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June 2019 Archives

Child name change then child support?

Q: I want to change my baby last name dad never sign the birth certificate but I do want to file child support can I file child support after baby name change? I want to change baby name because father hates baby and was never there wish baby death several times but I do need him to pay child support I want to make sure I have food for baby to eat and pay for baby sitter so I can work. Can I do this and file for full custody and child support? Since he's a bad person can I restrict visitation and not allow him to take her on weekends?

How do i go about this? What do i need? What can happen if everything isn't accounted for, as in evidence wise?

Q: My son didn't live with me for a year , but i was still recieving child support from his dad for him. I still used the money to support him or handed him money or sent it via pay pal. His dad and i discussed this and i told him to go to court to fill out the form to discontinue the payments. Until then i would just continue to give it to my son. He said he would "handle it". Now he has petitioned me for fact findings. 

Is there a limit to how much a person has to pay in child care?

Q: I pay around $2100 a month for child support and pay 82% of childcare. It comes out to $200 a week for a morning sitter and $35 a day for an after school program ($75 a day). She works before school for 3 hours and 2 hours after school but is home all day. I also pays 50% of all activities. I am left with around $250 a week to live on. This just does not seem fair. Can anything be done? 

What can I do, if I feel that my girlfriend's ex husband is telling lies about me in court, when this has nothing to do with me?

Q: Child custody case is happening between my girlfriend and her ex husband, who in fact is nothing to those kids. Anyways, he had called CPS and it was unfounded. In the CPS case it was mentioned that I smoke weed and offered it to one of the kids. Now I just read the paper his lawyer had written to the courts where he stated I am a current or former drug addict. I had taken a drug test for CPS cause there was nothing to hide, but now this is going to far that he is now telling lies in court and mentioning me with these statements and getting kids involved with these lies as well. What can I do or should I do?

Can my ex become the non custodial parent if I am now making more money and have 50/50 custody in NYS?

Q: My ex-husband just petitioned to dismiss his weekly obligation and receive child support since he learned that I now make more than him. When our original child support order was decided in 2014, I was making $42,000 and he was making $55,000. I now have a better paying job and is making $11,000 more than him. Can my increase in income cause me to pay him child support? We have a true 50/50 custody schedule and I'm worried that I will no longer receive child support and pay him instead! Can this really happen?

Family Court ordered to exchange financial affidavit within 10 days. My ex never sent me his affidavit?

Q: At family court two weeks ago, the judge ordered my ex and I to exchange financial information within 10 days. I filed to increase child support. My ex never sent me his information. Do I need to file a violation petition with the court? Also, why does the court order for us to send each other the information instead of exchanging the information at the hearing?

Can buying a new house and car be a reason to increase child support in nys?

Q: My ex and I share joint custody of our two kids. We alternate each week and have the same salary (we are both teachers in the same school district). when my ex and i separated, my income was slightly higher then and was ordered to pay my ex child support. Now that we have similar incomes, my ex is fighting my petition to dismiss my child support. My ex also bought a new home and car and is now claiming that she needs more money since she the car and new home are more than her last house and car. Can buying a new house and car be a reason to deny my petition and increase child support?

Can a Child Support Order be contested after 30 days?

Q: My ex filed a violation support petition but did not include copies of the extra curricular and health insurance premiums she claims is still owed. At the hearing, the judge instructed my ex to provide copies of the forms within a certain time frame but she never did. I received the order and the judge found that I am still responsible despite never receiving the copies. Is it possible to dispute the order a few months after the hearing and receiving the order?

Can I put my mother on child support if she emancipates me?

Q: My current situation involves my mother. I am 17 years old and recently we had an argument which led to her saying that she will emancipate me. However, this was very unexpected and I don't have a job. I really don't know what to do and I need help.

Does custodial parent in child support cases mean you have full custody?

Q: I am separated from my husband. We have a child support agreement through the courts where he pays me child support. Do we have to go to court again to establish who has full custody? Moving outside county/state?

I want my child support payments modified upward but can my child support payments be reduced if I'm allowing him more weekends?

Q: My son's father was given visitation for every other weekend, I've allowed him to see him almost every weekend now just so he can have quality time with his father and other siblings but it's now that his father is demanding every weekend and I've asked his father for help financially with my son due to me being on disability things are more expensive with him growing up and I moved to new location where rent is higher. I'm afraid of going to court to ask for a modification because his father tends to take out his anger he has towards me on my son and neglects him and plays favorites with his other kids.

My partner is married but the guy she married left to another country without concent. can she get a divorce?

Q: My partner haven't seen her husband in 2years and she had a kid with another guy and now she is pregnant by me ... and I would like to get married to her ...

How can I know the status of my divorce case in NYC?

Q: My ex spouse filed for divorce almost a year ago and I haven't received any update. I called him since he is the plaintiff and He told me that his lawyer doesn't answer to his calls. The Supreme Court is in The Bronx and it was filed on June 12, 2018. I've been trying to contact the county clerk but no body answer the calls. Please any advise? Thank you!

What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

Q: My wife and I live in and were married in NY. I was just terminated from my government job; I'm claiming it was due to a disability and have retained an attorney in this regard. I intend to file for divorce and know that she will get custody of our son and that I will have to pay child support. She does not work, and I have no current income, other than $3,000 in stock dividends yearly, and miniscule bank interest. My stock holdings are worth about $200k . I own the house, worth about $800k and intend to live there. I know that the standard for support would be 17% of my income, but I don't have a salary, not a pension. I have a strong case against the government, but it can take a year or more for my disability retirement to be approved, or denied, but my case is very compelling. I'm afraid the support magistrate is going to look at me as having a lot of money, but I have no steady and very little income flow. If I were to sell my stocks to help pay for support, I wouldn't have enough left to pay my taxes on substantial capital gains.

How can I move dismiss or respond to be served in a divorce?

Q: I asked my wife for a divorce and she went ahead of me to do it. But now I responded to being served but she won't turn in the documents of me replying because she wants to drag it out. Can I directly answer to someone else about being served or Is there a way to move for dismissal so I can start my own divorce against her.

How can I stop my sons father from harassing me at my sons school?

Q: We have joint custody at the moment. I have an order of protection against him because he was physical with me. The police charged him with menacing. He has purposely defied court orders and we are still going to court. I had an attorney but I could no longer afford them and now have a court appointed attorney. My ex is now using the school to contact other parents. He is trying to Portray me as a drug addict alcoholic.. how can I stop him from this? He hasn't filled out any documents at the school. Only I have.. and parading my sons 3yr old class mates parents in court to prove defamation isn't an option. He has no involvement with the school other than pick up and drop off during his assigned visitation days. And that his grandmother does... how can I stop this harassment? Can I stop the school from giving out information?

Can I Petition the court for a forensic evaluator to determine if there has been Parental Alienation?

Q: My ex has repeatedly encouraged my daughter to disregard the visitation schedule with me and has encouraged her to make plans during my scheduled time. I've petitioned the court several times and though the court has acknowledged that there has been interference, nothing has changed and my ex continues to disobey the order. My ex has ignored the order by choosing to make other plans for my son during my scheduled visitation, not informing me when he was sick/gone to the doctor, and as far as enrolling our daughter in an out of state boarding school. (we have joint legal custody). My daughter has now chosen to not communicate with me and my ex continues to keep me out of the loop. Can I Petition the court for a forensic evaluator to determine if there has been Parental Alienation? I am not sure of what course of action to take since my child is now at a boarding school.

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