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September 2018 Archives

How do I start a case to get full custody of my brother?

Q: I have a 10 year old bother who is emotionally and mentally messed up, he lives with my mother and my step-dad who are both unfit parents, they both work crazy hours and drop my bother to any one, they'll feed him when they want or have free time. my brother has asthma so health wise he not ok because every two weeks hell have a reaction. my mother is over weight and has health issue that she is undeniable off, and my step dad is an alcoholic, every time I speak to him he is sad or crying, he is losing interest to a lot of things, he is in sports and other activities, he rather stays there than to go home. he never home. I do speak to other family members and they tell me how my mom speaks to him, she verbally and physically abuses him throughout the years its getting worse, she has no patients, he lives in fear every day and he wets the bed because he is so overwhelmed, thinking what going to happen today. I am very concerned about my brother because he recently mentioned to my aunt that he wants to die. I need help and advice, I don't have a relationship with my mother because I am an outcome of rape. please help me, I cant sleep at night to think hell harm himself.

What happen when your husband cheated and get kids outside, being taken for child support , how that affect the marriage?

Q: My husband cheated and got 2 kids , he denied it but the woman is taken him for child support, we are married for 26 years with 3 children, 24 yr, 20yr and a 12 yr , what rights does the wife have , we are still married not planning to divorce. How do they calculate the child support money, and how the court deal with a home wrecker like this one? In the space of 2 yrs, I find her number in my husband phone and we argue, she put a restriction on me, because he want to get back at me this is when the child support comes in. If my husband did continued seeing her, everything would be ok, but I told her she wanted a 3rd child. She said to my husband she have a good job it's ok, she will support her kids, until I get out the picture

Can spouse get any percentage of my house?

Q: My name has been on deed since 2008, I got married in 2012, and refinanced in 2013. Her name was never on deed and she has never worked or made any payments towards house, can she fight for my house? Also, I have an electrical business, can she get anything from that?

If the dad has a personal catering business does he have to include that as income ?

Q: So i recently found out that my daughters dad who i am taking for child support has a private catering business which he did not provide as part of his income in court, can i tell the judge this ?

How do I get my license reinstated from 2,600 dollar child support arrears

Q: I had a child support in maryland tranferred to new york im 2,600 in arrears and my license was suspended august 10 how do I get my license reinstated I have been making on time payments weekly on 149.42 since june 2018

If two women are filing for child support by same man in NY state, who is entitled to the first percentage ?

Q: I live in Bronx NY, filed for child support. My daughters dad purposely didn't show up to court, and then strategically came up with an idea to have his current girlfriend who lives in Mount Vernon, NY to file for support for their twins so she would be granted support first, in return since their dating give him back the money and lessen the amount i would receive. Since i live in the Bronx, court dates are NOT given soon. However, in westchester NY the courts are less busier and you can get a sooner date. So i filed first and got a further date, she filed second but got a closer date and received her support a day before my 2nd court date. After finding out all of this in court i was granted a deviation and will be returning to court. Am i obligated to have my order granted first? And are there any suggestions on proving my case in court?

My children's father and I have joint custody but for the last 2 years I have't seen the kids, will my children father get in trouble?

Q: My children father and I have joint custody but for the last 2 years I have't seen the kids will my children father get in trouble for keeping them away from me.

My husband works part time by choice if we divorce would I have to give him spousal maintenance

Q: My husband works part time by choice the rest of the year gets unemployment would I be required to give him spousal support right now I'm keeping a roof over the heads of our entire family while he doesn't do anything

I have sole and physical custody of my son I want to relocate for a better life for my kids now the father won't agree ?

Q: I am not taking his visitation from him I am considering to meet him half way so he can take him for his weekends I will even pay tolls and gas on his behalf I will give him summer holidays and spring break with his son will it be allowed I'm still going to be in nyc but just a few hours away what can I do

My ex husband is filed for custody ever since he was told we were moving? Our son is now 15 does he have grounds ?

Q: Our divorce decree does not state i can not move out of state, we currently moved from ny to ct (54 miles from my previous residence) our son is going to be 16 next month. He was told we were moving and never raised any concerns to my son to convey to me(He does not respond to me). Now we moved and I get served for custody papers. My son does not want to live with him, he barely likes to stay with him and when he does go on his weekend he shares a pull out sofa with his step brother. i already put in a request to work from home and i volunteers to drive my son down to his fathers on his weekend so he will not go out of his way.. Do i need a lawyer ?

I want to know if i am entitled to half of my husband settlement from a accident he had in 2012 ?

Q: He had a automobile accident and had back surgery and foot surgery due to this accident setlement is coming up soon and i found out he is planing on taking the money and leaving the country and not give me anything , so i want to know if i have any legal rights to at least half we been married almost 30 years

How can I collect on an equity agreement from our divorce ? It was agreed when the house is sold , its been 15 years.

Q: We divorced 2003, at the time I was entitled to 50% of the equity while we were separated. I also for some reason put in my 2 children's name.I know he has paid off the house but still lives with his current wife.I am having a change of life and need the money ..Is there any legal right for me to persue?

Can the State of New York enforce a Maryland child support order Currently open For downward deviation in Maryland ?

Q: My son was born in the state of Maryland, child support and custody proceedings were in maryland. The child's mother relocated to New York and attempted to change venue twice, it was denied both times and maryland retained jurisdiction. I now live in Florida and recently filled for a downward deviation in my child support obligation in Maryland who retained jurisdiction., In the middle of Maryland proceedings, the mother is maliciously filing pleadings in NY to register the case there, and a petition for punishment for child support payments . It doesn't seem fair for New York to allow proceedings in the middle of an open Maryland case with a trial date set to modify the order . I've called over 100 attorneys in NY and no one has an idea of it New York can do this ..

What can I do if my name was forged on a preliminary conference stipulation/order

Q: I can not afford an attorney although my wife can, we went to meet with the court referee. I signed one order, preliminary conference stipulation/order contested matrimonial. Today I received documents in the mail from her attorney which included a copy of that order plus a "stipulation/order with respect to grounds for divorce" which I had never signed but has a signature of my name not similar to mine

My husband refuses to put my name on the deed, am I protected in the future?

Q: My husband and I were purchasing a home together. I have two children from a previous relationship and we have one child together. A week before we are set to close he tells me he wants me off the deed (mortgage is in his name only) and he made me sign a paper from a lawyer removing me from all aspects of this. He said he doesn't want my two kids from a previous relationship ship to ever be entitled to the house. Am I protected down the line if we get divorced? Will I get kicked out of the house?

New York State Law - A Custody and Support Order is in place, and all obligations have been met over the years.

Q: My daughter is 18 and a custody order is in place, joint custody with final decision making to the mother. Support order is in place, father pays $2,150 to mother, health insurance for 18 year old daughter and other expenses. 

Can I get alimony if we've been only married for 2 years?

Q: My husband and I are separated for over a month now. I had to leave quickly do to verbal abuse and the fact that is was his apartment. I am in the middle of getting my GED as well as my Associates. I'm left with a 1,300 dollar debt from my last semester that he was going to help me with.

I was Recently served a restraining order from my sister Everything she stated was false can I fight this?

Q: My sister and I haven't spoke since November of 2017 when she slapped me in the face when I was pregnant I did make a police report but did not Follow up with charges. She is the primary caretaker of my father however they have not been getting along as she no longer allows him to use her facility to cook in so I bring him food when I can one day I brought him food she saw me threaten me at threatened to kick my critically ill father out in the street because she believes we call child protective services on her. I just got serve With the order of protection yesterday with a bunch of false statements when the truth is She threatened me and I just drove off with my fiance and let her rant to herself. Now I'm scared that she is using this to take my freedom away because she made these false accusations and at any moment she can lie and say that she saw me and I will go to Jail the only time I am in her neighborhood or was in her neighborhood was to meet my dad at the Courtyard of the building to bring him food and she told him she does not want me in her Area how do I fight this false accusation

For divorce, I am currently representing my friend because he wants to get divorce from his ex wife.

Q: She rejects to give the divorce, and address. She has harrased my friend with deporting him to Dominican republic. Has stalked him alot of times. Sunday she showed up at the bar were he was at and took him out side he was about to be slapped in the face but he stoped her he has done nothing. Hes been away from her for 15 years and he does not want to be with her at all. How can he get divorce legal im willing to pay with my public assistance for me to have him get divorce fast.

My sister has custody of my kids ... can they live with me if she allows it? Can I get child support from there father ?

Q: I lost custody of my kids and my sister has custody of them .... if she has custody of them can the kids still live with me ? And can I still get child support from there father even if I don't have custody of my kids

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