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Is the family court accepting walk ins to petition the court on new matters
answered on Nov 3, 2021
Yes they are. The clerks office is open and the courts are mostly doing in person hearings.
My ex-husband had not paid in about 4 years. He was in another state and working under the table. Unbeknownst to me, he started making payments. No one ever contacted me and I never received any payments from the SCU. What is my recourse??
answered on Nov 1, 2021
You should contact the CSCU. They may not have your current information.
Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page
answered on Oct 29, 2021
Evidence of what? I do not see anything that would be deemed harmful to the child, which should be the only criteria.
She lives there with her two kids and her boyfriend. She stopped paying rent to save up to move out but I would like to get her out before the year is up or my divorce is final
answered on Oct 24, 2021
The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.
He is also mentally abusive to both myself and our son who has a brain tumor.
answered on Oct 22, 2021
Is that agreement in your divorce stipulation? If so you can file a contempt proceeding. If it is not in your divorce stipulation you may not be entitled to anything. Talk to a lawyer.
I picked up phone and continued talking, then officer pulled me over and gave me a ticket. If I bring a doctors note will judge still make me pay fine?
answered on Oct 5, 2021
Yes, you will have to pay a fine but you can see if it can be reduced. A cell phone violation is 5 points on your license.
In this case the closing arguments were submitted in writing more than 14 months ago. This is a Suffolk County custody case. The parents were never married.
answered on Sep 23, 2021
Judges are usually given 60 days to issue a decision, however, sometimes they can be tardy. You do not want to push a judge because that could influence a judge negatively.
answered on Sep 22, 2021
New York State law requires the wearing of a helmet whiole riding a bicycle. You can get a summons for not wearing one.
I probably should have filed when my baby was born but I went through a very long recovery and the courts were closed in NY. I was trying to work out a deal with my ex amicably. Are there any circumstances that would allow NY to award us retroactive child support from birth? My daughter is 8 months... View More 
answered on Sep 14, 2021
No. By law, child support is only retroactive to the date of filing of the petition.
Because of Covid and a long recovery from post partum, I wasn’t able to file until recently. My daughter is now 8 months old and we haven’t received any child support from her dad. He was there for the birth of the baby but did not sign the acknowledgement of paternity or birth certificate.
answered on Sep 14, 2021
You are going to need to file a paternity and support action. Child support can only be retroactive to the date of your petition.
Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... View More
answered on Sep 3, 2021
In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee
answered on Aug 30, 2021
You are bwing charged with dr8ving under the influence of alcohol where your BAC is over the legal limit of .08 as well as driving out of your lane. Different counties prosecute these differently in regards to plea bargaining depending on your actual BAC. That will determine what happens. You need... View More
Date was 8:11/21. Ticket was for entering the hov where u should exit
answered on Aug 13, 2021
Your license would not be suspended yet. You might be able to get the case restored by contacting the Traffic Agency or you may need to do it by motion. Contact an attorney to see what your situation is.
paid expenses For my child. This worked out well for both of us as she never wanted to bother with court. Now my son is 19 and still lives with his mother. I still provide for him financially but I feel he is an adult and should get a job to help cover some expenses. My ex is now threatening to... View More
answered on Aug 13, 2021
In NY child support obligations are till 21. However it is only retroactive to the date of the filing of the petition. Assuming, of course, there was no prior order.
I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... View More
answered on Aug 13, 2021
Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.
I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... View More
answered on Aug 10, 2021
If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.
answered on Aug 9, 2021
Well, it seems you were defaulted and an inquest was taken. You could try to restore the casae with a motion, but it depends on how long ago the case was heard. You could file a new petition to modify but that will only retroactive tyo the date of your new filing. Talk to an attorney.
I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... View More
answered on Jul 26, 2021
New York is a big state. What county is the case in? Where does the mother live?
Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.
answered on Jul 26, 2021
If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... View More
He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.
answered on Jul 23, 2021
If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.
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