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November 2019 Archives

Q: Can my wife get half of all my assets even though she committed bigamy ?

A: She may be able to claim up to 50% of assets which accrued value during the marriage. The Judge can consider the bigamy as well as the length of separation as impacting the percentage she gets. To "fight it," you should retain a good attorney. Schedule a consult with a Bronx Divorce Attorney for a full assessment. 

Q: Do your child start getting the check themselves at age of 18 or the mother still get it

Unless the child is emancipated, then under these circumstances you can only file a petition for a change of payee. If the child wishes to independently receive the child support, then the child herself would need to be a party to the case. Call a Bronx Child Support attorney to schedule a consult for a full assessment. 

Q: How can I find out if my husband bought another house or have another baby ?or child support case?

A: Within a divorce case, one may serve the opposing side with disclosure requests. Among the disclosure requests (in your instance) would include a demand for records as to what happened to the money - as well as "interrogatories" asking for information/records on other property and/or other children. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: Can my husband request paper communication ?

A: Not sure - it may be that a hard copy original needs to be submitted to the DMV. Otherwise, i wouldn't understand the rationale for "mail" communication & thus you or your attorney should ask for the rationale. For a 2d opinion, call a Westchester Divorce Attorney to schedule a consult. 

Q: My husband says that he wants to kill me. What can I do?

A: You should indeed strongly consider filing for an order of protection. You may also speak to "Safe Horizons" about your options. They may recommend that you temporarily enter into a domestic violence shelter until new housing can be arranged. Call a Bronx Domestic Violence attorney for more info. 

Q: My husband says that he wants to kill me. What can I do?

A: You should indeed strongly consider filing for an order of protection. You may also speak to "Safe Horizons" about your options. They may recommend that you temporarily enter into a domestic violence shelter until new housing can be arranged. Call a Bronx Domestic Violence attorney for more info. 

Q: Up to how old does a child have to be to continue receiving child support

A: In New York State, the age of emancipation for child support is 21. Even if the child's working, they'd need to be completely self-supporting for the courts to consider them emancipated. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

Q: Do I have a saying on when and where my spouse get served divorce paper?

A: Usually a process server will make up to 3 attempts at the same address for 1 fee. There may be particular reasons why there was an additional fee - e.g., the server was also directed to file the affidavit of attempted service with the court (which may entail an additional fee). Nevertheless, you're certainly entitled to an explanation as to why you're getting charged extra. For a 2d opinion, call a Bronx Divorce attorney to schedule a consult. 

Q: When getting an order of protection In family court the judge granted it and told me that I can also file this criminal court?

A: It's optional whether you appear in the criminal case, except at trial. That said, I wouldn't understand the Judge's comment that it's easier to arrest someone on a criminal court order - in my mind, an OP is an OP. Schedule a consult with a Bronx Domestic Violence Attorney for a full assessment. 

Q:Can a child support arrears be added back on after you waived them?

A: It depends on how you did it. If you orally waived, or did so otherwise outside of court, then most likely it's unenforceable. If you waived before a Judge/Magistrate & assuming the waiver was done properly & reduced to a court order, then most likely you cannot retract that now. Schedule a consult with a Westchester Child Support Attorney for a full assessment. 

How do I get permanent SOLE custody?

Q: I was just awarded SOLE custody temporarily pending a full custody hearing starting next week. This all came about because my ex-wife dropped my 17 year old son off at my house at 7am Saturday morning saying "he's all yours" with just the clothes on his back and his school back pack knowing I live in a different state and that he had final exams to finish out his junior year in high school. She did this because earlier in the week he told her that he wanted to come and live with me because he has a terrible relationship with her. He is adamant that he does not want to go back and he wants nothing to do with his mother at all. 

I live with my sons mother on and off for rhe past 3 years but the welfare system has me On child support.

Q: Before i was put on CS we lived together in the shelter, we live together on and iff i take him to daycare pay for all his stuff. I barely able to hold a job so i am in school as of now and i wanted to know if there was a way to cease this support order i have a court date for September 11 to discuss my arrears i owe, 

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