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Westchester Family Law Attorney Archives

Judge ordered temporary maintence and spouce is not complying with amount?

Q: Going to trial in July. White Plains Supreme Court new york. My attorneys have done nothing about it. and its been going on, him paying less than the Judges order, since November 2017 A: Your attorney can simply garnish his wages for the amount. They can also do other collections actions, short of filing a motion. For a 2d opinion, schedule a consult with a White Plains Family Law attorney.

How to withdraw Petition from Family Court?

Q: My attorney filed form 4-13 (Support - Petition for Enforcement of Order Mande by Another Court) in Family Court of The State of New York.
There was first hearing, and after the hearing Responded and I was able to settle the issue, and there is no reason to proceed with my petition. My attorney is not representing me any longer, and I have to withdraw my petition. Could you please advise what form I should use to withdraw my petition?

How to avoid paying high child support when I just lost my job?

Q: I have a child support order from 2015 which I abided by and paid all child support in time. I lost my job recently and I want to file for modification but last year I made more than what I made in 2014 based on which my child support obligation was calculated.
Is it wise for me to file for modification or continue to look for a job and pay child support when I dont have a job?

Are there any consequences for lying on a court petition and financial affidavit?

Q: I have been battling a absentee father in family court and the first petition went to trial just this past Feb. Three nights prior, he hacked a friend's FB who I was talking to (he had previously gained access to my account to steal photos) and threatened my life. A restraining order was served on him the day of trial. He withdrew the petition and the next day filed a habeas corpus (which I thought was only used by custodial parents), violation, and modification. He lied on all of the petitions, stating that I was granted custody in 2008. I have had custody since her birth and an order was finalized in court in 2006, not 2008. It was modified in 2008. He also wrote that he wants custody RETURNED TO HIM.
While I have not seen his financial affadavit, I know that he makes more money than he is disclosing because he claims to not have enough money to afford an attorney and he is retired from the city with a nice pension, plus Social Security Disability.
The judge doesn't he's lying, although the order clearly states RESETTLING original order. Is this enough to fight the habeas corpus or get it thrown out? He is lying about everything under oath and on his petitions.

What do I file in supreme against a signed court order (nov, 2017) written by my ex-wifes attorney. It has a error.

Q: I am Pro Se. We had a proceeding in 2017 and my wife's attorney offered to write the Order from the Transcript. The Order was signed and it has a mistake. The Order does not match the Transcript or the 2011 S.O.S. Do I file an OTSC? What kinds of documents?

There is no court order for on custody and we were never married. Can my son at 16 years come live with me. I have a good job?

Q: My sons mother always picks on him. And it's not just because she is disciplining him. She puts him down emotionally and I have been trying to help him so now he wants to move in with me

Child support modification summons have not been served to me. Should I go to court?

Q: I recently received an order from the court saying that my ex wife will take my son on her employer provided health insurance. Earlier my son was on my health insurance. This order doesn't say that I should remove my son from my health insurance. When I called the court to ask about this they told me that there was a court date that I did not attend. I told the court clerk that I did not receive any summons. They have put it on calendar for another date. Since I have never been served with the summons, what should i do? Also, the court clerk told me this is in proceeding for modification of child support. I am paying high child support currently and would like to reduce the child support. In what circumstances is this possible?

How can I get the car registration from my ex husband for the leased car in his name that I was untitled to use by court order?

Q: In the divorce judgement I was given the car that is leased in my ex husband's name to drive and use but the registration is expired and my ex husband refuse to renew the registration. " I don't know if he renewed it and holding the new registration". I got two tickets already, how can i I force him to register the car and give it to me?

Can child support put a hold on a lawsuit or take money from a auto lawsuit with out worker comp.

Q: My kids mom has been keeping my kids from me and I want to see them so I want to go to court I just don't want the courts to take from the money. I havent been to court at all yet.

I relocated with my daughter after mutual agreement with her father. He then filed a petition to bring me back. Now what?

Q: Hello, I wanted to get a second opinion on my case. I was granted sole legal and physical custody of my daughter. Her father has visitation every Sunday. He announced to me he was moving out of state during the summer and so I also decided to move to a different state where I would have closer family. So I moved 3 weeks ago. Father of the child was in complete agreement and we had discussed how visitation would happen. The minute I left he filed a writ of habeas corpus claiming that I took the child out of state against his will and he requested I bring back the child. FYI He is out of status as far as his visa situation is concerned so he cannot have custody because he could get deported one day. So now the problem is that the judge wants me there with the child for a hearing that will take place a couple weeks from now and my attorney informed me that the judge also wants me to remain in NY until the case is resolved. Under what circumstances can I avoid staying in NY? Would having a job or going to school where I am now be a reason for the judge not to keep me in NY until a resolution? I am already settled here and can absolutely not stay in NY for more than a couple days.

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