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June 2018 Archives

My ex and I split up and we have a 2.5 year old son. Is there a way to see if he filed for custody or support? I live in Yonkers

Q: My ex and I split up about 6 months ago. We were together for 5 years. We left within the last 6 months. He has never financially supported me and/or my son. I have always been the breadwinner.
I don't want to share custody, but I know I might have to if it ends up that way. The question I have is, Is there anyway to find out if he filed for visitation?
Again he just gain employment and with his bills there is no way he would be able to pay child support and he knows that or at least I think he does. I just would like to be prepared. He does not have a stable living environment and he does have a criminal background, can I use any of that if down the line he files for join custody.
I live in Yonkers, NY westchester county. I told him that if he thinks of filing that I would take him for entire amount I am alloted to because its not right for him to have visitation and not pay and support for our son. Now he has not asked or tried to see our son, so I am not keeping him from seeing him. But I am also not initiating conversation for him to see him. I am leaving it up to him. Let me know.

Can I receive Sole Custody because my son's father moved out of the country over a year ago?

Q: My son's father and I have joint custody established in NYC. I'm the primary residential parent and he was the visiting/non-custodial parent. He moved back to his country August of 2016 without notice and hasn't seen my son since. Although he still makes child support payments when he feels like it; his child support is in arrears and he stopped providing health coverage for my son once he left. He has made no real attempts to be in my sons life since he moved; other than two emails about him not paying child support and confirming that he left the country. It's been almost 2 years he hasn't seen my son. How likely will the judge be in granting me Sole custody?

Can I leave ny? No custody agreement. Court ordered CS. Never married. Abusive, alcoholic father MIA

Q: I'm the custodial parent of my 5 yo son. The father and I were never married. I separated from him due to alcoholism and abuse. After separation, he abandoned my son. He ignores calls and does not visit. There are no visitation or custody orders in place, and I was just recently I was granted court ordered child support. I am planning to move to PA next month. I petitioned for full custody, he was served, but did not show up to the hearing. It seems that he's being giving another chance, so I have another date approaching. I am afraid of him, and I do not know what he's capable of. My son is in therapy due to trauma and abandonment issues. I am worried that petitioning for custody is going to cause me to be unable to move, even though my son's father is absent. He has several children that he's abandoned. I've also witnessed him try to gain custody of a child that he had no contact with for 11 years. The child's mother passed away, and the child inherited a trust fund. He was denied due to being absent. I petitioned for custody in the event that I die before he reaches adulthood. I do not trust him, and I want protect my son's best interest.

What happens if a judge order FaceTime only contact & there's an order to stay away in family court for both sides?

Q: What happens if a judge order FaceTime only contact & there's an order to stay away in family court for both sides? Family court order in Bronx county court. Most recently my son lost custody after threatening to kill himself to his ex. He admits he was trying to get her attention, it's been four months & he is desperate for their family to be back. Now the judge says FaceTime only until the next court date, next week. However today he went to her graduation with their mother. She invited him to come. I feel she is using the system to her benefit to use the order only when she wants. The previous order was for the drop off to be at the police station and she told him not to worry it's ok, come over. Now he doesn't have custody of the kids anymore. Now she tells him don't worry you can still see them. Seems like they are both violating the order, right? - concerned grandma.

How do I get him out of the house?

Q: My husband has been living at a casino 3 hours away in "comped" hotel rooms for 5 out of 7 days a week for the past 3 years. He has never contributed to our household. He has gambled with money from a premarital accident settlement. However, we live in an apartment and i don't have the means to move. My name is on the lease. My mother pays the rent and helps me with my bills because I'm a nursing student. I have such anxiety when he does come home that I can't sleep. What can I do? How would I serve him if he's mostly living in a casino??

I have been divorced for one year. In the terms of my settlement I was awarded half of my husbands SEP IRA despite numerous att

Q: difficulty with IRS due to ex husband, have in final divorce agreement that he is responsible I don't know how to make them stop

Would I have to pay his father child support because I make more money? How much would a divorce cost (there are no assets)?

Q: I live in NY. I left my husband 11 years ago but never filed for divorce because of the cost. I also took our son with me, who is now 14. I have dragged my feet long enough and I want to file for divorce and just be free of him. I work two jobs and make more money than him. He only spends about one weekend day a week with our son and it's not consistently every week. Would I still be entitled to the full 17% of his gross pay for child support and would a judge award anything for the 11 years that he hasn't given us anything? Thank you.

I'm 18 years old and my mom is trying to kick me out. Can I put her on child support if she does kick me out?

Q: I'm 18 and my mom wants to kick me out. She says I should be helping for the rent when my mom makes enough to knock out the rent in one weeks pay. She spends all her money on outside food, shopping and to my younger siblings (17 y.o brother and 11 y.o sister) I don't make enough money to give the amount of money she wants for the rent. She doesn't buy me absolutely anything, I've been working since I was 14 because I realized if I depended on her to buy me new shoes or clothes I'll be walking around barefooted. She's been saying she wanted to kick me out since I was 17. I have ran away before because her verbal abuse was too much for me when I was 14 years old. I looked online and it says I can put her on child support till I'm 21, I'm not sure how that works or if I have to be in school or not. I have no where else to go, no family or anything like that.

Where or how can I find a low-cost lawyer to help me with a court date pending June 19th of this month?

Q: The situation is I have a criminal order protection against my sister and she has a family order protection of protection against me. The incident was she become violent and broke my phone. Afterwards she was arrested. Upon that, she has been making false claims and police reports and we are set for court this month. She even went as far as taking me to court upon these false claims. For all the times the police were called, not once was I arrested or charged with anything. The entire problem is while she is violating the order of protection, nothing has been done about it and the cops refuse to do anything. The main issue from all this comes from her refusal to remove her belongings from my room in which she placed a lock on it.

I live in the bronx and am married for 7 years, now i was unfaithful to my wife and got a women pregnant she lives in Yonkers.

Q: She gave birth and i never knew about it, i received a paternity summon for court from her. The papers have the child name and she put my last name on the child without my consent! I dont want that child to have my last name. I will pay the child support but i want no visitation rights nor nothing to do with this child nor her. Is there a form i need to have that last name changed? and also im not sure if she has me in the birth certificate like his father. Also the mother is under public assistance is it true that i have to put the child under my health insurance? if shes under public assistance they automatically get medicaid. I dont know how the courts in Yonkers are nor their rules for all this.

What can I do if the child mother put my last name on the child without consent? I will do DNA and want no custody not nothing

Q: Is there anything I can do if she put my last name on that child without my consent? Also if she is under public assistance I have 32BJ why would I have to put him in my insurance if he has Medicaid? Is there a form of rejecting visitation rights and rejecting child custody. I will pay child support but want nothing to do with her nor the child

If I pay child support and don't want visitation rights can I file taxes for the child and have him as a dependent on my taxes?

Q: I want to know in NY Bronx and Yonkers if I'm paying child support for the child and request that I don't want visitation rights can I still put this child as a dependent on my taxes?

Will a judge order nesting arrangement even in a highly contentious situation where the parents cannot agree on anything?

Q: I am seeking divorce after years of verbal, sexual and financial abuse. Husband wants nesting arrangement and so do kids. This would mean that I have to share residence with my abuser. Kids can see hear and understand the way he treats me and this is not the example of relationship want my kids to be exposed to. Nesting is a great idea if parents can work together but my situation is his way or the highway. Will a judge order nesting anyway because the kids want it that way? They are all teenagers.

Judge ordered temporary maintence and spouce is not complying with amount?

Q: Going to trial in July. White Plains Supreme Court new york. My attorneys have done nothing about it. and its been going on, him paying less than the Judges order, since November 2017 A: Your attorney can simply garnish his wages for the amount. They can also do other collections actions, short of filing a motion. For a 2d opinion, schedule a consult with a White Plains Family Law attorney.

Do i need to pay my girlfriend's child support payments if she lives with me and we have 2 children?

Q: My girlfriend pays child support for her first child with another man. She currently does not work but I am helping her pay the child support payments. 1 - Can she lower the payments since she is not working and 2 - if she contacts NY Child support and tells them she does not work because she takes care of our children and i support her, will they (NY Child support) force me to make payments for her?

I was in a relationship with a married man since 2006 until present we have a ten year old little girl can I go get child support

Q: I met my child's father some year's back when he did have no housing, no job, no money, no nothing, however I started out just being his friend and trying to understand him as a man a person I then started allowing him to stay over then after a couple of weeks he asked me can he bring his things like a bag of clothes I said yes after a couple of months we started being in a relationship we been a hole relationship since 2006-2018 last job he had was in 2007. Ever since then he been in and out the relationship not helping me with our child I can't keep a job because of him one minute his there the next don't see him for day's.. can you please give me some information I need his support he doesn't want to go get no job because he told me that's why he has a wife and he owe child support for his first child not by me by another woman that his not married to

When can my child refuse visitation with non custodial Parent

Q: My Son is 12. He's been in therapy for a few years in regard to a bad relationship with his Father & Father's live in Paramour. As he's gotten older his relationship with both the Dad and GF has deteriorated. He no longer feels comfortable being in their company and has NO relationship with his Dad. MY Ex is always threatening me with Court (we've been there a handful) and faults me for his sour relationship with our Son. Therapist has said it's in the best interest of my Son not to be with his Dad based on bad experiences and that my Son can refuse to go. Attorney says, therapist doesn't know legalities. Not easy being a Mom sandwiched in between. I've sent/forced my Son every time he's was scheduled to see his Dad, even the weekends. the situation has gotten progressively worse. HELP!

Biological father wants visitation with teenager

Q: Bio father served me with visitation papers after not seeing his child since he was 3 years old. Child is 14 years old with a crazy athletic schedule. Child has always been told that if he ever wants to spend time or meet all he has to do is ask but child wants nothing to do with him not even speak to him. What do I do? Will court force him to be with this man on weekends even though he doesn't want to be around him?

I receive child support but now I dont work?

Q: When child support was decided, I had a job. I now do not work but when child support was decided, it included my income. I am married (not to my sons dad) but I am a stay at home mom. Will that change the amount in child support? Also, my sons father has another child with someone else. Will that factor in? Should I modify or leave it alone?

Can I file for divorce due to desertion if my husband left 31 yrs. ago and I can't find him? What can I do?

Q: I got married in 1987. My "husband" lived with me for 6 months. He left and I have tried to track him down, but am unable to find him. I want to remarry, but I don't know how to proceed in New York City so that I can obtain a divorce without his signature.

The father of my child is illegal immigrant on the purpose of get his paper . He own child support , how this affect him?

Q: The father of my child is illegal migrant on the purpose of get his paper . He own child support , how this affect him?

What should I do as the spouse of a mentally ill Non Custodial Parent who has a child support hearing and cannot attend?

Q: My husband owes money for child support arrears. He has not worked in many years. He was undiagnosed until about 2 months ago with Bipolar I, after being hospitalized. He is unable to leave the house due to delusions and manic behaviors. He has had several episodes and cannot attend the court hearing scheduled. What can I do? Can I go in his place? Can I ask the court for a modification? Can I ask for the hearing to be reschedule until my husband has become stable? Please note that he is under a Psychiatrists, therapists,and neurologists care. Any guidance is very much appreciated

Child support

Q: I have child support order for two kids and I have two kids that I don't have an order for but support. How do I show proof that I support the other child and ford the court take that into account

Will the child support I receive now will go lower because of another child?

Q: I receive child support from my sons father for a few years now. Recently he and his girlfriend have broken up. Together they have a child (baby number 2 for dad). If she takes him for child support, will that lower the support I am receiving from my sons father?

How can I get custody of my 2 yr old cousin?

Q: My uncle is busy working multiple jobs making him busy (granted he has days off) but the mother who is suppose to be taking care of him everyday is completely negligent of him and his health. When he had an asthma attack he was at her friends house while my uncle was at work and she was off chasing a guy and was no where to be found.

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