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I want the my 2 boys 9&10 to fly on a direct flight from nyc to Houston Texas where I reside . The mother said if the boys wanted to she would be on board . I offered to pay all flight cost and her gas tolls or Am track tickets from Albany to nyc . She now has changed her feelings even... View More
answered on Jul 25, 2022
Is there anything addressing this issue in your custody order? You may need to go to court to modify the order if so. Talk to a NY lawyer.
My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.
answered on Jul 25, 2022
The court will consider it property of the marital estate. Although she transferred it prior to being served, it is still a transfer within a reasonable time of the divorce.
I seen on youtube a lawyer who said the violations of custody order can warrant a change in circumstances as the original order was not followed
Violations such as order says itinerary for trips outside the state must be provided at least 48hrs in advance or more. And the mother on multiple... View More
answered on Jul 22, 2022
It depends on the seriousness of the violation and whether the court will think the custodial parent is no longer fit to be custodian. Not all violations are the same. At most, what you discribe would likely get a slap on the wrist. Finally, be careful listening to lawyers on You tube. Speak to... View More
Tickets: (1144-AA) and (31 over in a 55 MPH zone)
These both equal 10 points (if I am correct)
answered on Jul 21, 2022
If you are being charged with reckless driving the answer is yes. If it is simply the two traffic infractions than probably not. Seek a local traffic attorney who knows the jurisdiction.
I currently pay his tuition and have no problems continuing to do that.
answered on Jul 21, 2022
Unless otherwise agreed to, child support in NY terminates at when the child reaches 21. If there is no child support order you can simply stop payment after the child's 21st birthday.
I'm currently in a custody battle I have joint custody but I have primary placement. My sons father wants to revoke placement and child support
answered on Jul 19, 2022
Probably not, in and of itself. Depens on the distance from your current residence, neighborhood quality and other issues. Talk to an attorney.
She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house
answered on Jul 8, 2022
Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the... View More
We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice
answered on Jun 28, 2022
Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.
We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?
answered on Jun 27, 2022
If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.
My spouse lives full time in our summer house (paid cash, no mortgage) and I rent a 2BR ($4000) in the city. We co-own the summer house. There no court order giving her exclusive occupancy. We have a significant discrepancy in income ie. my income is significantly higher.
I feel it's... View More
answered on Jun 3, 2022
There is no such thing in NY law as "Occupation Rent". Basically she is a co-owner so you can not collect rent from her. You can move in there if you desire since there is no order forbidding it. You can file for divorce but be aware that you will likely pay her significant support... View More
If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.
answered on May 30, 2022
This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.
answered on May 27, 2022
Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.
If the monied spouse files for divorce and the non-monied spouse has 20 days to respond do they have to request payment for their legal fees before they respond? Can a court appointed attorney help get both financial assets and custody of 2 children from 19 years of marriage?
In this case... View More
answered on May 24, 2022
The nonmonied spouse must make a motion for attorney fees. The court can not address that without a request for it. Talk to a lawyer.
I own a collection with items purchased on ebay. My spouse wants to subpoena both ebay and paypal then appraise the collection. it's a long and expensive process.
How successful will my spouse be? What would be the outcome? How many years can they get a report?
answered on May 24, 2022
She has a right to subpoena the records and they will likely comply. This will likely be at her expense. How far back depends. Clearly things that are maritalk property are available for appraisal and equitable distribution in a divorce. Talk to your attorney.
We both lived in nc, but before she left she had child support taken out against me while I was in college and I wasn’t aware. She moved to New York a few months after my son was born 2011. She has been living in New York since 2012….. we both live in New York at the current time. But my... View More
answered on May 19, 2022
A valid child support order is enforceable throughout the country. Unless there is a need for a modification, the order is enforceable.
answered on May 16, 2022
Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer
This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?
answered on May 2, 2022
I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... View More
RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***
My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... View More
answered on Apr 25, 2022
If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.
I check on the child support website he does any he owes me money this never has happened before . Iv also mentioned it to him but no answer
answered on Apr 18, 2022
Contact Child Support Enforcement Bureau. If he hasn't paid a d the order is still in effect you can file a violation petition in Family Court.
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