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August 2018 Archives

Can I change the grounds for divorce from uncontested to adultry after a divorce decree has been signed after 5 yrs?

Q: I wish to remarry. But because of my religion , I can only do so if my first marriage ended on the grounds of adultry. My ex wife filed for the divorce, but she filed for an uncontested divorce.

The divorce in Bronx, NY was signed the judge "Uncontested Judgment Granted ".The divorce is done ? Or after 30 days.

Q: The divorce in Bronx, NY was signed the judge "Uncontested Judgment Granted ".The divorce is done ? Or after 30 days. I don't have lawyer. Can I get a copy from court to don't go in New York? I moved in Florida. The court doesn't answer the phone. Always is busy.

Can a child support judgement through the Social Service of the NYS still be in effect?

Q: A friend of mine received a noticed back in 2005 he owed 32,000 in child support through Social Services. He looked up his legal records for liens and judgements and it states 16,600.00 with a "TRA " as a code. All NYS tax commission judgements have been vacated, but Social Services comes up as TRA. His kids are in their 30's and 40's now. The last filed lien was in 1994 but the most recent letter was in 2005. What does all this mean?
A: Child Support judgments are generally good for 20 years. That said, they can generally keep renewing them until the youngest child is 21 - in which case they can keep collecting until the youngest child is 41. Your friend is well advised to collect copies of all judgments & orders form the courthouse, then bring them to an attorney for a review. Schedule a consult with a Westchester Child Support attorney.

How can I get a cola on child support that was stipulated in the divorce 6 years ago? I get denied each time I try

Q: Child support amount was stipulated in divorce. He does not pay 17% as per NY law. I've tried having it modified but I get denied each time. There is a big difference between our salaries, his is much greater. I feel I get denied because he has a lawyer, that related with law jargon in the court. Although I can't afford a lawyer I research and prepare but I'm still denied. Desperately seeking help

How can I have child support arrears vacated or modified in New York, if I cannot locate the custodial parent?

Q: My daughter's father had asked the court for child support when he had custody of them in 2009. When I had received custody in 2010, I thought that the order was terminated but it was only suspended and then reactivated later that year without my knowledge. I just found out in December of last year, that due to a child support unit glitch the arrears had built up over the last 7 years without my knowledge and are totaling $50,000. My daughter's father has had the the girls since 2014 because I lost my home and had to move into a shelter with my son. I have gone to court to try to modify or vacate the arrears, but because I cannot locate him the court will not help me. I cannot pay that amount of arrears I seriously need help and I don't know how to find him. I don't have the funds to hire a detective or put out a publication in the newspaper. I have gone to his family to try to locate him they don't know where he lives he changed his phone number and has cut off all contact with anyone that might have known. At this point I don't know what to do and the magistrate will not vacate or modify the arrears unless he comes to court and states that he is in agreement.

Who is responsible for pick up and drop off in long distance situation?

Q: My son lived with me for 9 years in Jamaica, his father filed for him to come to the states and was living with him in PA for 3 years. I emigrated to the states and came to understand that my son was living in an abusive home and so I decided to take my son to live with me in NY. While he had my son I would visit or pick up and drop off any holidays or weekend I got him. Now that my son lives with me, wants each parent to either pick up or drop off. What would your advise be?

Can I file an order for my wife to get a psychiatric evaluation?

Q: I due in court tomorrow, i think my wife is going through a hormonal imbalance since the birth of our son can i file a psychiatric evaluation for my wife, and I want joint physical custody and she disagreed so the judge says when we go back now she will assign a lawyer to my three-year-old daughter and we have to pay I can afford it I don't have a lawyer for myself what can I do

What do I do with child support papers I was served with my ex's name?

Q: Recently someone came to my home to serve my EX BOYFRIEND some child support papers, he doesn't live with me anymore and I have no way of contacting him, so the person who came to my home asked for my name and handed me the child support papers, what can I do if I have no way of handing him these papers

If I get sole custody of my child am I allowed to move out of state with out the permission of the non custodial parent ?

Q: My ex & I have joint custody & I have physical custody of my child how can I be allowed to move out of state with my child

Can I file for chilled support even if I work off the books and no proof of income?

Q: I'm currently filing for child support. My child is 7 years old and his father and I are going through a custody case. We were never married and the court is asking for pay stubs and taxes but I'm a student and haven't been legally working for the last 2 years.

I need a domestic violence lawyer I have no income and need help with my son who has been alienated from me who I raised.

Q: My situation is very difficult. My ex abused me for 11 years. I decided to break the cycle and no ho back. He has tuned me son against me and has alienated me from him. He has not allowed him to call me or communication. The problem is my son will be 15 years old.

What is the process to have NY child support arrears discharged when the statute of limitations to collect may have passed?

Q: Child support arrears owed to DSS for child born in 1986 (child is now deceased; he would have been 32 yrs old now); original support order payable to DSS issued around 1987; last payment made in approximately 1990; not sure of actual default date; NCP is & has been unable to work due to back, neck & shoulder injuries, is currently in receipt of Temporary Assistance (DSS) & is below the poverty & self support guidelines

Is there anything I can do to get this done?

Q: Back in 2006 my "ex" wife filed for divorce (which was mutually agreed on) we had gone back and forth with the paperwork and the last thing submitted to the courts was in 2007. 2 years ago, I went to the county clerks office to obtain a new file number but was told that was not necessary, since one was already obtained years earlier. She instructed me on the last bit on paperwork that needed to be submitted and then we just wait for the judge to sign off on it. My ex (defendant) will not sign the paperwork. We have been apart since 2006 and are both in serious relationships. Is there anything I can do besides hiring a lawyer and going the "contested" route? I was told that if I submit the paperwork without her signature and prove that she was served that I could get a divorce by default. Any advice anyone can give me is greatly appreciated!

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