Child support is meant to cover shelter, food and clothing for the child. Certainly a non-custodial parent should have clothing for the child during his/her parenting time, but usually clothing is the responsibility of the custodial parent.
While it sounds unfair, the law requires drivers to know that the vehicle they are driving is properly registered and insured. You can argue that it was not your vehicle, but you may be held responsible for driving an unregistered and uninsured vehicle.
Your first step should be to locate a local lawyer. Handling a divorce is complicated. If this will be uncontested, meaning you and your spouse are in agreement, then an agreement would be drafted and signed by the parties. If it is contested then court appearances may be necessary.
Is it possible in NYS for my son's mother to petition me again even though a deal was made privately and I received a signed letter from the magistrate stating the case was dismissed for failure to appear. I have text messages about the deal we had made along with a receipt for a bank check... Read more »
A private out of court agreement, unless signed by the court, is not valid to modify a coutr order, and is not itself a court order. However, it can be evidence to show the court. As such, your ex can still petition you to go to court. Also, if there was any public assistance involved and the...Read more »
I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.
The Statute of Limitations in NY for a debt is 6 years from the last use of that credit or last payment. The SOL is an affirmative defense meaning you would have to plead it to use it in a suit. If the creditor sues you then you would have to answer it with the Aff. Defense of SOL. As for the...Read more »
You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.
You can petition for spousal support in Family Court without a divorce but they have no jurisdiction over the bank account or anything else. You can file for divorce yourself, but then you need to do a motion for immediate relief (pendente lite). Contact an attorney.
Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several...Read more »
First a bankruptcy petition is complicated. There are 2 types of personal bankruptcies, Chapter 7 and Chapter 13. In a petition, there is a form to exempt assets. Also there is a form called a statement of intention, which allows the debtor to decide what their intention is with secured property,...Read more »
My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »
The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be...Read more »
File a petition in Family Court to modify child support. If the child is over 18 and lives on his/her own and is self supporting, the child is considered emancipated. However this is reversable if the child is no longer self supporting and is under 21.
The custodial parent will not agree to a change in payments because obviously she wants more money. And the court won't modify it so that I can afford to pay? I am $18k behind in arrears you would think they would modify it so I can pay?
I assume this is a New York case even though you live in VA. The court will not modify if you lose your job or change jobs voluntarily. You need to prove your loss of income was no fault of your own. You should speak to a lawyer.
You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.
I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »
If there is a court order of custody and visitation, she can not withhold visitation without a court order. Just as she demands this of you, you can demand it of her, but it is not enforceable without court order.
Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.
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