April 2020 Archives

Q: Myself and my children 7&11 moved to NY 5yrs ago. The original order is out of Florida where we lived with their father when they were 1&5. In 5 years I have had to change visitation maybe twice do to illness and child activities, but all time was made up and more. My ex is very inflexible when I need to change so to kids lives. He feels they don't need to have one outside of him. We go visit monthly and it is becoming almost impossible so to school and extra curricular activities. Many times I have asked him to come here to be a part of their lives but...no. I never try to completely miss a visit I just need to move the days. In a nut shell I need to modify visitation schedule to work in favor of kids the age they are now, not the age they were. Also, I need to increase support. I get half of the recommended amount in NY, he doesn't help pay for activities, he doesn't pay medical insurance and he doesn't pay medical expenses, I also pay the kids travel. He owns his own dental office and is very successful. When I have tried to ask him to help out he flatly says no. Financially its killing me and I want to know if the court ever awards the petitioner legal fees? 

Q: I was married in March 2018 and moved in with my husband May 2018. He is a disabled combat Veteran with PTSD, TBI, and bipolar disorder. He is 100% disabled according to the VA and I am his caretaker. His physical aggression towards me and emotional abuse has been growing so I would like to get out as cleanly as possible. I do not have much money and I'm not sure how he would react towards a divorce as he is going through a bipolar manic episode (and cannot be reasoned with at all). Would a legal separation be cheaper and make it easier on me to get a divorce later? Or should I go for a straight no-fault divorce? Yes, I know I can probably divorce him on grounds of abuse but I do not want anything from him, I simply want to get out. He does not have a lot of money either and we do not have children. I'm currently paying the rent on the apartment but do not plan on signing the renewed lease in June. Again, I do not want anything from him, I just want to get out and would like to do it quickly, and hopefully smoothly, and am willing to do it myself since I do not have a lot of money. 

Q: The custody agreement states that the father (non-custodial) and I (custodial) share legal custody. Regarding education, we're to discuss education. Should we not agree, "Mother will have final say". I have physical custody except during Father's parenting time; Thursday to Sunday. The order states that upon starting school, Father will pick Child up from school on Thursdays and drop Child off to school on Monday mornings. No say of district. The only say about school choice is should one parent favor a school that the other parent can't afford, parent requesting the school is responsible for paying for it. We live in different school districts and Father is not fond of public school.
I filled out an application for 3k, explained to Father the deadline was a week and a half away, and that we could split the 12 choices in half. I sent him a link to the lists of schools that included ratings for all schools that day. Father said he would get back to me with choices but doesn't get back to me until the day after deadline at 10am claiming he "forgot". I tell father to reveal his choices anyway as there may be a window of opportunity to which he replied "ok" but never does. 

Q: I have been living with my husband for about 4 years in my mother in law's house. The house is under my mother in law's name only. My husband has been the only one paying rent since I am a stay at home mom. He has no lease with his mother. We are planning on getting a divorce soon. Can my mother in law kick me out since I don't pay rent? 

Q: Hi! I am a married female in the Bronx who had a baby in August with my husband. Me and my husband have been married for a year and did not date previously. Clearly things moved too fast. Over the year, I have found out that he is schizoaffective and has a substance abuse problem. He is controlling and aggressive and I do not trust him. He is also not good with money. In October we got into an altercation in which I called the police and had him arrested. There is currently an order of protection. He still resides here. He drinks alcohol and hides the bottles and smoke marijuana daily. I want to get away before something happens. I am afraid that if I leave he will try to find me and hurt me or take my son. He does not take his medication for his mental health.

Q: My sons father and I are currently fighting for custody. I keep my son the majority of the time. My son hates being with his father. He has not established a residence in which my son resides when he is in the custody of his father. His father owes child support and does not buy him even the basic necessities. We each, including my son, have our own attorneys. How much will the judge take into consideration what my son wants? 

Q: After I divorce my husband can he prohibit me to take our son to Russia for vacation? 

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 a lot 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: 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? 

Q: Will love to know.

Q: I Was tricked into going to court when I was young by my mother who never served me any papers informing me I had to attend court or even that she put in a petition of custody for my son. My mother had my son for roughly a month while I was working then the proceeding started. I did not attend after the first one because I was unaware how that process works or what was going on . My child was 2 at the time, he is now 9 years old and I unaware if the order expired. I've had my son for 30 days and he stated he does not want to go back there. So my question is if the order is expired can I get in trouble for not returning my son to my mother or can he stay with me until I put in a petition?

Q: I have just recently been laid off due to the covid 19 and I cannot afford my payments. What do I do now? 

Q: According to my court order, we get "Two non-consecutive weeks" where on even years the father gets to choose his weeks first. What does this mean in terms of my choice of weeks? The father seems to think that by default I must choose the weeks directly after his chosen weeks, where my understanding is I can choose 2 separate weeks as long as they don't fall on the weeks he chose? He chose a week in July & a week in August, I want a week in June & a week in August. Can someone clarify this for me please? 

Q: Since I had to apply for CS just to receive cash assistance but I don't receive cash assistance anymore and my son father and I live together, he helps me with his son but we have our first court date May 20th, how can I stop the judge from putting child support on him ? 

Q: I have been in negotiations for an uncontested divorce since July of 2019. A realtor came accessed the property which is a two family home. He quoted the home and suggested we finish some construction in order to sell. We have allot of debt between us so we were both requested for a pay out of all debt. I was advised from my realtor attorney friend the debt of the home was too high compared to all the number he ran. We would owe at the table a couple of thousand dollars. So I filed to buy her out which I was approved since September 2019. I decided to file for the home since she backed out on our agreement between her and my attorney. We had a list we both had agreed on. She signed it some time in August 2019 and I was awaiting the papers to sign as soon as my lawyer received it. That week she began stating she will no longer want to sell and wanted to sell as is. She then took her belongings and never returned. she began disconnecting services both under both of our names. She turned off con edison we had no heat or hot water. Which Led to the tenants vacating. She no longer contributes to the damages/upkeep & mortgage. I can't afford court since I've been left with all bills.

Q: I have 2 kids. My kids fathers has one other order in place that I know of. And possibly another. Both are not prior to mine . But the mother with the order in place is getting way more than me. He's being credited for hers and his wife's which is a notarized letter for my case. And his other kids mother does not have my credit or his wife's and this was 2 months after my hearing. Now I'm back in court because I was told that they can only count previous child support. I'm confused. 

Q: My ex whom I share 4 children with constantly uses Facebook live to go on rants about me. Most of the things he says are completely disrespectful and degrading. He talks about our past domestic violence Incidents, even ones where he's put me in the hospital before. I suffer from depression and I just had a baby so I'm trying not to let this get to me. But he won't stop. He has an order of protection against me and has made false claims about me which has lead to me getting arrested before. So I have to be cautious about how I handled the situation.

Q: My daughter who is 18 and living in Maryland.  Mother opens a child support case, money has been taken out of my pay roll check since the case opened, now I'm getting letters stating that I'm in arreas in the amount of 11,000 dollars, how is that possible??