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January 2020 Archives

Q: How can I get copy of deposition that X gave during divorce 2018?

Q: X told many lies during deposition and I never got a copy. Two years later he is pulling more nonsense and wants our divorce stipulation agreement changed about his life insurance policy and I'm receiving emails from my X attorney. I want copy to stop nonsense and possibly get arrears due to me. He left marital home two years before legally divorced and I never got temporary child support or alimony and bills for 6000 square foot home exceeded $10,000.00 and I was homemaker and married 19 years and youngest son... 

Q: Can I ask the judge to approve a passport for my 4 year old child ?

Q: I have physical custody/joint with dad. My court order states that for vacations or travel I only have to provide the father with address phone and the date I leave and date of return but he denies me the passport. What can I do? Is that a Violation of court order or do I have to file to the court?

Q: What to do if other parent doesn't want to allow me to travel with my son ?

Q: I'm a mother of 7 kids who only belong to my ex and he is refusing to get a passport and let me take my son on my two week family vacation which I take every year. This year all my kids wanted to meet their family in Dominican Republic. The father states that the child is to young to go to a third world country and that he won't allow him to go with me. My husband and his siblings last year he said it was OK and even signed the passport document. Now all of a sudden he refuses....please help!

Q: What is the difference between a limited order of protection and an acd?

Q: Waiting for the Judge to give a date to return to family court in February instead of March. This is so the Judge can either modify the order of protection against my husband or accept the ACD. I'm not sure but so far everyone agreed for my husband to come back home. Now it's up to the Judge. We are scheduled for trial march 10, but I don't think it will go to trial. Not sure hard to say.

Q: How will my child support be determined?

Q: I have 2 kids one 19(lives on campus) the other one 12, I pay child support for both $500 not court regulated just an agreement between me and their mom...a couple of months ago she asked for a notarized letter (I think she applied for welfare) in the letter she wanted me to write that I only pay $250 in child support for the little one which I did and now I got a letter with a court order to establish child support because she alleges that I don't pay enough...would appreciate some orientation......I live in NJ they live in NY. 

Q: How can I get a divorce if my spouse lives in another state?

Q: I am not sure of an address because he is not willing to co-operate with giving any information. He does not want to sign the papers. We have been married for 18 years in NY state and separated for about 6 years. 2 children ages 19 and 14 no assets are involved. I also have limited resources so not really able to afford thousands of dollars for attorneys fees. 

Q: My parents divorce papers say that my father is required to help with college expenses, but has refused to do so, what can i do?

Q: I'm 23 and going for my master degree now. My father has always been late on child support payments and they had to be garnished. Child support stopped when I was 21. I live in NY and he moved to Ohio with his new wife.

Q: Can I file civil suit for arrears during divorce??

Q: Divorced July 2018. During the two year divorce proceedings X had left marital home in August 2016. Never paid bills exceeding $12,000.00 a month. Home was over 6000 square feet and my sister gave me money every month to help me and kids survive. Proof of money from my sister is in black and white.

Q: 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?

Q: 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? 

Q: I found out 2 months ago I have a 8 year old son the mother and I did a dna test but the child is established by someone else ?

Q: She left when she was pregnant I didn't know I was a father till about two months ago she and I did a dna test the thing is the court had established her ex as the father without testing him mother has told the child the truth but the other guy won't let me see or talk to the kid and I want to know if I can fight to be in his life the other guy doesn't support him has him living in not a very good environment and uses drugs, I'm Concerned please help?

Q: Who as the right to claim there child on taxes?

Q: My daughter father feels I should let him claim her on his taxes because he does for her ( he only buys clothes and shoes nothing else) everything else I do and I also buy clothes && shoes she lives with me she only visits him. I make sure she has a place to live food, I take her to all her check ups I'm helping with homework. He doesn't even know what school she goes too... 

Q: How long does a absent parent who has joint custody have to file for relocation ?

Q: My sons father & I have joint custody. We have been to court so many times already and he never seems to keep up with his visitations. His been very on and off for months in November he told my son he wants nothing to do with him and hasn't contact him since. This is affecting our son and I feel at this point it's in his best interest. I want to relocate and I want to know how can I go about this? I cannot be a parent sometimes and my sons lawyers have tried to take all rights away twice already but since my son at the time was younger he told them he wanted him in his life. Please help I feel the on & off has to stop already!! 

Q: Can I go for full physical custody if father doesn't help support my child ?

Q: Ok, my child is 8 and in December judge gave us joint custody and the child stays 3 days dad 4 days me. Child isn't happy with arrangement. Me and the father cannot really have a convo about the child without arguments. I'm a mother of 7, I support all my kids including him. Dad pays no child support or helps out other than being present. He also threatens to incarcerate me because he was a minor when I had a relationship with him so he can keep my child. I need help!

Q: How do I get child support ?

Q: I have an 8 year old daughter and her father hasn't been helping me with his daughter like he is supposed to do on a regular basis. I don't ask him for money, I have taken care of my daughter for 8 years and it's difficult but I still know how to manage but it just isn't right for me to do it by myself.

Q: Child Support in NYC

Q: I want to put the father of my child on child support I'm just wondering what are the factors that go into making the decision. I have texts from him saying "he rather pay child support" because its less money apparently, but he doesn't put in much money to begin with I feel like that was just a way to scare me? Can I use those texts against him? He makes about $20/hr full time & now I'm really wondering if I would get anything from child support because he told me he wouldn't give me more than the child support if I take him. 

Q: In White Plains Family Court is a decree only for the non-custodial parent to obey?

Q: Hello, Thank you in advance for your assistance. Our decree states we are both obligated to $750 per child per year for extracurricular activities and we both need to agree on activity, we have 2 boys.
2019 - We agreed to karate and I signed the contract for 12 monthly payments -I paid for both children and spent $4,200 -her half was $1,500 ($750x2) which I filed a petition as she refused to pay. Ex-wife even added her email with Karate office as a recipient and received monthly receipts I was paying.
Ex-wife enrolled one child into dance which we didn't agree but she enrolled him anyway. She claims she spent $4,000. Our 2nd child she spent $0 for 2019.
White Plains Family Court- ruled in her favor, dismissed and denied my petition and said because she contributed money towards the other activity already.
In White Plains - Is a decree only for the non-custodial parent to obey?
Is it known for the Family Court Support Magistrates to be prejudice? 

Q: Is it possible to have 'final say' removed or adjusted in a final Joint Custody order? If so, how difficult would you say?

Q: I have joint legal custody with physical custody. The other parent has 6 days of visitation/month but has final say on medical decisions. It is not working for our child for various reasons. Is this something worth trying to change or do you think it is a difficult case to even attempt?  I ask because my case would be in Bronx Family Court and they are not very organized and tend to take very long which ends up costing me a ton of $ in the long run.
Any advice? 

Q: What should i do now??

Q: I called a hotline for help and I told her my husband hit me but I also mentioned that the child is in the room, there was absolutely no harm to my child or will there ever be but CPS is now looking on my case what should I do? They said they will go to the school they will have to do biweekly home visits, please help! 

Q: How do I get child support ?

Q: I have a 8 year old daughter an her father haven't been helping me with his daughter like he supposed to do on a regular basic I don't ask him for money I take care of my daughter for 8 years an it's difficult but I still know how to manage but it just isn't right for me to do it by myself.

Will I qualify for Alimony in Divorce?

Q: I recently found out that my husband of eight years has been cheating on me. He owns and operate a six-figure construction company and is the main provider in the home. Throughout the marriage He constantly complained about financial problems stating that the business is not doing well and that we are broke. As a result, He does not give me any financial assistance and no health insurance. He keeps his income a secret so I do not know how much money he has. Yesterday I found out that he has a mistress and have been financial supporting her. He has given her over a thousand dollar in the last two weeks including $400 for clothing yesterday. I have evidence of all the money he sent her. We don't have any children, I work a minimum wage job and amassed a small savings. I would like to pursue a divorce. will I be able to get alimony?

Q: What does warrant of satisfaction of Judgment mean?

A: I've not heard of "warrant of satisfaction of Judgment" within the context of child support. A warrant is a police-enforced demand that he appear in court. A "Satisfaction of Judgment" usually means he paid what he was supposed to pursuant to a money judgment. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

Q: Can I get an annulment or divorce without my wife?

A: In theory, you can get a divorce or annulment, but the problem in your case will be where to serve her. You ultimately need to serve her with the court summons, so you may need to hire a P.I. in an effort to locate her. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: Can you file a separation agreement that allows you and your spouse to continue to live at the same address?

A: Theoretically yes, so long as you're living in separate portions of the same house (e.g., one lives in the basement, the other on the 1st floor). The agreement should also (among other things) divide out how the actual separation will play out, and who pays what while you're, in effect, under the same roof. Call a Westchester Uncontested Divorce attorney for more info. 

Q: What are New York's child jurisdiction requirements?

A: The UCCJEA, which is the statute governing custody jurisdiction, generally looks at the 6 months immediately preceding the filing of the particular case. If the child was with one parent versus the other during that time frame, then that parent's state would have jurisdiction. As it's a somewhat complicated issue, however, I wouldn't advise to proceed without counsel. Thus, call a Westchester family law attorney to schedule a consult. 

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

A: She could get a divorce, but it'd be quite hard. She'd either need his written consent, or he'd need to be served with the divorce papers in the country he now resides in. Schedule a consult with a Bronx Family Law attorney for more info. 

Q: A subpoena was served through a crack door for me is that legal?

A: Technically not, as most of the time a summons or subpoena must be personally served. That said, some Judges authorize "substituted service" - but the only way to know that would be to send an attorney to court on your behalf (& if you're paying an attorney anyway, why not just appear & address the motion/petition)? Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: My Son's Mother is making it impossible to pick up my son. Is she violating the order? What can I do? Call the cops? Report it?

A: You can't enforce that which isn't captured in your agreement/order. If additional provisions need to be added in to curb her behavior, then your remedy is to file a modification petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: Am I entitled to my spouse lawsuit settlement ?

A: If its a personal injury lawsuit, then the general rule is no - that's usually his separate property. That said, it may be raised as a factor in the distribution of other assets and/or maintenance. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: 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?

A: The issue is that you'd need a medical report from your Doctor stating, among other things, that you're totally disabled and cannot perform any form of work. If that's not your case, then you'd need to look for work in fields given your limitations. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Relocation from New York to Maryland?

A: Preliminarily, this seems more of a child custody question than a child support question. That said, the focus would be more on your reasons for the move & how you believe the move would benefit the child. If your plan is to file a custody relocation case, then I'd also suggest to file a petition to increase support. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

Q: Is breaking a court order restraining order 4 times a felony?

A: In & of itself, the number of times the order of protection is violated doesn't necessarily make it a felony versus a misdemeanor. One would need to know whether the prior violations resulted in convictions, and also the manner of the violation (e.g., was it a violation of a stay away provision, was violence/weapon involved, etc.). For more info, schedule a consult with a Westchester Domestic Violence attorney. 

Q: How can I receive the documents stated in my divorce stipulation agreement

A: The best thing to do is to write specific correspondence to X pointing out the perceived discrepancy & asking X to clarify and/or rectify same. Also make reference to the section of your agreement which provides for same. Call a White Plains Uncontested Divorce Attorney for more info. 

Q: Can I serve custody/ visitation court papers to my boyfriend's childs mother?

A: Anyone who is over 18 & not a party to the case can serve the court summons. That said, of course it's advisable to have a 3d party (such as a server or Sheriff) do it. For more info, schedule a consult with a Bronx Family Law attorney. 

Q: How long does it take to receive a index number?

A: It's quick easy & quick to obtain an index number. So long as the filing papers were correctly filled out (which may be the problem), an index number can be obtained any day the courthouse is open. For more info, schedule a consult with a Bronx Divorce Attorney. 

Q: Can you get sole custody without involving the father? Don't you need both parents present in front of the judge?

A: Yes, generally a father must be served with a court summons in order for the Mother to get a Custody order. Thus, your boyfriend should go to the Court to retrieve the entire order, along with a copy of the Petition and "Affidavit of service" (the document corroborating how he was allegedly served with the summons). Then call a Bronx Child Custody attorney to schedule a consult with a full assessment. 

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