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.
I live in new york and i have been married for 5 years . our daughter is 4 years old also my husband has 3 children from ex marriage. I cant live with my husband any longer due to his anger problems towards me. he is very verbally abusive and he grabs my child way from me many times. I have so much... Read more »
There are no guarantees. If you are the better parent, and based on what you are saying, you would be the custodial parent. The fact that your spouse has other children is only a small factor. The courts rately, thought not never, split full siblings, but are less restrictive with half siblings....Read more »
I am single parent on government assistance and in school. The non custodial parents has more than $5000 worth of support. I was told as long as I am on public assistance I will not receive child support. He has not worked at all and there is another child he has as well. I live in NYC how will... Read more »
Cps came to the shelter and removed my son from my care they at first would not say why and i asked them if it was do to aligations being made also I came back yesterday to the shelter after leaving for a ride and found new court potions that were left in my room
If CPS determinbes that there is a situation that endangers the health or welfare of a child they may take immediate action and remove the child. They schedule a court case afterwards. You should speak to an attorney.
The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.
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