I picked up phone and continued talking, then officer pulled me over and gave me a ticket. If I bring a doctors note will judge still make me pay fine?
Yes, you will have to pay a fine but you can see if it can be reduced. A cell phone violation is 5 points on your license.
In this case the closing arguments were submitted in writing more than 14 months ago. This is a Suffolk County custody case. The parents were never married.
Judges are usually given 60 days to issue a decision, however, sometimes they can be tardy. You do not want to push a judge because that could influence a judge negatively.
New York State law requires the wearing of a helmet whiole riding a bicycle. You can get a summons for not wearing one.
I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... Read more »
No. By law, child support is only retroactive to the date of filing of the petition.
Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.
You are going to need to file a paternity and support action. Child support can only be retroactive to the date of your petition.
Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »
In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee
You are bwing charged with dr8ving under the influence of alcohol where your BAC is over the legal limit of .08 as well as driving out of your lane. Different counties prosecute these differently in regards to plea bargaining depending on your actual BAC. That will determine what happens. You need... Read more »
Date was 8:11/21. Ticket was for entering the hov where u should exit
Your license would not be suspended yet. You might be able to get the case restored by contacting the Traffic Agency or you may need to do it by motion. Contact an attorney to see what your situation is.
paid expenses For my child. This worked out well for both of us as she never wanted to bother with court. Now my son is 19 and still lives with his mother. I still provide for him financially but I feel he is an adult and should get a job to help cover some expenses. My ex is now threatening to... Read more »
In NY child support obligations are till 21. However it is only retroactive to the date of the filing of the petition. Assuming, of course, there was no prior order.
I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... Read more »
Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.
I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... Read more »
If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.
Well, it seems you were defaulted and an inquest was taken. You could try to restore the casae with a motion, but it depends on how long ago the case was heard. You could file a new petition to modify but that will only retroactive tyo the date of your new filing. Talk to an attorney.
I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... Read more »
New York is a big state. What county is the case in? Where does the mother live?
Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.
If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »
He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.
If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.
This is the second ticket since May. I will plead guilty because I don’t want to go to court. I just wanna make sure when I do that I don’t have to show up for my court appearance.
If you send in your ticket with a guilty plea you do not need to go to court.
Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.
She wants to move to our family farm in Hawaii from New York state. She gets no financial support from her ex-husband but could support herself here in Hawaii. Do you have any suggestions
She needs to file a relocation petition in New York and justify moving will benefit the child. She should talk to a lawyer.
I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... Read more »
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
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