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We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... View More 
answered on Feb 18, 2022
Any couple can have a separation agreement. You dio not need proof, but for it to be legal it must be prepared correctly and executed correctly. You can also file for divorce as well without a separation agreement but with a Stipulation. As for taxes, while I am not a tax lawyer or an accountant,... View More
My son is 32 he was arrested yesterday because his ex filed a report and pressed charges due to him touching her twice And kissing her once without consent at a play center for kids during his visitation time with their son. She is 26. I believe there is surveillance at the play center they were... View More
answered on Feb 16, 2022
It depends on his history and what he is charged with. I have represented several clients on first offense forceable touching cases and got probation, no jail time. He needs to get an experienced attorney.
Parents lived in PR for 25 yrs, my daughter and I visited a few times/year. 5 kids left house, Im only one that wants to keep it, because I was only one with a relationhip with parents. sister told me yesterday, atty quit, she's paying taxes which isnt true, and a friends daughter in house... View More
answered on Feb 9, 2022
You do not say whether your parents are alive or not. Either way, the property is in Puerto Rico so you need to speak with a lawyer there.
I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... View More
answered on Feb 9, 2022
Not legally. You have no legal relationship to the child. You can apply to become the guardian of the child. You can adopt the child. But anything you do will need to be by court order. You need to retain an attorney.
I got a plea bargain letter that could convert the speeding ticket to VTL 1110A Disobeyed Traffic Control Device w/$150 fine. But I may still get 3 points.
answered on Feb 9, 2022
As stated by counsels, a 1110a is a 2 point violation and a 1180 less than 10mph over is a 3 point violation. If you hire an experienced local traffic attorney he/she might be able to negotiate a better deal (no point violation). Obviously you would have to pay for the attorney. If you go to... View More
Would I be excluded from equable share of property if I move out of our marital home if I consider divorce?
answered on Feb 3, 2022
You would be entitled to equitable distribution regardless of where you live. Equitable does not necessarily mean equal however and credits for paying the principle of the mortgage might be considered. Talk to a lawyer.
Also I’m in the process of moving out would this be considered abandonment and could exclude me from getting my share of our home or other properties?
answered on Feb 2, 2022
Anything purchased during the marriage is marital. Doesn't matter whose name is on the title or who lives there.
I am being denied SS and other things based upon the last court order of approx. 25 years ago. I need to know the statute name/number and what that actual Statute of Limitations is for collection enforcement for the State of New York.
I also wish to pursue a Federal Court ruling on the... View More
answered on Jan 30, 2022
There is NO statute of limitations on the collection of arrears of child support. The collection of any arrears can be enforced forever.
answered on Jan 27, 2022
An RJI is necessary for all legal actions. The agreement you signed is not the divorce judgment. You need to submit the appropriate legal papers, including the RJI. Contact an attorney.
answered on Jan 25, 2022
Parents are obligated to support their children. Usually the non-custodial parent is ordered to pay child support to the custodial parent based on income.
My ex sent me a judgement of divorce last month by mail to PO Box, since he wasn’t allowed my physical address, signed by the Supreme Court judge that was assigned the case along with a letter stating the divorce was finalized. Well last week I received another judgement of divorce from my ex but... View More
answered on Jan 17, 2022
The court requires the recipient of a signed judgment to notify the other side that it was entered. That is the notice of entry. A notice of settlement is supposed to be sent when the proposed judgment is filed to be signed.
I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... View More
answered on Dec 29, 2021
You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.
If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... View More
answered on Dec 20, 2021
If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.
Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop
answered on Dec 15, 2021
If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.
I was given a ticket for VTL-1111D1 by an officer claiming I passed a red light. he was sitting at the corner of the intersection which already has a traffic camera. I entered the intersection when it was still yellow light but the intersection was wide (4 lines) so by the time I passes it... View More
answered on Dec 10, 2021
Whether you have a case is, unfortunately, not the real issue. This is an administrative tribunal. The judge is an employee of the agency and is pressured to find people guilty. Your proof would have to be so overwhelming that the judge would be willing to jeopardize his job to find you not... View More
I was married 6 weeks ago + the union dissolved quickly. We don't + never have lived together, I've only seen him 4x and it wasn't consummated. I consulted an attorney about a possible annulment + told it's complicated and potentially expensive to build a case, especially if he... View More
answered on Nov 16, 2021
The "no-fault" divorce statute requires a marraige to have been irretrevably broken for 6 months or more so you can not use those grounds prior to 6 months. It is irrelevant whether you live together or not. You should always have a stipulation of settlement to spell out the details of... View More
Next year, we both plan on moving and would like to get this done immediately. She does not contest to me having full custody with the residential. How do I go about doing this?
answered on Nov 9, 2021
It depends on how your mother got custody. If it was in a custody case in Family Court then you need to file a Petition to Modify Custody. If it was after a Permanancy Hearing, there may have been conditions placed. Call a Family Law Attorney to speak to your specific situation.
There is no court order holiday schedule. But order states Parenting Time with child from 3pm to 7pm for 1 month on Wed and Thurs.father will have parenting time picking up the child at 3:00 pm on Wed, returning to school Thurs am, picking up from school Thurs 3pm and returning to school on Friday... View More
answered on Nov 8, 2021
If there is no provision for holiday visitation and no court order, then the regular schedule remains even during holidays.
My stepdad quitclaimed deeded home to my mom now he wants an elective share of 1/3. Of the home.as spousal rights after death is he legally entitled
answered on Nov 8, 2021
A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.
My disbursement amounts changes. Only received $200 for 3 kids but my disbursement amounts be way more than $200. Where does the rest of the money go?
answered on Nov 6, 2021
You are entitled to whatever is in your court order. The amount you receive could be because, by law, the CSCU can only take up to 65% of disposable income. If the payor received less income, you might have received less disbursement, but the remainder is still owed to you and becomes arrears.
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