Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... Read more »
There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial...Read more »
As long as both parties are aware of their obligations and rsponsibilities under the law, it is acceptable, but a good idea? Likely not. There are many issues that can be complicated from custody and visitation, to support, to distribution of assets, to retirement accounts, etc. And it is...Read more »
You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,...Read more »
If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... Read more »
While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can...Read more »
Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... Read more »
Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.
My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... Read more »
Regular child support payments terminate upon the death of either the payor or payee. Judgments may be collectable against the estate of the Judgment debtor's estate but a claim has to be filed. Typically the parties are required by the Judgment of Divorce to carry life insurance to cover...Read more »
I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him... Read more »
If you feel physically intimidated or threatened you should leave. You can file for custody in the Family Court. I know you said you can not afford an attorney but you really should try to get one. Contact the county Bar Association to see if they have any pro bono attorneys.
I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... Read more »
A court order can only be modified by another court order. While your "agreement" may be evidence for you to seek a new court order, until you get one, your current order is applicable. You need to get an attorney to review your situation.
If you agree to change the stip, it would be an agreement, but it does not change the court order. For it to be totally binding you need to get the stip "so-ordered" by a Judge. Contact a local attorney.
My husband filed divorce papers for through the NYC DIY service. I was served the paperwork and the place, date and time of marriage is incorrect. We legally married in a court house in NY but he stated that we were married at a beach how will the affect our divorce. If I sign the papers will we... Read more »
This is why people hire lawyers. These things can complicated. The courts will not know trhere are errors unless someone, such as yourself or your husband, tells them. They will proceed with the divorce, as is, if you do not object. If you want to change the terms you should hire an attorney to...Read more »
While obviously I do not know all of the facts, it is likekly you will be awarded custody. It would be highly unusual for a homeless person with child endangerment charges to win custody, however, there may be sonme type of visitation awarded. See an attorney. This is based on New York law.
OPen Container law is a violation. Depending on the court or agency, you may be able to plea bargain and depending upon the circumstances it is likely a relatively small fine. Talk to a local attorney to get more specific answers.
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