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May 2019 Archives

I have a second hearing for a custody case. I refused a lawyer the first time. Will she ask me again if I want a lawyer?

Q: I need a court appointed lawyer for a custody case. I can't afford one. The judge asked me if I wanted one at the first hearing. I didn't think I needed one at the time, but then realized that I do for the next hearing.

Original divorce agreement stated that we are deviating from income requirement for child support?

Q: that was in July 2018, ex reports very low income (35K, dentist, and signed for 7,200 shild support), in Nov 2018 he went to court requesting adjustment to 3K, and he adjusted income to 130K, and I agreed. Now he is taking me to court requesting adjustment based on new tax returns claiming 106K....Can the deviating from income still stand? to require him to still pay the 3K (I had a verbal agreement with him at the divorce to not request alimony, and I was tricked into this)....I have an email from him to my lawyer, saying that he keeps reported income law and have the business pay for his expenses to avoid paying too much taxes..and I have emails from him telling me that if I dont reconcile that 3K will not last and that he will change his tax returns...can any of that be used?

Order from family court?

Q: I have a court order that states the father ( ex husband is not to interfere with the care and custody of our child and that he " is to have no contact with either the mother or child absent a court order". This was what was negotiated to get me to drop the order of protection. If my ex violates the order what can i do?

I live in ny,my child(20 yrs old) lives on his own,how can I prove this?

Q: We went to court,I had proof but not good enough, the mother lied about my child moving out,I have asked my child for a notarized letter from his mom to stop it. They wouldnt give it because they want to keep the money. Now the child doesnt speak to me since I asked for a letter. How can i prove the child doesnt live with his mom? 

If a person parental rights is taken due to him not showing up in court is he still responsible to pay child support

Q: My children's father did not show up to court for the hearing therefore his parental rights was taken I am a single mom of 4 boys in which two boys belong to him I am struggling to take care of my children due to no financial help his children are my oldest they require alot I have them in sports and in September 2019 one of them will be attending Cardinal Hayes I will need help with tuition can I take him to court for child support 

Will I have to have 3 years of a 15% in pay to have my child support reduced ?

Q: Wanted to know, having a 15% reduction in my salary can be a cause to have my child support reduced. But is it 15% each of those 3 years or in a total of 3 years. I'm really struggling to keep up with it now, why the courts count overtime as part of my salary is a problem. Any help or advice would be appreciated.

Can the mother of my child reinstate a child support Oder after we went in front of a judge together and she took me off?

Q: I was taken off of child support by the mother of my child . We have recently broken up and she's threatening me with putting me back on. The judge informed her that I can't be put back on once she makes this decision. 

What happens if you got served by the person who took out child support on you?

Q: i heard that im being put on child support and they havent seen me to serve me because they dont know where i live so i picked it up up from the person he took out the child support 

NYS child relocation?

Q: My sons father and I have no custody agreement. My son lives with me and I receive no child support. I need to move out of state (Massachusetts) for work and he does not want me to. He is a felon and owes a large sum of child support to Another woman. Can he still petition my relocation with all of this against him?

Can I file to stop child support payments to my ex if my ex now makes more money than me?

Q: 6 years ago, I was ordered to pay my ex child support since I was the higher earner. Custody and visitation has changed since this order. We now share 50/50 visitation and custody. (My ex and I live in the same town a few blocks from each other so we alternate custody every other week). Also, my ex now makes about $2000 more than I do. Is it better to petition to stop the child support payments since our incomes are similar? or is it possible for me to petition for her to pay support since her income has increased? Is $2000 more considered similar incomes or considered substantial enough for the judge to consider her the higher earner and now pay child support payments? Thank you for any help you can provide.

Hello, I was abandoned by my spouse 22 years ago what can I do if in 22 yrs I don't know about his whereabouts?

Q: We were married while he was in prison, I have tried for the last 4 years to get a divorce but I have no luck because I'm obligated to stay married to a ghost I will never know about .... 

What do I bring to a child support hearing if I have no income as a custodial parent filing for child support?

Q: I have a 2 year old with special needs and an 11 month old baby. My 2 year old goes to school for 3 hours and receives therapy at home. Which makes me a stay at home mom with no income. I live with both of my parents and my dad is the only one working and he's financially helping me out with both kids. What would I bring to court for proof of income if I don't have any income at all? 

Can a Fam Ct judge deny request for Lincoln hearing [in camera interview]?

Q: Trial date approaching, my attorney requested in camera for the child to speak directly to judge. Can this request be denied? If so, under what circumstances can it be denied? What factors are used to decide? 

Can my bank accounts be frozen to pay child support arrears even if arrears are being garnished from my paycheck.

Q: child support and arrears are being taken from my check every two weeks. I just got my bank accounts frozen by child support due to the arrears. very little on these accounts (I am broke) but my pay goes direct deposit to the checking account. Now that these accounts are frozen, I cant pay my bills. at this rate, I wont be able to pay rent or gas to get to work. Was my paycheck frozen on purpose? what can I do to remove this restriction on my funds short of paying back the full arrears? 

Adoption?

Q: I met two kids during my visits to West Africa, Nigeria Precisely both are so lovely and i would really love to adopt both of them and their parents has given me the consent to adopt them, but i just dont know how the process work here in the state, how to organize all the paper work together. 

How do I resolve a marriage that he is still married to two other woman in NYC

Q: Did not know he as still married to two other woman. I asked him about it and he lied several times regarding being marry. I found envelop he request the first one to complete what she started, I have been trying yo resolve this since 2016. NYC at the time is unclear. 

I work for a day care I had an ACS case it was closed and unfounded in 30 days will it show in nys register database

Q: My children school tried to say educational neglect because I switch their school so when ACS came to my door at 1am I had to show them proof that they where in a new school the case was closed and unfounded I just need to make sure this won't come up in my job for the New York state register database. 

I got a temporary custody signed by both parent from a lawyer in Jamaica WI can I file custody on grounds of abandonment

Q: I got a temporary custody signed by both parent from a lawyer in Jamaica WI granting me unspecified length of temporary custody. Mom now gained papers to stay in the USA and wants her to the child to get public assistance and tax benefits. The child is now 13 and wants to remain in my household. Do I have any legal rights to keep the child? Can I take the mom to court for custody? Basically the child was abandoned for the 5 years. No financial support was taken from the government nor have the family of the child give me any money to care for her these 5 years. Dad is in jail for murder and is facing life in prison in Jamaica WI. Mom got an arranged marriage to get papers and is not stable. The child is not blood related to me but I love and cared for this child from 8years old to now 13 years old 

Does my Order of Protection (I was defendant) and So Ordered Divorce allow contact with my ex-wife?

Q: My daughter's school is holding an annual special education review meeting, which I'm invited to. Can I attend if my ex-wife is there? The order of protection states: "Contact regarding visitation permitted if permitted by other court order." The So Ordered divorce Stipulation of Settlement states: Both parties shall be entitled to attend all public events for the Child, including but not limited to ceremonies, plays, performances, concerts, graduations and games. The party who does not have parenting time shall be entitled to greet the Child and take photos with the Child at the event. Both parents can be present at parent-related events for the Child (e.g., school or religious). 

How can I go about reducing my child support amount?

Q: Me and my x wife agreed to the child support amount and in our agreement, but now I have unexpected expenses like I had to get a new car cause my 2006 car finally gave out, so I have car payments. We split all extracurricular activities and schooling 50/50, I feel I'm paying to much still with me paying have for our daughters extracurricular activities. Our divorce agreement was finalized in 2018. I'm financially struggling and dealing with a VERY unpleasant co parent to say the least.

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