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April 2018 Archives

I was married in the Bronx New York over 30 years ago and I have been separated for over 15 years. I need an uncontested div.?

Q: I need an uncontested divorce asap and I dont have the money for a lawyer and neither does my wife. There are no children involved and no property nothing at all. We just want a cheap divorce and asap because we want to get on with our lives. I was married in the Bronx and want to know what county can I get divorced in that is cheaper for me

Why did I lose custody?

Q: I got a letter and a document from my son's mother, my ex-wife, stating that I have lost custody due to missing a court date. Apparently, she petitioned the court for modification of the custody order, which stated that I had sole custody and she had visitation. Now it says that I have visitation and I am to bring my son to court immediately for the exchange. I did not receive service, she only mentioned court via email but I wasn't served. How the heck did I lose custody to her? What can I do?
A: If she did obtain an order on default, then you should immediately file a motion to vacate your default. Allege in the motion that you weren't properly served. Schedule a consult with a Bronx Family Law attorney for a full assessment.

How can I get my child support case moved to the current state that i reside in?

Q: I used to live in Virginia and my child support case is there but i no longer live in Virginia. I moved to New York a year ago. Neither I or the custodial parent live in the state of Virginia. The mother Lives in upstate New york and when I moved here I asked her to move the case so that I could receive a modification because I no longer make the same income as i was before. She refuses to close and re-open the case here in New York (she rather me get my license suspended), and now I'm stuck with arrears(5,000) from a year of trying to find a job here in NY. I did personally go to the child support office here in NY for a modification but was told only the mother can close and re open a new case. I do send child support every week of what i can but I know it doesn't go towards my arrears and it just keeps adding up because my income has decreased a lot. Do i need to petition her and take her to court? Please advise. thank you!

Can my best friend mom get custody of me ?

Q: I am 14 years old turning 15 next month the 19 and I been living with my dad girlfriend for the pass years my dad really haven't been in my life because he has been " working " so I just been with his rude ex girlfriend who treats me nice sometimes then is mad disrespectful to me other times she calls me names and talk about me to her friends. Me and her have a argument everyday and she goes out everyday and comes back to the house really late. They both don't really care about me because I'm left alone and always get blamed for something because of his girl telling him something, my best friend mom said she will get custody of me but how can she without my dad knowing I been through all of this many of times and I always end up with my dad again because with things like this happen he pops back up and tell lies and lies saying he is in my life and I hate that because he lying. I'm scared that if she do do it and it won't go as plan he might beat me this time like he said he was.

Is there a way I can stop this or put this in the court order?

Q: My ex husband has custody, for now, of our son and his girlfriend kisses him. I'd rather she not kiss him because it's disgusting and inappropriate. SHe isn't his mother nor mother figure so I asked my ex husband about it and he completely ignored me. So, I asked her at a pickup this evening and she told me no, that she won't stop kissing him to appease me. It isn't to appease me, I said it was a woman to woman thing and regarding respect. What can I do about this?

Are there any consequences for lying on a court petition and financial affidavit?

Q: I have been battling a absentee father in family court and the first petition went to trial just this past Feb. Three nights prior, he hacked a friend's FB who I was talking to (he had previously gained access to my account to steal photos) and threatened my life. A restraining order was served on him the day of trial. He withdrew the petition and the next day filed a habeas corpus (which I thought was only used by custodial parents), violation, and modification. He lied on all of the petitions, stating that I was granted custody in 2008. I have had custody since her birth and an order was finalized in court in 2006, not 2008. It was modified in 2008. He also wrote that he wants custody RETURNED TO HIM.
While I have not seen his financial affadavit, I know that he makes more money than he is disclosing because he claims to not have enough money to afford an attorney and he is retired from the city with a nice pension, plus Social Security Disability.
The judge doesn't he's lying, although the order clearly states RESETTLING original order. Is this enough to fight the habeas corpus or get it thrown out? He is lying about everything under oath and on his petitions.

Can you tell me during a divorce between my son & his wife can I ask for the jewelery back that I gave her during the marriage.

Q: Our jewelery needs to be kept in the family so after divorce can I claim it All back from her

Will I have to reimburse the college expenses ex-wife spent for our son who will be 21 next month?

Q: The divorce decree states ' ORDERED the parties share equally in the cost of college education with their respective ability to pay such expenses at the time such expenses are incurred' My ex-wife wants me to reimburse her 50% of the expenses she spent towards my son's college without any consideration to my financial situation, her household income is twice than mine, with no other dependents. I have three other dependents.(unemployed wife and two school kids)
Few years back I agreed to my exwife's demand that I stop claiming our son as dependent on tax return since I am not paying for his tuition (the decree had allowed us to claim our son as dependent on alternate years)
Despite the fact that I agreed to give up claiming our son as dependent on my tax return (in lieu of not sharing the college tution) will the court still ask me to share the tution that she has already spent on our son?

I was married in the Bronx New York over 30 years ago and I have been separated for over 15 years. I need an uncontested divorce.

Q: I need an uncontested divorce asap and I dont have the money for a lawyer and neither does my wife. There are no children involved and no property nothing at all. We just want a cheap divorce and asap because we want to get on with our lives. I was married in the Bronx and want to know what county can I get divorced in that is cheaper for me.

Is there any way to get my license reinstated even though it was suspended due to child support arrears?

Q: My child support is payroll-deducted, so I have been paying it faithfully for 4 years. While I am still in arrears is it possible to get my license back? I'm doing really well at my job and I could really benefit by having my own transportation. There are a few positions that I have had to forego because of this dilemma. Is there any way to get my license reinstated?

How to lower child support payments if cant afford the full amount?

Q: My fiance was put on child support. He works at a temporary job. Since it is temporary it pays more than typical jobs in his field. The child support with daycare and medical plus arrears is about 1000 a month. We also have a baby together and I also have a child from an ex. The child support I receive is about 380 a month. My fiance cannot afford to pay the child support since some weeks he doesnt even get full time hours. What will happen when this temporary job ends and he gets a full time job that pays less. He currently makes 18/ hr and other jobs in his field are about 14/ hr. Can he get the child support payments lowered.? At his followup hearing last week he was told to bring my tax papers since we share a child but the judge didnt even consider our child in the calculations and based everything off of 35 hours a week even though he doesnt always get granted that many hours. What can he do? We understand that he needs to give his ex money but close to 1000 is a ridiculous amount. And she makes more money than him. Plus she only has 1 child. We have 2 other children living in our home and our rent is way more money than hers. Can this be fixed?

Can the NCP prevent custodial parent from taking child on vacation to puerto rico?

Q: My fiance has a 4 year old wit his ex. She is the custodial parent and he has visitation every other weekend saturday till sunday. Her parents and also my fiance parents live in Puerto Rico. Every summer since the child was a baby, the child goes to puerto rico for the summer (july/August). This year the mother has told my fiance that she wants to send their daughter to puerto rico again this summer so that she can spend time with both sets of grandparents. He does not agree with this since this means he wont have visitation for 2 months. The mother wants to send the child to puerto rico for the summer so that the child does not need to be in daycare all day since the mother works full time.( My finace also works full time. We have a baby together who will be with a babysitter and I have a 8 year old who will be in summer camp. I too work full time.) The child would also be supervised by both sets of grandparents. The mother is insisting even though my fiance does not agree. There is no court ordered visitation. Everything is mutual verbal agreements. Can he prevent the child from going away on vacation for 2 months? A: First, he can file an order to show cause to prevent the trip. Second, he should file a petition for visitation so he can establish his visitation via the courts. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

What I have to do to move my child support case from New Jersey to New York?

Q: I move to New York and would love to transfer my case due to I no longer resides in New Jersey and would like to enforcement support due to the non custodial parent is working and is currently not making his payments.

I want to get my name clear from ACS records. Cause it wasn't done the correct way?

Q: The situation is like this I was indicted on chargers of knowing my niece was using drug and also I didn't have the right amount of food in my house. Now I can go back to that date it was a day after Father's Day I just had giving a father day cookout out. For my dad. Who just survive cancer it's was in 2011 it was a fight with my nieces and there friends. My niece threaten to call acs on me and she did. I already had a work at this time she already knew what was going on. So with that being said. She sent us to this clinic for my niece to get a drug test and when we arrived at the place they didn't have my niece name down. So the worker was never talked to again. So then after that my niece got into another situation at school acs was called. And that's when I found out that I was indicted but I had cases before this and they helped us this lady didn't help do nothing but put the case as indicated now as you see I said I just had a father day cookout. Now why wouldn't I have food. The next day I had raw food that needed to be cooked. And at that time my nieces wasn't doing no drugs. So my issues is. This with all that that went on years later acs needed my help with.

What do I file in supreme against a signed court order (nov, 2017) written by my ex-wifes attorney. It has a error.

Q: I am Pro Se. We had a proceeding in 2017 and my wife's attorney offered to write the Order from the Transcript. The Order was signed and it has a mistake. The Order does not match the Transcript or the 2011 S.O.S. Do I file an OTSC? What kinds of documents?

What do I file in supreme court to Quash a Subpoena Duces Tecum signed by the Justice?

Q: My ex-wife and I continue to battle 7 years after our divorce. we have an S.O.S. that documents terms for using a 529 account and limited to balance in 2011. I have continued to add to the account and my ex-wife filed a Subpoena Duces Tecum demanding all my statements since 2011. The Judge signed this in error. I want to stop it. thanks

Hi how can I get a lawyer to help me fight CPS for wrongful removing my children?

Q: They filed a false neglect case against me and remove my children without a judge approval never notified the kids lawyer and never gave me paperwork until 2 weeks later they didn't release any of my children 2 any of my resources that I had I need help bad

I need advise and help?

Q: Basically my story is this... I am 31 years old with a severely disabled daughter, I lived in Florida but left for better doctors in NY, my mother took my daughter from we're she was and filed for temporary custody of my youngest child then went after me for child support, I have been in and out of jobs and owe over 9,000 in child support. I am looking to get my daughter back due to unlivable conditions of my parents house, I was wondering how I could go about that from NY to Florida and if there is any help that can b provided. Thank you very much.
If it helps I did send packages to my daughter and speak to her everyday. I just wAnt my daughter back and have been trying since a year after I brought my 2end oldest to NY. But I don't know how with this Temporary custody agreement, as well as my father sexually Abused both me and my sister, I just need help getting her away from there.

May I ask my attorneys for the transcripts of questions they will ask at spouses deposition and my deposition was done already?

Q: My spouse is the income spouse. I have been a homemaker for 20 years of marriage and today getting divorced

Can my ex wife move to Florida with my two girls without my consent? We're in New York.

Q: We are legally divorced for over 3 years and haven't gone thru the courts for anything other than the divorce. We've handled every thing else between each other. Now she wants to move by end of June to Florida.

Which age does my child support ends?

Q: My 17 year old daughter lives in Ct where child support ends at 18. Her mother filed a petition in Ct and it was forwarded to new York where I live. I appeared in child support court in NY on behalf of Ct child support unit. Child support ends at age 21 in NY and at age 18 in Ct so at what age does it ends?

Legally ending Child Support

Q: I have been paying child support for my son from ages 9- 21, withheld from my paycheck ( $400.00 every two weeks) Now due to a disability (Pending) the Social Security Administration is withholding $945.00 per month from my SS. Told by SSA it's a Child Support matter and to contact them, they agree a mistake was made and my case was purged 12 years ago ( when son turned 21) Was never given any legal papers stating all my obligations were fulfilled, was called into CSEWEB office and told its over. Have nothing legal or in writting, doesn't the Court have to terminate the order..

How do i receive overpayment of child support from noncustodial parent?

Q: I have sole legal and physical custody of my daughter. Last time i went to court for child support, the order was temporarily reduced for a year. Now her dad has a new job and our child support account reflects multiple payments every single week. Since the order itself mandates him him to ONLY pay a set amount, now that hes back on his feet there is an over payment of arrears for $2200. How can i receive this amount that is literally sitting in the hands of the Collection unit and cannot be touched. Is it even an option to get this entire amount paid to me? Would we both have to appear in court again to get this settled?

Can Family Court Order CPS Investigation Without Proof?

Q: I'm being dragged through the system AGAIN by my ex boyfriend who clearly is a narcissistic sociopath. Absentee father for almost 10 yrs; my child is 12. I unknowingly violated the petition about 3 years after visitation stopped (by his choice as he has spent a total of 18 hours with my child her whole life; she doesn't know him, nor does she want to) AFC is biased in his favor and lied to the judge about my daughter's wishes. I have it on tape as my daughter recorded the call. A Habeas corpus was filed, but I'm unable to travel because of a spinal cord injury. My ex is harassing me because in the first case, which went to trial, he withdrew the petition the day of trial. There's more details, but I'm running out of space so I'm going by to ask my question. Court is next week and last Friday I found a card in my door from CPS. I haven't been able to speak with the either yet, but my public defender said the court is using them for an investigation? But he has no court order, so he doesn't know for sure. I think it's my ex boyfriend making up lies to build his FAKE CASE against me. We live in AZ, but the case is in NY. Judge won't give up jurisdiction, so it can't come to AZ. HELP?

Can my marriage annulled?

Q: I will be married for 7 years in June and I recently found out I was pregnant. When I announced that I was to my husband he revealed he hasn't been happy in the relationship for a while now but never told me. He said it started when we were in Florida and we weren't even married then. He just married me we bought a house everything together and only says this now even wants me to terminate the pregnancy. Can I annul the marriage because I felt I was betrayed not knowing anything about how he felt. The whole marriage has been a lie.

Can the judge grant me a temporary order of protection the day I'm supposed to show up from when I was summons by my kids father?

Q: Previous DV case in 2015, court gave me full custody sole and legal of both my kids with him . 2017 we was in court for relocation he didn't want us too but we came to a settlement. Now back in court cause he wants joint custody and he called before summons me acs because my oldest son walked out the building from while we were supposed to go buy. He walked 2 blocks to his grandpa house and now he wants to use that for joint and so I won't relocate anymore. Yest he refuse to give the kids back I had to call the cops ,he wanted I to show up and get them which got me nervous since he has a violent past told my mother to get the kids for me since he refuse made the police report ,he keeps telling everyone we have joint custody but we don't. I'm scared because everyone showed up to his rescue his brother and all which have criminal past and also I'm scared to not get the kids back if I continue to give visits as it is now. He keeps brainwashing the children and I have a few recorded conversations. Can I get an order of protection even if its temporary. I really don't feel safe he also gets along w a few cops from the precinct and court

Can my son travel out of state to visit me if his mother has an open ACS case?

Q: My son current lives with his mother in NYC, and I live in Kansas City Missouri. His mother recently got into an open ACS case because someone called and said she was taking drugs. He was supposed to come and see me this summer, but now she is saying he isn't allowed to leave the state with the case being open. I need to know if this is true or another attempt to keep him from me.

There is no court order for on custody and we were never married. Can my son at 16 years come live with me. I have a good job?

Q: My sons mother always picks on him. And it's not just because she is disciplining him. She puts him down emotionally and I have been trying to help him so now he wants to move in with me

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