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Questions Answered by Bruce Provda
1 Answer | Asked in Family Law for New York on
Q: I pay child support can I move out of state without telling the kids mother
Bruce Provda
Bruce Provda answered on Apr 17, 2015

You have to declare where you are living to whomever you are paying child support to. Some people pay it to the state child support agency and some directly to the other spouse.

1 Answer | Asked in Family Law for New York on
Q: I pay child support what is to be done with that money?

My daughters mother get the money and dont buy my daughter anything

Bruce Provda
Bruce Provda answered on Apr 17, 2015

The purpose of child support is to clothe, feed, medically provide for, educate etc. the child as well as provide the child a place to live. So paying rent, utilities, cable would all be involved in that.

1 Answer | Asked in Family Law for New York on
Q: Hello, my name is Sabrina. Does my income affect how much child support my husband has to pay?

Also, she is asking for me to show my pay stubs, do have to show proof of how much money I make?

Bruce Provda
Bruce Provda answered on Apr 17, 2015

I am assuming that you are concerned about what he would pay to an ex wife? If so, it does have some effect on his ability to buy essentials if you are jointly supporting the household.

1 Answer | Asked in Family Law for New York on
Q: We have a separation agreement signed by both of us in Scotland. Will NY state recognize foreign separation agreements?

The separation agreement was signed willingly by both parties and had a clause that said both parties would like Scottish Law to be considered when the final divorce was set. I was told the US does not take foreign separation agreements into account? My wife has already taken half of my assets... Read more »

Bruce Provda
Bruce Provda answered on Nov 5, 2014

It does not seem likely that this separation agreement would hold up in US courts. You would need to establish residency in NY in order to file for divorce here. You certainly present the agreement as a past decision between you both, but it would have no legal standing. You should speak with a... Read more »

1 Answer | Asked in Family Law for New York on
Q: My son's father has never paid child support, and has not seen him in 3 years. Can I terminate his rights?

I recently married and my husband wants to adopt him.

Bruce Provda
Bruce Provda answered on Nov 5, 2014

The termination of a parent's rights is something that must be done by the court, if there are biological rights at this point. He may well agree to this and then it will simply be a case of filing a petition. However, you need to know at that point that you can not come after him for any child... Read more »

1 Answer | Asked in Family Law for New York on
Q: How can I get my daughter back from the father who has soul custody of her and she's 12

The father does not have his own place my daughter had gotten left back and the school and the father had lied saying she was getting promoted and he turn the child against me and I haven't seen her in 3 months or talk to her

Bruce Provda
Bruce Provda answered on Nov 5, 2014

You would file a petition in the family court to change the custody status. In the course of the hearing, you would provide evidence as to why he should no longer have custody.

1 Answer | Asked in Family Law for New York on
Q: If I take my child father off child support will I be forced to pay child support
Bruce Provda
Bruce Provda answered on Nov 5, 2014

If I understand your question correctly, you have physical custody of your child. It will be up to the court to stop his child support payments. If you retain physical custody the child you would not be paying chiild support, if the childs moves into the physical custody of the father you may... Read more »

1 Answer | Asked in Family Law for New York on
Q: My son is 8 yrs old he was born and is living in the Dominican Republic. I pay (DR) child support there.

His mother is not a US citizen. She has married a man in DR, he is from Florida. Can they move my son to Florida Without my consent? If so who is responsible for The care of my child, me or the husband? I live in NY and have not yet given my son his US birth abroad status or his US passport.

Bruce Provda
Bruce Provda answered on Nov 5, 2014

Your question is very fact specific and cannot really be answered in this type of forum. You need to discuss this is person bringing all the information you have to an attorney.

1 Answer | Asked in Family Law for New York on
Q: I was granted sole legal and physical custody of my child. My ex is living with my child in PR. How do I get my child?

My ex did not particiapte in custody hearings and did not appear neither in person or via phone. I hired a private investigator to locate my ex in order to serve the court papers and was able to do so. Now that I've been awarded full sole custody, and I want to get my child. Do I have to fly to... Read more »

Bruce Provda
Bruce Provda answered on Nov 5, 2014

Puerto Rico should honor your custody order. Howeverr, you would need to hire an attorney guide you through the red tape that this sure to arise between the territory and the state. You would get a NY attorney who may then align withh an attorney in Puerto Rico. You may eventually have to go... Read more »

1 Answer | Asked in Family Law for New York on
Q: can I take my daughter father back for child support if I know he makes more now?

He has another job

Bruce Provda
Bruce Provda answered on Nov 5, 2014

Yes, if there has been a substantial change in his financial circumstances you can file a petition to modify child support.

1 Answer | Asked in Family Law for New York on
Q: Mother has full and sole custody granted in NY. Can she move to Alabama and file for same there?

Mother has family in Alabama. The children's aunt, uncle and grandparents.

Bruce Provda
Bruce Provda answered on Nov 5, 2014

The custody order from NY would be honored by the Alabama courts and she would not have to file again. As long as there is no court order that she should have the father's permission to move, she is free to do so.

1 Answer | Asked in Family Law for New York on
Q: If the child is 17 and begins to work do I the noncustodial parent still have to pay child support ?
Bruce Provda
Bruce Provda answered on Nov 5, 2014

In New York, child support contines until the child is 21 or becomes emancipated. You might check with your attorney as to whether he has a large enough income and is living outside the home. Then petition the court to cosider him emancipated.

1 Answer | Asked in Family Law for New York on
Q: In the state of New Hampshire can a person who lives in new York be ordered to pay child support if they're on ssi?

The father lives in new York and his only income is ssi can nee Hampshire order child support?

Bruce Provda
Bruce Provda answered on Nov 5, 2014

This would be a question for a New Hampshire attorney. If there is an order from New Hampshire, New York would honor it. He could go to court and state that there has been a change in circumstances due to loss of income.

1 Answer | Asked in Family Law for New York on
Q: If a person is paying child support and get married will the support be based on their incomes or only one income
Bruce Provda
Bruce Provda answered on Nov 5, 2014

It will be based on both parents income and expenses. The marriage would only make a difference in his expenses, which might be less with another person sharing them. Discuss this with your divorce attorney for strategies.

1 Answer | Asked in Family Law for New York on
Q: If my ex wife has sole custody of our children and visitation is upon agreement between both parties and my children

don't want anything to do with me, am i still responsible to pay child support?

Bruce Provda
Bruce Provda answered on Nov 5, 2014

You are responsible for child support until that court order is changed in some way. As for the visitation, you can take her to court for not doing as ordered in the agreement.

1 Answer | Asked in Family Law for New York on
Q: I want to marry my boyfriend, he pays child support in NYS will I have to pay once we are married?
Bruce Provda
Bruce Provda answered on Nov 5, 2014

You might want to keep your assets separate from his, i.e. bank accounts. However, if a petition is filed for modification by the mother due to a change in circumstances, the fact that he is sharing the rent or mortgage etc. will be taken into account as lowering his expenses. You personally... Read more »

1 Answer | Asked in Family Law for New York on
Q: I slept with a girl 2 years ago, it was one night stand and she became a pregent. I just found out ,

does it make to pay child support to her if she go to court ?

Bruce Provda
Bruce Provda answered on Nov 5, 2014

You described the situation, but I did not find a question that you asked. If you are asking if you have child support responsibility, that will depend on whetherr or not you are the child's biological father.

1 Answer | Asked in Family Law for New York on
Q: i was in a abusive relationship with my child's father. i left georgia and came to new york. can he file kiddnapping me?
Bruce Provda
Bruce Provda answered on Nov 5, 2014

This would depend on what the child custody in Georgia stated. Were you forbidden to take your child out of the state? Did he have joint custody?

1 Answer | Asked in Family Law for New York on
Q: Can I have my sealed safe deposit box with a married man he died if I take his wife to waive her rights could I get it b

Can I get it back my box has nothing to do with his estate

Bruce Provda
Bruce Provda answered on Nov 5, 2014

This is more a probate question, however, you have a right to the box as you are a co-owner of it and the whole box would pass to you upon his death, I believe.

1 Answer | Asked in Family Law for New York on
Q: My wife & I are considering a trial separation. Does this impact future custody rights?

My wife and I are discussing a trial separation, where she would remain in the house with our 12 year old son. What impact, if any, does this have on my future claims for custody should we decide to eventually divorce?

Should we also sign a formal separation document with specific rules in... Read more »

Bruce Provda
Bruce Provda answered on Nov 5, 2014

Depends on a trial outcome. Please consult a lawyer.

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