Q: The father has my daughter one less than day than I do. He has her Tues and Thurs overnight. I have her Monday and Wednesday overnight. He has him every other weekend Thurs 5pm to Sunday 6p. I have him Friday 5pm to Tues 5pm, which means I have him more. Do I have the right to seek child…Read More
Q: If custodial parent from NY is owed child support from a parent now living in FL, what happens to the arrears in child support if the custodial parent dies? A: It depends. If the arrears issued was reduced to a money judgment, then the money judgment is enforceable by the estate. If not, then the arrears would most likely…Read More
Q: *We live in NY* They never went to court or have had a court order for anything. Child was mainly with us until covid. Then she started staying home more. He has always given the mom money (with receipts), has always been responsible for medical and has always bought and put money in child's account (he got her a…Read More
Q: I lost my job a few months ago due to covid and an accident I was in limiting my productivity. I am not receiving any benefits or any unemployment or assistance. I filed for a downward modification which is currently in litigation and ( My previous lawyer whom I paid an exuberant amount of money never filed it) so…Read More
Q: I lost my job a few months ago due to covid and an accident I was in limiting my productivity. I am not receiving any benefits or any unemployment or assistance. I filed for a downward modification which is currently in litigation and ( My previous lawyer whom I paid an exuberant amount of money never filed it) so…Read More
Q: My son is 18 and enlisted in the marines left for basic training and got medical discharged. Do I still have to pay CS or is he emancipated? A: If he WAS in the Marines but is no longer in the Marines, then he is no longer emancipated. The Custodial Parent may re-apply for a court order of child…Read More
Q: I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a modification. Actual…Read More
Q: I filed a Child Support modification (downward) to Family Court and submitted a thorough and accurate financial disclosure using the latest, most comprehensive financial disclosure form provided by the court. My ex used an old version of a "short form" (from 2018) and did not provide W2s or up to date pay stubs (they were a few months old).…Read More
Q: When my ex and I settled our divorce which was So Ordered, we agreed that I would be responsible for half our child's college tuition with a SUNY Cap. We also agreed that I would pay for extracurricular activities with an annual cap. My ex wants the Family or Supreme Court to increase the my originally So Ordered college…Read More
Q: I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and it has been the 4th time…Read More