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April 2020 Archives

How can I modify a visitation and support order from another state?

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? 

My situation is a bit complicated and I'm trying to decide between legal separation or straight divorce?

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. 

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.

Can I enroll child in school without non-custodial parent even if he never decides? I don't want child to miss an opportunity.

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. 

Can my mother in law kick me out if I'm divorcing her son?

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? 

How can I evict my husband from my apartment he won't pay bills and he is unstable around our children ?

Q: My husband is bipolar and spends his disability check instead of paying bills I want him to leave our apartment but he refuses how can I get him out fast ? 

How can I get out with my child from psycho husband?

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.

How long will a divorce take if you have been separated for two years?

Q: I wanted to get married to someone else in May 2019 I was wondering should I change things up bring that I can't give the lawyer his money to January. The lawyer said it will take 3 months but I'm not sure if I should believe him or not.

My son is 7 years old and he continues to cry and beg to live with me for good and no longer visit his father. How can I win?

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? 

How can I get an Ex to allow me to inspect a home for damage we both still own?

Q: We have stated in the divorce agreement that I can inspect twice a year with 30 days notice and i follow the agreement but when i show up she states I am threatening her and will call the police if I ring the door bell. Can I get a court order to enter? 

Hello, I currently make $2,560 a month before taxes how much will I have to pay in child support each month?

Q: My Ex partner is taking me to child support and I wanted to know about how much will I be paying each month? I also have another child whom lives with me. Thank you!

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 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?

Can I get a neurological evaluation, both cognitive and physical, to show limits in earning capacity?

Q: Getting Divorced. Previous to my marriage of 23 years I was in a car accident, TBI . Husband was fully aware of my situation before marriage. I have been a stay at home mom for 17 years. I believe at this point in time I am not capable of being self supporting. I has been come increasingly harder for me to remember things and understand. Balance is a issue too. There is the possibility that I the future I may need full time assistance. Any recommendations of where to get neurological testing done is greatly appreciated.

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? 

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. I am not sure of what course of action to take since my child is now at a boarding school.

My son's father never paid the child support he owes $56,000 he quit his job to not pay. Can I get his stimulus?

Q: My son is 30 yrs. Old this dude never helped me at all. He has not filed his taxes in 3 yrs. He says he refuses so I wouldn't get anything. Now how wicked is that? He said he's gonna get it amended because he been in and out of jail. I've struggled as a single mother thank God for his help. I got my son through high school through his disability. I was able to go to school as well. I have two degrees I'm truly blessed. Oh no, got a little bit carried away, please excuse me. Just had that one question. Anyone that just never really paid their court ordered support should not get the stimulus it is a tax break and it should be given to that single mother who struggled and did everything from the roof over the child's head, all the hospital visits to getting their child through school. 

Do temporary orders expire? If so how would I know? Also, if it's expired I have to return my child after 30 days of staying w/me?

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?

Can my partner fight me for custody and win?

Q: I want to separate from my partner, we aren't marry but both of our names are on the birth certificate. I obviously want to take my baby. He said that he wouldn't let me do that but I'm honestly a better fit to raise the baby alone. What would happen? What are the steps? If i fight him in court what are the chances I'll win? 

"How Is Your Office Operating During The Covid-19 Quarantine In New York?"

"Our law office is still open for business but my staff and I are almost exclusively working from home. My office was ahead of the game in that we already had our entire practice on the cloud. That makes it very easy to transition to a home office setting and continue to be up and running as if we were physically in the office. I go to my office once a week to check the mail and scan documents. We are continuing to set up appointments using the phone, Facetime, Skype, and Zoom. We've been taking these precautions for the past couple of weeks with very few hitches. Everyone has been very understanding of the situation. For a while now, we've been accepting credit card payments and direct bank transfers for potential clients to pay consult fees or invoices online, so that has not been an issue. In terms of the status of the courts right now, New York courts are only operating on essential filings and hearings in my field, which is divorce and family court. The only issues that Family Court is accommodating right now are "emergency filings." Please consult this Memo: http://www.nycourts.gov/LegacyPDFS/press/PDFs/PR20_07.pdf
Persons with Divorce or Family Court cases are advised to consult the NYS Court's website (http://www.nycourts.gov/index.shtml) on a daily basis for updates on the courts' status." 

What does one parent choosing their vacation days first mean for the other parent?

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? 

What occurs when you offer continuously gets declined?

Q: Spouse petitioned & served me uncontested divorce documents. There is a two family home with tenants residing on one end. I have been approved for the past 5 months to buy my spouse out. Due to debt the two of us would have owed thousands at closing. The most smart thing to do was to buy her out. I've offered to pay all her debt as she requested. However, she has come countless times with out any counter offer. She has requested for the appraisal which I willfully gave to her. We have only owned the home for 5 years. She wants her 50% now. She has left and has left all the mortgage and maintenance of the property, tenants and emergency repairs. I know it can be deducted later on. Since 80% of the homes value can be withdrawn from the appraisal. I cant give her half from a $700,000 appraisal, owing $305,000. She has caused allot of issues doing malicious things. So Having to find new tenants and turning every bill in my name. My current lawyer is advising me to use her partner and go to court. I was hoping for a strong legal advisement to go another route. As I am doing my best to stay afloat. I feel stuck & need a 2nd opinion. As I'm bending with no positive outcomes.

I had to start the process of child support just to get cash assistance but i don't want to put my son father on CS (live together)

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 ? 

How often are appeals granted in NY when it comes to overturning a grandparent visitation order?

Q: My husband and I have been estranged from MIL for 3 yrs. he's always had a bad relationship with her. During the 3 yrs we battled infertility, failed IVF rounds, death, and finally, the birth of our son. Throughout this whole time, MIL NEVER reached out. Not during my pregnancy and not even when our son was born all she did was disparage us. Fast forward, my son turned 2 mos old and the texts started how "she has a right to meet her grandson" ... never wanting to fix our issues first which we told her would need to happen before she had a relationship with our son. She refused. She attempted 2 or 3 more "texts" only.
When my son turned 6 mos we were served papers being sued over grandparents visitation. We've spent $20k so far and this judge granted her standing based on a couple of texts and a few cards/gifts that were sent to us only AFTER her court appointed lawyer told her to after court began prior to court or even being served never one gift, letter or card was received for any event or holiday for my son. We are in the midst of best interest analysis now and I'm feeling hopeless because of the bad calls this judge is making and just preparing for an appeal and losing. 

Dodged by spouses attorney to negotiate terms for a buy out of assets within an uncontested divorce?Bad faith claim?

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.

Is a verbal order by a referee legally binding?

Q: My husband filed for divorce. We have made our first appearance before a referee in the NY Supreme Court. I requested that his paramour not be permitted around our children as he has done so despite my objections. The referee told him to keep the paramour away from the kids but would not put it in writing. My husband says it's not legally binding and I cannot dictate whether his live-in girlfriend can be around our children. Is he correct? He wants to see him and the covid-19 virus limits where he can take them. 

How is child support determined if you have multiple orders??

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. 

How can child support be taken from unemployment in another state?

Q: The noncustodial parent was having child support payments taken right from his paychecks in NJ, now he is unemployed and will be receiving unemployment benefits, in a different state from where the child support order is in effect, NY. Will child support payments come directly from his unemployment, even though in another state? 

Can I sue of cyber bullying/harassment?

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.

How can child support be taken from unemployment in another state?

Q: The noncustodial parent was having child support payments taken right from his paychecks in NJ, now he is unemployed and will be receiving unemployment benefits, in a different state from where the child support order is in effect, NY. Will child support payments come directly from his unemployment, even though in another state? 

How can Arrears be so high if the case was just open less then two years ago and now Arrears is $11,000?

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??

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