Q: My husband and I have been married for nearly 9 years but as of today we are living as roommates under the same roof without any communication. He lives his life and I live mine. Note this situation has been going on for the past 7 years. that’s the reason I believe It is time for me to move…Read More
Q: Support Magistrate was reversed on objection by Family Court Judge with proceedings remanded back to magistrate with instructions. Party seeks reargument of the Judge’s remand order and is denied. Support Magistrate then issues a revised order which faithfully and correctly implements the Judge’s remand instructions. Can a party object to his revised order? My argument is no because the…Read More
Q: His dad was unemployed for over 1 year. Now it’s time for him to go to college. There are funds left. I told the Suppt. Magistrate when he went in for the downward & she said “Do what you have to do to survive.” However, there are no transcripts to support this. Did I do something wrong? And if…Read More
Q: Shes been refusing to go with him for many yrs she told me shes afraid of him and now my ex is taking me to court for full custody and claiming im alienating her yet i take her on the visits weekly or she wont go.Shes asked me if she can get out of going on the visits bc…Read More
Q: He cheated and was back/forth for 2 mths. Last she saw/spoke to him was Mar 28 when he left for work out of town and looked her in the eye and said, “mommy and daddy are fixing things. You don’t have to worry anymore. You and mommy are my only girls. I’ll be back on Thursday to spend Easter…Read More
Q: My ex spouse and I have joint custody and children primary residence is with me. Since the settlement was signed my ex abused certain things we agreed to. He set up deadlines that he didn’t keep which resulted in that kids vacation had to be cancelled and completely changed. Overnight visit didn’t start as we agreed. He keep changing…Read More
Q: MY SON HAS EMOTIONAL ISSUES & HAS BEEN THREATENING ME TO LEAVE HOME. HE DOES NOT WORK & THREATENS TO STAY W/FRIENDS. WILL HIS CHILD SUPPORT STOP? WHAT CAN I DO ABOUT THIS STRESSFUL SITUATION. A: David’s Answer: If the child leaves your home & becomes self-supporting, that is a basis to stop child support. If he’s not, and…Read More
Q: My ex fiancé is the father of my child. He was abusive. Has admitted in text that his mind is a dark, twisted and Evil place, and he has moments where he thinks my unborn son isn’t his. if he got custody of my son, his elderly and disabled parents would be force to take care of him. Because…Read More
A: David’s Answer: Out-of-court “custody agreements” are unenforceable unless they’re ultimately incorporated into a court order or judgment. Thus, other than it being a “memorandum of understanding” between the parties, it’s of little legal import at that point. Schedule a consult with a NYC Family Law attorney for a full assessment.Read More
Q: My family court objection was sustained resulting in a remand to the trial court with instructions. What happens next? Does the trial court schedule further hearings? Does the trial court just simply adjust its earlier decision for the instructions? Do I need to make any motions? A: David’s Answer: usually the court clerk will schedule a new date. This…Read More
