Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Derrick Storms
1 Answer | Asked in Divorce and Family Law for Indiana on
Q: I am wanting to file a seperation / protective order how does this work

Is he allowed to come back to the property

Is he required to pay child support

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

Interfering with the parent-child relationship is known as "alienation." Courts take alienation very seriously because it is harmful to both children and the alienated parent. Some examples of alienation are: instructing the child to say harmful things to a parent,... Read more »

View More Answers

2 Answers | Asked in Divorce for New York on
Q: Judge ordered home sold immediately,wife refuses

House could have been sold already now I’m behind on mortgage because of her

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

You should immediately inform the court that your spouse is not complying with the court order. The judge may request a conference to find out what's going on. You can also file an Order to Show Cause to request immediate action from the court, such as precluding a spouse from interfering... Read more »

View More Answers

3 Answers | Asked in Divorce for New York on
Q: do i need a lawyer to file for a divorce
Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

A lawyer is always recommended, but not always required. For a simple uncontested divorce, where the parties agree to the terms, you may be able to file the paperwork yourself. However, you will need to make sure you file the correct papers. In the event you erroneously file something or leave... Read more »

View More Answers

2 Answers | Asked in Divorce and International Law for New York on
Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

In New York, marital property is distributed through a process called equitable distribution. Many factors affect how the court will allocate marital property, such as the length of the marriage, each spouse's contribution to the marriage, etc. In some cases judges will split marital... Read more »

View More Answers

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.