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July 2018 Archives

Being that such an arrangment is unlawful in NY from the "get-go", can I have her support terminated?

Q: My now ex-wife took me to a NY FamCt 8 yrs. ago, for child support and support for her. She got both, but the Support Magistrate made her spprt for life. Yrs later, we were going through div proceedings in a NY Suprme Crt. During a conf, my wife told the judge that I have to spprt her for life. She was incredulous saying, "In my 30+ years of practicing law, I never heard of such a thing. If you show it to me in writing, I'll faint." The Fam Ct faxed over the Order, and the jdge told me to file an Order to S C, which I did, and it was addressd at our next conf. The judge then apologized being new to Matrimonial, she didn't know, stating that since it originated in Fam Ct, I have to commence an action there. Ultimately, we entered into a stip,( if we didn't agree within 5 minutes, the judge was going to decide the mttr; bad idea!) whereby I agreed to keep paying her spprt. It was incorporated into our Judgmt of Divorce. Now we're divorced, and I'm struggling financially, and told that to the Support Magistrate. She's sending me back to the same judge in Supreme Ct, because it's a "higher court". I feel like I'm stuck on a bridge between the US + Canada, and no one is letting me in.
A: It seems as though you would've benefited from competent counsel representing you. The answer: in Family Court, an award of spousal support may be entered "for life" - but only with the proviso that you remain married. That's why they call it SPOUSAL support. Once you're divorced, you're no longer a "spouse" and thus any Family Court order to that effect would be void(able). That said, if you entered into a written agreement of maintenance in Supreme Court, then the only court which can modify an agreement like that is Supreme Court. Schedule a consult with a Westchester Divorce attorney for more info.

Finalizing Divorce

Q: My husband filed for uncontested divorce and I signed the waiver which states "I appear in this action, however, I do not intend to respond to the summons or answer the complaint, and I waive the 20 or 30 day period provided by law to respond to the summons or answer the complaint. I waive the 40 day waiting period to place the matter on the calendar, and I hereby consent to this action being placed on the divorce immediately" My question now is when the divorce is finalized, do I have to sign the final decree? If so will I need to go in to court to sign or will he have to serve me those as well? Can I request to go to court and sign instead?

I searched up a court index number it says summons & verified complaint

Q: what does it mean summons & verified complaint in the system? Does it mean that the actual divorce papers were file or just a summons? I was told it was file by the attorney does it mean that its just a summons not the actual filing of the divorce papers

Can I successfully sue the doctor in Small Claims Court? If not, what can I do??

Q: I am going through a divorce in the Bronx. My wife thinks I'm psychotic and refuses to let me see our kids without a babysitter. I have been discharged by this M.D. and he charged my general practitioner with prescribing medication, which I take. The judge asked me for a letter to this effect from the doctor. He doesn't answer my calls nor my emails. It's downright humiliating and expensive to have a babysitter accompany us wherever we go..movies, restaurants, family events.... Nobody ever accused me of being a threat to them, and I'm the proverbial "98 Lb Weakling". Both of them, ages 12 and 13, are bigger and stronger than I am. I want to sue this guy; he has a professional obligation to provide me with documentation that can help me and he knows of my court battle. I want to sue him for the $1,000's that I will be incurring for these coasts over the years. They will be at regular intervals, and pretty-much set time frames. All I want is a simple letter, and this will be alleviated.

How can I collect child support arrears if the non-custodial parent lived in another country before the USA?

Q: My son father lived on a small island and over a year ago moved to the USA. Due to no reciprocal agreement between two country I did not proceed with the child support paperwork as my lawyer there advised me to proceed with this matter in New York. I then filed a petition for child support in New York of which a temporary order was given for him to pay child support and arrears up to the time I filed the petition in New York. But the judge did not mention arrears that I was seeking five years prior to me filing the petition when he was living on the small island.

Why can't a non blood relative receive child support if they have physical custody ?

Q: I thought all children in the state of New York are entitled to both parents and less they have been emancipated to receive child support I was denied because I was a non-blood relative of a child I have custody of.What are the child's rights she is now 818 I received custody of her at the age of 17 the petition for child support was put in for this child at age 17 what did I do wrong. I cannot afford a lawyer I can't even take the chance of paying for a lawyer and losing out my money I'm already losing because I'm taking care of the child

Can child share room with grandparents while on vacation?

Q: My boyfriends and his ex have a 4 yr old daughter together. There is no court order and all visitation arrangements are done verbally. He agreed to have his ex go to Puerto Rico for the summer with the daughter. After they were there he then found out that his ex brought her boyfriend and didn't tell him. He then found out that his daughter was sharing a bedroom with the grandparents. Different mattress but in the same room while his ex and her boyfriend shared the 2nd room. My boyfriend thinks this is inappropriate. He wants the child to share a room with the mom and for the boyfriend to sleep in the living room. Is it okay for ex to go on vacation with her boyfriend and the child without telling the father? And is it okay for the child to share a bedroom with the grandparents if the father disagrees. My boyfriend doesnt want any man to share a room with the child, not even for vacation.

Court ordered house to be sold and profit split 50/50 when youngest graduates high school. ( next year)

Q: How long before graduation should we list home? I don't see me obligated to pay for home anymore after my youngest graduates according to the decree and order of divorce.. I don want to pay for another 6 months or more because my ex is dragging her feet on this. Or she has the right to buy me out, but I doubt that will happen.

Can I be divorced without signing any paperwork or being notified?

Q: I wanted a divorce my husband at the time didn't want me to have his address so i.got to understand he went ahead and got a divorce I wast not notified of a divorce or got any paperwork to sign I was told by his family members that we are divorced I have asked for a copy of the divorce papers and was told that he is sure I got a copy, I have tried getting a copy but I do not know when and where the divorce took place.

When my oldest of 2 children turns 21 can i automatically reduce the payments to reflect one child ? Always have paid on time

Q: No garnishments, etc.
Would use the same income as in the original document, even though ex has a full time job now I always have paid direct to ex with check, no issues or child collection service ever used or needed

Can I have my child enrolled into a less expensive college because of financial hardship even though it is court ordered?

Q: Went through a divorce and on divorce paper it says that I will help college fees, after about 1 year of paying and tuition rising its getting harder. Do she have to stay in same college, can I get her into a less expensive college because I can no longer pay?

Can someone who is placed on house arrest allowed to visit their children if they live somewhere else in the same town?

Q: The father of my children was arrested yesterday by the Feds and I was told he will be placed on house arrest at an individuals house that I have a conflict with. There is documentation that this person is not allowed around my child at school where they work and my oldest attends. Is this enough to have their father have visits at my home with his children?

Can a mother move to another state without a father consent

Q: I have joint custody with my ex wife we still legally married and she has physical custody but move to another state without my consent or court order. She also has 2 other kids with another person now my daughter is a little older and she keeps begging me to not take her back to her mother thats every time i have her plus all my family is all she has here her mother has no family where she move can i get my daughter to stay here urgent in anyway before school starts so i can put register in a school here

What can I do?

Q: We both agreed on divorce. He filed the petition for divorce, as the petitioner, about 1 month ago. I signed and filed a waiver of contest, so the divorce should be uncontested. As far as I understand, the only step left is to have the final divorce decree signed and taken to a judge. He is now refusing to do this, and it is my understanding that as the petitioner, he has to be the one to do it. He's holding this divorce over my head to keep me unhappy, and I just want it to be over. What can I do to finish this divorce?

How can I defend myself I was tricked in text message to agree to my son's mom taking him across the country to live away ?

Q: My aunt passed away my son's mom agreed to for him to be at the funeral but she ended moving with him 2 days before some months before she talked to me about moving and tricked me to say yes but I didn't give permission the date she left. I put in a petition for custody but she's most likely going to use that agreement against me is there any way I can defend myself . I also have a police report we're she punched me and I never touched her . Also in her new residence she's applied to put me on child support and I'm my son's sole provider she also has degraded my character and sent profanity to me in text.

I am a 17 year old male and my ex is 22,can she make me pay child support even I have no job and still In high school ?

Q: I am a 17 year old male and my ex is 22,can she make me pay child support even I have no job and still In high school.Also she hasn't told me she is pregnant but has been posting on social media about it causing me to stress almost daily.

Can I get custody of my younger siblings (16 and 15) also while finding an apartment and job through welfare?

Q: To begin, I'm a 20 year old college student who has been planning on transferring to a local college or taking the semester off. My younger siblings have recently moved back from Japan after the passing of our mother. The plan was to be with them (their English is very bad) and assist in school work, show them around and what not, rather than being 3 hrs away in school.
My father has recently kicked me out the house but due to me and my siblings close relationship they've come with me to my aunts house to stay a few nights. My siblings have a very strained relationship with him because during the 8 years in Japan we all witnessed him abuse and slander our extremely ill mother. 100 percent they rather live with me rather than him.
Is it possible for me to gain custody of them while applying for public assistance to get an apartment and job to get on our feet. I'm completely okay with taking any necessary breaks from school and working full time to support them.

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