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

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

You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

Child support is required from the non custodial parent regardless of marital status or whether the parents ever lived together. If you are the father of the child you will be required to pay child support. Spousal support in New York, however, is only paid when there was a marriage. If you were... View More

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

You will lose. If the zone is 55, going 56 is speeding. The fact that he gave you a break by writing only 65 is a gift to you. Office would testify to his experience and his observation is based on that. BTW, 25 mph over is a 6 point violation. 10 mph over is 3 points.

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 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

You can petition in Family Court for custody. Depending on the facts, what is in the best interest of the child, the court will grant custody. As for the money, you would need to sue him in State Supreme Court as Family Court does not have jurisdiction over regular debts.

Your license was not suspended for the violation, but for failing to appear at the traffic agency. When you sent in your plea a date was likely given. You needed to appear at that date and resolve the violation. You can retain an attorney to appear for you and get the case restored and resolved.

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

There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.

How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.

There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.

You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.

Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.