Q: I am filing an objection to an order & decision of a support magistrate in Westchester County, NY. My deadline is Wed. Jan. 6th! The order & decision was combined for “judicial economy” so 2 petitions are inter-twined. Mine, a wilfull violation of non payment of child support, & my ex’s, a modification of a support order, stating our…Read More
Q: when do i file the plaintiffs affidavit to the divorce case i filed. does it have to be filed with the verified complaint of can i file it later? 2) if i don’t file it with the complaint can the other side dismiss my complaint as not stating an action with the proof in the affidavit? 3) i filed…Read More
Q: My wife abandoned me and left me and our business in terrible debt. Now, after not hearing from her since December 2014, I received a notice for divorce. The first paper, i tried to respond to on my own, as I can not afford a lawyer. Now i received a Summons With Notice. She wants to be absolved of…Read More
Q: I have a visitation order from NY. but I live on MA. Me and my son have been living here for over 2 years. The court ordered for me to drop my son off at NY every other weekend on Friday’s and to pick him up on Sunday’s about 1 1/2 years ago. My sons father is now taking…Read More
Q: Hello, my question is for my father who separated more than 10 years ago after married about 8 years with my Mom. He tried to divorce couple of times but failed at first couple of years of separation. They left each other and no more contact for many years. Have they in fact divorced? I have lived with my…Read More
Q: I’m married with kids but seperated. She has sole custody and sending me through the ringer in family court. I want to buy a house but don’t want my spouse to have any claims to the house or its assets now nor when the divorce is finalized. A: David’s Answer: The best way is to file for divorce asap…Read More
Q: No child support because father has taken a leave of absence from his job. Without the child support i receive for our 2 children i will not be able to continue to pay the mortgage. Will the court have him continue payments. He has stated he will pay back whatever wasn’t paid once he “regains his bearings” but i…Read More
Q: Which county in NY has the fastest processing times for divorce? Simple no fault divorce. unlikely to be contested. No kids or property to divide. A: David’s Answer: Most NYC counties have the same approximate processing time, give to take about 1-2 months. That said, if you file in a county where neither of you reside or own property,…Read More
Q: We borrowed money from my parents to buy property and promised to pay back on demand. We are now divorced. How does my parents recoup the monies? A: David’s Answer: If it was not made part of your divorce settlement, then your parents would need to sue him directly. However, if they have no evidence distinguishing the money as…Read More
Q: Wife appears to be given job offer to be head of an elementary school in PA. Family live in NY. She has made the ultimatum, if she gets the job, she has paying job, and school for the children to attend, plus she can live with her parents until …whenever. Husband is not necessarily unemployed, but employed on commission…Read More
