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answered on Jul 18, 2023
It doesn't make a difference what she says. Under the law, child support is the right of the child not the Mother. Once the case goes to court, the court must grant child support no matter who gets custody.

answered on Jul 18, 2023
The previous answers of counsel are correct. However, just know that if you do get the mother's permission to move out of state, be sure that it is in writing and notarized. You should also put in writing what visitation the mother will have and who will pay for transportation for the child... View More
I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?

answered on Jul 18, 2023
You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More
Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both... View More

answered on Jun 29, 2023
You can do a post-nuptial agreement and agree to anything you want as long as it is not a crime or against public policy.
I sent an eight page PDF to Family Court, detailing why I'm not violent and demonstrating how my ex-wife lies to get what she wants. I refute two offense claims she makes in the Temp Order Of Protection. Or is the burden more on her, to prove what she is accusing me of?

answered on Jun 24, 2023
It is the petitioner who must prove the allegations
My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).
When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

answered on Jun 24, 2023
Since you started a divorce action in supreme court you cannot file for custody in family court as a divorce includes custody.

answered on Jun 22, 2023
You should immediately speak to an attorney about this as you will have to explain what happened and then file a motion in that regard. In the end, it will be up to the judge to decide if your explanation was good enough.
I was under the impression that we are not divorced until the judge says so..

answered on Jun 21, 2023
If the judge already granted the divorce when you were in court then you are divorced as of that day. If the judge did not grant a divorce on the record in court, then you are not divorced until the judgment is signed.
2004 if not what can I do about this matter he has ruined my credit and social security has this a asset on me

answered on Jun 20, 2023
It all depends on what the divorce judgment and/or the agreement you may have entered into says
I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More

answered on Jun 20, 2023
You received the form as you are a creditor and must receive notice. However, child support is exempt from bankruptcy so you will receive the same support.
Or month and a quick claim deed done by 2009 but now he can't refinance
When I was with my ex girlfriend she was sleeping around with another guy and she got pregnant. She told me that the child wasn’t mine and she put the other guys last name. Now after 13 years she wants a dna test. What can I do to avoid going to court.

answered on Jun 13, 2023
Unfortunately, there is nothing you can do to stop your ex from filing papers in court. However, this may be a case for equitable estopple to prevent you from having to pay child support. You need to speak with an attorney about the facts of the case and to represent you if this does go to court.
I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of... View More

answered on Jun 13, 2023
Unfortunately, since there is a support agreement for the other child, any child support paid would be a deduction from his gross income. However, your children would then be entitled to support based upon that new gross less FICA.
My divorce judgement was signed by the judge already, just waiting to receive it myself. There's a good chance I get it before the temporary order of protection hearing, will that affect the hearing at all? Can it turn into a criminal matter seeing as technically we're no longer family?

answered on Jun 9, 2023
The Judgment of Divorce will have no impact at all on the order of protection hearing.
I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

answered on Jun 9, 2023
If the videos and screenshots are authenticated properly, they can be admitted into evidence. Your friend needs to see an attorney if he wants to file for divorce and show that attorney everything. His alternative, is to go to family court for an order of protection. He can also get an order of... View More

answered on Jun 8, 2023
If you are still an owner and no one is living in the house and there are no prohibitions in any court orders or any agreements you may have signed, you can park at the house.
The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More

answered on Jun 6, 2023
The magistrate calculates support on all income reported from all sources as shown on tax returns. If you know of any off the books income you can also testify about that. Unless it can be shown that overtime is no longer available then it is considered as part of income.
He abandoned me over a year and I need closure

answered on May 24, 2023
That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.

answered on Mar 13, 2023
Not only can't the court assign the same lawyer, they cannot assign different lawyers from the same agency or firm.
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