We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice
answered on Jun 28, 2022
Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.
We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?
answered on Jun 27, 2022
If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.
My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.
I feel it's... Read more »
answered on Jun 3, 2022
There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support... Read more »
If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.
answered on May 30, 2022
This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.
answered on May 27, 2022
Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.
If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?
In this case... Read more »
answered on May 24, 2022
The nonmonied spouse must make a motion for attorney fees. The court can not address that without a request for it. Talk to a lawyer.
I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.
How successful will my spouse be? What would be the outcome? How many years can they get a report?
answered on May 24, 2022
She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.
We both lived in nc, but before she left she had child support taken out against me while I was in college and I wasn’t aware. She moved to New York a few months after my son was born 2011. She has been living in New York since 2012….. we both live in New York at the current time. But my... Read more »
answered on May 19, 2022
A valid child support order is enforceable throughout the country. Unless there is a need for a modification, the order is enforceable.
answered on May 16, 2022
Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer
This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?
answered on May 2, 2022
I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... Read more »
RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***
My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »
answered on Apr 25, 2022
If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.
I check on the child support website he does any he owes me money this never has happened before . Iv also mentioned it to him but no answer
answered on Apr 18, 2022
Contact Child Support Enforcement Bureau. If he hasn't paid a d the order is still in effect you can file a violation petition in Family Court.
My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.
answered on Apr 17, 2022
NOI is Note of Issue. That is the form that says to the court that the case is ready for final resolution or trial. It is required in all cases. The court website simply says it was due and it was filed. If everything else required was filed, it just needs to go.up to a judge for signature.
So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »
answered on Apr 16, 2022
While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... Read more »
Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.
I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »
answered on Apr 14, 2022
Once a permanent child support order is issued, the arrears dates back to the date of filing.
I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... Read more »
answered on Apr 10, 2022
You need to go to Family Court and get the Judge to approve it. You will need to show the court how ot benefits the children to move. Talk to a lawyer.
He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.
answered on Apr 4, 2022
The law is that wherever the child resided for the previous 6 months has jurisdiction. You can file for a habeas corpus petition. Consult a local attorney.
answered on Apr 4, 2022
You can contact the local bar association to see if there are any pro-bono attorneys.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
