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Bronx Family Law Attorney Archives

Is there a benefit to filing a second violation petition when an initial violation petition exists prior to going to trial?

Q: I have filed a violation petition alleging several violations of an existing court order. The other parent has continued to interfere with visitation. Is there a benefit to filing another violation petition with the new allegations prior to going to trial to change custody? Does it make sense to wait until trial to talk about the new allegations? Does it end up being a nuisance for the judge to have to sift through multiple violation petitions? 

What is the chance of my losing custody due to prior substance abuse and mental health issues?

Q: Two years ago I won residential custody with joint legal custody. Since then my ex has been digging up dirt to return to court and seek custody change. I'm concerned because 14 years ago I had substance abuse and mental health issues that I got help for. About ten years prior to that, before I even knew my spouse, I had made a suicide attempt and was hospitalized. I'm reasonably certain my ex has gained my treatment records and plans to use them as evidence for a custody change. I have been stable and substance free for many years now. Our children are happy and doing well in school. I have been primary care-taker of our children since January 2008 wherein my ex gave me the responsibility for our children upon our separation at the time. We tried reconciling but the abuse from my ex was not getting better so we fought for custody and a settlement was reached for me as custodian in June 2016 and incorporated in our divorce decree in December 2017. My ex constantly disparages me to our children and has even sent me profanity laden text messages until about three months ago I'm guessing this stopped so I can't show anything recent regarding abuse. Thank you in advance for your help. 

What are the next steps to take after sending in the documentation to dispute money wrongly taken for child support?

Q: Last month, I posted a question pertaining to a situation my mother was going through with her husband's child support issues. She had a joint account with over $4,000 in there, and the Bronx collection unit took $105,000 out of it. The thing is, her husband has never deposited money since the account's been open in 06. This was the same year they got married, and its purpose was to house the checks they received as wedding gifts. She's been using this as her primary account and forgot that it was a joint account. After the money was taken out Jan 29th, Her husband received a letter/package containing documents about his child support. It also contained the MISTAKE OF FACT AND/OR EXEMPT MONEY CLAIM FORM. She filled out section 2 of that form, along with her pay stubs and bank statements for the last 60 days. The letter/package was dated 1/24/18, and it forms said we she 15 days to dispute the money withdrawn out of her account. She overnight everything 2/6/18, but have not heard anything since then. She can't call the child support hotline and ask because they're only interested in her husband. What are the next steps we should take?

Can I file for child support or spousal support?

Q: Would like to know if I can get child support or spousal support from my husband,we have been separated since last March,we have 2 children lived together married for 10 years, he did not support us financially then nor now, we are currently in family court due to me having to get a restraining order but because he attacks me in front of the kids and there is a history of DV, it is a neglect case with ACS involved, we are sharing the kids equally now until the court decides. When I left him I only left with the little money I had and our kids,it was hard for me and had to decide to have the kids going back and forth just so I could find a job and a stable home I was too scared to have my children in the shelter system. I would like to know if I can get any kind of support for my kids when I have them.

How to establish paternity when he is hiding

Q: I have two daughters and ex convinced me to not add him on their birth certs. 2 yrs later we have broken up & I have tried to get him to come to a payment agreement & has refused. Changed his number & his address. I am aware of his work location & his private information. I have both girls in diff childcare and pay car insurance for even being able to make it to childcare & to work on time. I am 70 bucks from poverty level therefore cannot get any assistance. Barely making it. How can I establish paternity & what ways to do so. He is a violent individual so I am also afraid of what he may do after I file but I need the help.

Can having children in the future lower child support amount?

Q: If you are married and are on child support from an ex for one child and your ex has primary custody, if you decide to have more children with your new wife, can you get a modification to lower the child support payments since you will have more kids to support and these kids will be with you full time?

How long does it take for a judge to sign off on divorce papers?

Q: I live in California, but I was married to this woman that lives in New York. We been sperated for over 5 years. I signed the first divorce papers, but since I didn't get them notarized they threw them out. Now I made sure everything is notarized and signed right I just want to know how long it will take for the judge to sign them? We don't want anything from each other, no money, we have no house together, no children together. Just a plan divorce.

How can i surrender a child that is under direct placement with me under acs supervision in nyc?

Q: My nephew is living with me under direct placement but circumstances have changed between me and my wife and unfortunately we are unable to care for him any longer. We have submitted our 10 day notice to acs and have informed them for over a month now about the situation with no cooperation from them and need to surrender the boy back to them and need to know how to do it asap.

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445 Hamilton Avenue
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White Plains, NY 10601

Phone: 914-368-7580
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3190 Riverdale Avenue
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Bronx, NY 10463

Phone: 914-368-7580
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