We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More 
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More
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answered on Jan 15, 2024
That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More
Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More
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answered on Jan 15, 2024
The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer
This has become harassment because it is constant. Is there anything that I can do?
answered on Jan 10, 2024
To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More
answered on Jan 10, 2024
The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More
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answered on Jan 8, 2024
To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More
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answered on Jan 3, 2024
Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More
answered on Jan 10, 2024
Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More
My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be
Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More
answered on Dec 28, 2023
A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Jan 10, 2024
I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Dec 23, 2023
He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More
answered on Dec 7, 2023
Under current NY law you do not need cause to file for divorce. You do not need to prove abandonment. If the divorce is uncontested, meaning it is agreed to by both parties, it could take several months depending on the county it is filed in. If it is not uncontested then there is no way of... View More
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 12, 2023
In New York, divorce decrees are typically public records, and you should be able to obtain a copy without needing an attorney. Since the divorce occurred in Westchester County, you can request the divorce decree from the Westchester County Clerk's office. You will need to provide specific... View More
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
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answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More
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answered on Oct 23, 2023
In New York, if you both share a residence and one person wants the other to leave, it can be a complex issue. If both of you are on the lease or own the property jointly, both parties generally have equal rights to the premises. If only one of you is on the lease or is the owner, that person... View More
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