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.
answered on Mar 13, 2023
The court cannot assign one lawyer to everyone. Additionally, the court cannot assign more than 1 lawyer from any agency or law firm.
I have judgement of divorce which company isnt excepting so i can collect my pension as single
answered on Mar 7, 2023
What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.
He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?
answered on Mar 7, 2023
you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.
My wife and I are going through a custody battle and have had no issues during our exchanges although once in a while she will claim that I bother her during some of the exchanges. I don't do that but shes asking for a five year order of protection I believe to use to intimidate me or control... View More
answered on Mar 6, 2023
Unless there is a violation petition that has been filed, the case cannot be reopened because she now wants a 5 year order. In addition, certain requirements have to be met for a 5 year order to be granted.
My wife wants to reopen our family offense petitions so that she can ask for a five year order of protection. My wife has been very dishonest I fear she will try and use this as a tool against me in the future.
the judge doesn't believe based on the evidence up to this point she can... View More
answered on Mar 6, 2023
Your wife would need very specific reasons to reopen a closed matter. Based upon what you are saying you should refuse to agree to reopen the matter and you cannot be forced to do so.
My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... View More
answered on Feb 2, 2023
If there is nothing in the order that prohibits you from being there then it is not a problem. However, no one should be hovering near your ex or there could be a complaint that this is interfering with the visitation.
Is there a way I can force her to give me my share 11 years later.
answered on Feb 1, 2023
Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.
I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... View More
answered on Jan 23, 2023
You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
answered on Jan 16, 2023
The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.
I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... View More
answered on Jan 16, 2023
Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.
answered on Dec 27, 2022
Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.
Can a father in NYS sign away his rights? Leaving only 1 legal parent?
answered on Nov 19, 2022
A parent's rights can only be lost if the child is adopted or if the is a neglect proceeding where the court terminates the rights.
My ex filed a petition to reduce his support that he doesn't pay anyway. I am a domestic violence Survivor and have a protection order from him. I went through a domestic violence organization to be relocated. Family Court listed my address on a letter sent to us both. I am extremely low... View More
answered on Nov 10, 2022
Check with the local bar association for programs that will provide attorneys at low or no cost to you. Also check with the domestic violence program to see if they can help.
Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.
answered on Nov 9, 2022
Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.
answered on Nov 8, 2022
The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.
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.