Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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answered on Mar 21, 2023

There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.

Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker... View More

If you are in immediate danger call 911

The National Domestic Violence Hotline is 800-799-7233

Safe Horizon contact is 1-800-621-HOPE (4673)

There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)

212-400-6470... View More

On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.

Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More

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... View More

The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... View More

Unless you waived the option to have the right to seek a modification every 3 years or upon a 15% change in the payor's income, you can seek one whenever it is warranted. You can always seek a modification based upon a change in circumstances, such as the needs of the child have changed. If... View 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.

It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More

I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... View More

New York does not recognize common law marriage therefore no spousal support would be ordered. However, if you own property together you may want to contact an attorney to determine if you have a case for small claim, Constructive trust or partition.

Dear New York Tenant:

You do not owe rent to your husband, and if a victim of domestic violence you have special rights to seek to cancel the lease. Leave the notion of paying a share of rent up to the divorce court. Your husband does not have a cause of action to compel you to pay and if... View More

If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... View More

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... View More

It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.

Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.

Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More