There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.

How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.

There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.

You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.

Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.

Yes. VTL 1144A is a 3 point violation. Points can raise your insurance, cause DMV assessments and, with enough, suspend your license. 1202(b)(2) is a parking ticket. This carries no points. The fine might be higher but, in the long run, not having points is a better deal.

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.

I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that... View More

I am not sure why you were asked to take the course and got a fine if you pled not guilty. Regardless, the reduction is from a 4 point violation to a 0 point violation. No points is good. 4 points could result in a higher insurance rate, a DMV assessment and, if you accumulate 11 points, a... View More

You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the... View More

Unless this speeding ticket aggregates more than 11 points on your license you need to send in a plea of eiother guilty or not guilty. If you plead guilty they court or agency (depends on the county or town) will send a bill for the fine. If you plead not guilty you will get a court date to... View More

Since they are not married there is no need for a legal separation or divorce. However, the house is not marital. Whoever owns the house keeps it. If only the gf's name is on the deed, it is hers. As for custody and support, those canbe dealt with in family court. Whoever is the residential... View More

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More

The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... View More

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More