My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.
You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.
My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »
There is no statute of limitations, however, failure to excercise your rights could be considered a waiver. It really depenmds on what preovisions you are trying to enforce. Speak to an attorney to interpret your agreement.
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as...Read more »
This is not a Family Law question. It is a trust and estate question. Also it may need to be posted in Mississippi rather than New York since that is where your father lives. It may depend on where the POA was executed. Repost in the appropriate area of law and jurisdiction.
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... Read more »
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
If this is your first speeding ticket (or the first in over 18 months) your ticket should be able to be reduced. You need to put in a not guilty pleas ASAP (keep a copy of the ticket before you mail it in), or go to an experienced traffic lawyer who can handle everything for you and you would not...Read more »
They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... Read more »
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.
In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held...Read more »
I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... Read more »
Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... Read more »
Living in New York State . The father abused me , was on substances and is in jail for a serious charge . His mother supported his actions/ enabled him . I have not heard from her in years but it is not safe to have my son around her (he’s a toddler ) or his father . What are my rights with this... Read more »
While a grandparent has a right to petition the court for visitation, they do not have an automatic right to such. A grandparent who has had little to no contact with the child would have a hard time justifying visitation rights.
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