appear in the court but I cannot prepare my financial statement as I have no time. Is it ok to not fill out the financial statement and ask court for some time? What should I do as next steps? My ex is asking to include the day care expenses in the SCU garnishment from my paycheck when my son is already 4.2 years old. She kept delaying posting the receipts on Family Wizard and now she says that I have not been paying on time. I am unable to prepare because I was not even served with the papers. Also, as my son is already 4.2 years old, he will go to the school and the exorbitant day care expenses ($ 1800 per month) will not remain what they are right now. The papers were served at my previous lawyer's office and I did not get a chance to prepare. Can I take more time from court? Can I stop her from asking money for daycare expenses through garnishment? 

When I went to the store I came home and my husband put up a locked mailbox that me and my sons can't get into is this illegal?

Q: My husband has been emotionally and mentally abusing me for over 30 years and it's getting worse and worse. 


Q: I am American I married my husband in Jamaica - he's Jamaican. He was denied to come to America to live with me we have been married over 4 years and I would like to divorce him because we cannot live together. Can I divorce him from here in America and if so would it be uncontested?

How does an emergency pick up order work?and can the mother move away with our children if I have sole custody?

Q: My children's mom said she was taking my children to a party and never bought them back to me and enrolled them in schools in powder springs ga.I have temporary sole custody.

Is there a benefit to filing a second violation petition when an initial violation petition exists prior to going to trial?

Q: I have filed a violation petition alleging several violations of an existing court order. The other parent has continued to interfere with visitation. Is there a benefit to filing another violation petition with the new allegations prior to going to trial to change custody? Does it make sense to wait until trial to talk about the new allegations? Does it end up being a nuisance for the judge to have to sift through multiple violation petitions? 

What is the chance of my losing custody due to prior substance abuse and mental health issues?

Q: Two years ago I won residential custody with joint legal custody. Since then my ex has been digging up dirt to return to court and seek custody change. I'm concerned because 14 years ago I had substance abuse and mental health issues that I got help for. About ten years prior to that, before I even knew my spouse, I had made a suicide attempt and was hospitalized. I'm reasonably certain my ex has gained my treatment records and plans to use them as evidence for a custody change. I have been stable and substance free for many years now. Our children are happy and doing well in school. I have been primary care-taker of our children since January 2008 wherein my ex gave me the responsibility for our children upon our separation at the time. We tried reconciling but the abuse from my ex was not getting better so we fought for custody and a settlement was reached for me as custodian in June 2016 and incorporated in our divorce decree in December 2017. My ex constantly disparages me to our children and has even sent me profanity laden text messages until about three months ago I'm guessing this stopped so I can't show anything recent regarding abuse. Thank you in advance for your help. 

Lower Child Support with Increased Salary?

Q: Is it possible to lower child support payments with increased salary when I am already paying a over $ 2,400 in support + Day care expenses? I know it depends on substantial change in circumstances, but is there an upper limit to child support payments? My ex wife makes at least 100 k per year and our combined salary is definitely over 143,000 

Child support modification summons have not been served to me. Should I go to court?

Q: I recently received an order from the court saying that my ex wife will take my son on her employer provided health insurance. Earlier my son was on my health insurance. This order doesn't say that I should remove my son from my health insurance. When I called the court to ask about this they told me that there was a court date that I did not attend. I told the court clerk that I did not receive any summons. They have put it on calendar for another date. Since I have never been served with the summons, what should i do? Also, the court clerk told me this is in proceeding for modification of child support. I am paying high child support currently and would like to reduce the child support. In what circumstances is this possible?

How can my boyfriend obtain his divorce if the women is in Honduras and he is in United States

Q: Me and my boyfriend want to get married but he got married in Honduras by the civil and he wants to get divorce here in United States does he have to go back to his country to get divorced because he is not a citizen

NYS-How Do I collect Child Support Arrears after child emancipates-His dad owns an LLC.

Q: Child Support ending soon w/arrears. His dad's consulting's going thru a dry spell & he consults thru an LLC he owns. How can I collect the arrears owed when they emancipate & the support unit's involvement ends? How does he pay the arrears if he attends to? 

My fiance and I are planning on getting married but we want to know if by us getting married she will be dragged into my c/s?

Q: I pay child support and we Re wondering before we move ahead with getting married by us being married will her check be garnished as well? We are aware of filing taxes separately etc. And we live on NY 

What all financial disclosure i have to provide for Child Support Modification?

Q: In Financial Disclosure, for child support modification - what all details do I have to provide? I have joint account with my new wife and she makes much more than I do. Now, my ex wife has filed an order to modify child support. In financial disclosure, do I need to give details of my joint account with my new wife? 

Child support calculation - based on hourly or yearly job?

Q: I recently got a job which pays good on an hourly basis biweekly. Last year, I was employed full time with a company. My question is in child support modification, will the court average out my salary in the last few years or calculate child support based on my current paycheck. If it is based on my current paycheck, the rate is high but this is a weekly job and can be over in few months. I believe the payment should be calculated averaging out my W2's in the last few years. Please help Thank you! 

Unmarried mother and custody rights?

Q: My sons father wants to take him for a weekend and I am nervous he will not return him as promised. We currently do not have an active custody battle but I plan on filing a petition for sole custody on Monday. In the event he chooses not to bring him home, before I get to court, do I have the right to get him back or will police most likely tell me he has equal rights and can keep him? Please help I am so scared he won't bring him home out of spite and there will be nothing I can do!

My daughters father wants joint custody, but i want nothing to do with him, can i just ask for visitation rights instead?

Q: He wants joint custody but iam very uncomfortable around him. I give him my daughter every weekend since last year i barely get to spend time with my daughter on the weekends. Can i ask for just visits every other weekend and share holidays. I really dont want communication much with him.

How can I get the car registration from my ex husband for the leased car in his name that I was untitled to use by court order?

Q: In the divorce judgement I was given the car that is leased in my ex husband's name to drive and use but the registration is expired and my ex husband refuse to renew the registration. " I don't know if he renewed it and holding the new registration". I got two tickets already, how can i I force him to register the car and give it to me?

I have been with the same man since 2013 - married divorced married again can I receive alimony?

Q: there is something not right with him and I didn't find out until about 2 months into the relationship should've ran but didn't - he gets mad over stupid things sometimes you don't even know what it is and leaves without a trace for days weeks.. No its not drugs - sometimes I think its random flings but I am not allowed to ask questions only he is allowed to question me and in the end makes me believe I am wrong and he is right. This last bout happened 2 weeks ago and he is staying at his cousins for getting mad at me over something stupid but then when we started talking I had a problem and needed him and he said he couldn't cause (everything else in the world is more important - says he loves me more than anything - that's why I don't want to bail on him cause I feel like he will have no one) his cousins wife needed him for something so I texted he must be "doing things" with her and when I called ten minutes later to apologize he changed his number - he has put me through mental emotional and physical hell and even my kids lived with their father because of him for some time so I am stupid for always letting him back in but I deserve alimony and a divorce now - can I get it?



How can we win this?

Q: Just was served papers from my fiancé's ex about us not paying medical expenses. The original agreement from FL stated that she had 30 days from her paying for us to pay her and we had 30 days to provide payment. Case was modified in 2014 to increase child support and increase in percentage he has to pay. We don't pay if it has been past 30 days. She says NY agreement doesn't have a date period of when she must provide receipts. If the court document says Modified doesn't the signed agreement from FL still uphold?

How likely am I to get custody of my child or what type of evidence would help me in court?

Q: I live in New York but I want to move back to Ohio. My child and his mother live in New York but I want to fight for full custody to be able to take him to Ohio with me. She does not work, she depends on her family for everything including providing for the child. I work, have my own place, no family to fall back on, and I have my son everyday after work. She also has a warrant in another state and was in jail during the pregnancy.

I'm seeking to relocate from NY to NC two different dads?

Q: The father of my 6 year old we have no court order but he was decleared the father by the court with out dna he does not support my son I do allow the child to spend time with him every other weekend do to his mothers recuest no court order establish of custody or vist .Dad of my 2 year old we have joint custody every other weekend 2 weeks in the summer pays child support. I do have immediate family in NC and a good job offer from the family company itself and house ready I'm a mother of 7 children and New York is really hard to survive even tho I can do it but it would be great for me and my children to have more space they are refusing to let me move.

Who should do pick and drop off during visitation?

Q: My friend has a child with his ex who is 4 years old. She has no other children. He also has a child with his current partner that is 1 years old. There is no official court order but they do visitation approximately every other weekend. Saturday to sunday. At first the ex was bringing the child and then my friend would take the child back on Sunday. But now the ex wants my friend to do both pick up and drop off. It is close to a 2 hour commute by the subway. Since he also has a baby at home would a judge order him to do both pick and drop off or is it possible for him to get in a court order for the ex to bring the child to him and then he takes her back the next day? Since he would spend a lot of time traveling and he has another child that he has to watch sometimes in the mornings while the mom is at work.

I am going for sole custody of my two younger children because their father has not been involved how can I do this?

Q: Their father does not communicate with their teachers, doesn't go to IEP Meetings for either one, dr appointments, therapy appointments, cancels on Wednesday when he's supposed to see them, and doesn't keep them for more than 24 hours on his weekend, which he has also cancelled a number of times.

How can I modify child support agreement after moving out of state?

Q: I am a non custodial parent who recently moved to Texas from NYC. I have a child support agreement (made in Bronx Supreme Court as part of divorce) with my ex for 860 (I pay her directly instead of paying the court). I wanted my divorce papers, so me and her agreed to this amount even though I was an unemployed full time student using the GI Bill and getting a monthly allowance under the program (mistake). After graduating, I worked in NY. Me and her agreed that I would pay her a lower support amount than the original agreement. (I was making less than my GI allowance and followed the 17% rule). I got a new job in Texas and just moved here 2 weeks ago. We a have been discussing the new amount based on my new income (still following 17%). She also wants me to pay half of child care costs (60/week. She says that she pays her boyfriends mom to watch my daughter while she works part time). Not even sure how to prove that as she could claim any price she wanted. We're trying to draft a notarized agreement between each other to compensate for the difference from the original agreement. I never hired a lawyer. I am just trying to make sure I don't get screwed now or in the future.

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