My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... Read more »
answered on May 24, 2023
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... Read more »
Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... Read more »
answered on Mar 23, 2023
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... Read more »
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... Read more »
answered on Mar 19, 2023
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... Read more »
was never married.
answered on Mar 1, 2023
It depends. If you are depriving the other parent of parenting time then no, you can not. Relocation should not be done without court approval. If you do and the father files a writ of habeas corpus you will be forced to come back to NY and could even lose custody. See a lawyer before doing... Read more »
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
He also stopped me using 2-Radar. How can I get this down or reduced, etc.
Thank you to any advice or help!
•Any advice when I show up in court?
•No previous tickets, etc.
answered on Jan 27, 2023
If this is your first speeding ticket (or the first in over 18 months) your ticket should be able to be reduced. You need to put in a not guilty pleas ASAP (keep a copy of the ticket before you mail it in), or go to an experienced traffic lawyer who can handle everything for you and you would not... Read more »
My lawyer said it would be a journey but the courts dismissed it is this the same thing
answered on Jan 16, 2023
No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.
How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.
answered on Dec 26, 2022
In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held... Read more »
Living in New York State . The father abused me , was on substances and is in jail for a serious charge . His mother supported his actions/ enabled him . I have not heard from her in years but it is not safe to have my son around her (he’s a toddler ) or his father . What are my rights with this... Read more »
answered on Dec 4, 2022
While a grandparent has a right to petition the court for visitation, they do not have an automatic right to such. A grandparent who has had little to no contact with the child would have a hard time justifying visitation rights.
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... Read more »
answered on Nov 30, 2022
The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
We are married outside of the USA (Canada) without a name change, and I'm a dual citizen of Canada and the USA.
We would now like to marry and join last names in New York State where we both live, are we best off getting a new license and marrying in the clerks office?
answered on Nov 30, 2022
No need to get married again. Your Canadian marriage is fine. If you want to change your name on social security or diver's license you can simply show your marriage license. Or you could file a name change petition in court.
Can a father in NYS sign away his rights? Leaving only 1 legal parent?
answered on Nov 18, 2022
Short answer, no. A biological father who is not the custodial parent, is responsible for child support regardless of whether he exercises other rights. Only if someone else steps in to adopt the child will the biological father be relieved of his responsibilities.
there was never an order for child support payment from the non Custodial Parent due to her mental health and homeless on public assistance with addiction issues. I was working and did not wish to collect child support knowing the incapable status of the non Custodial Parent.
answered on Nov 16, 2022
If there are arrears, there must have been some order. A custodial parent can waive arrears unless there was public assistance, in which case only the Department of Social Services can do it since the arrears would be owed to them.
My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?
answered on Oct 23, 2022
It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.
My car lights got turned off during turn signal and the intersection was so brightly lit that I was unaware of my car lights situation. I would have identified it as I was entering the dark area but the cop stopped me right at that point and called me out of the car to see that lights are off.... Read more »
answered on Oct 17, 2022
You need to answer the ticket by mailing it to the court and pleading not guilty (there is a space on the ticket to do so along with a deadline). Keep a copy before you mail it. A court date will be given to you to plead your case to a Judge. You can higher counsel to do this for you as well.
As brief of a summary possible: got pulled over in May for crossing a solid white line to get into a left turn lane, the cop wrote the ticket wrong and said I turned from the center lane so I plead not guilty and had my hearing this morning.
When I got there the clerk (? Could have been an... Read more »
answered on Oct 14, 2022
Yes it is a thing. The traffic agency wants the money. They don't really care about the points if it is a first offense. This is a frequent offer and should almost always be taken.
I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.
Their mother... Read more »
answered on Sep 11, 2022
You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.
I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.
answered on Sep 3, 2022
If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.
My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.
answered on Sep 2, 2022
Technically the mother is still the custodial parent. If he lives with her on breaks and the summer she remains such. You would have to prove he is totally self sufficient to modify support. That would mean he is fully employed or earning enough to be considered emancipated. Speak to a family... Read more »
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