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.
We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?
answered on Apr 16, 2024
You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.
I am my brother’s only living heir.
answered on Apr 2, 2024
If your brother left no will, you need to be appointed Administrator of his estate. You need to file for letters of Administration with the court.
I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?
answered on Mar 5, 2024
A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.
when there is conflicts and threats can I hold on to the visitation right until resolved by court.
answered on Feb 16, 2024
If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.
answered on Feb 12, 2024
Yes. Child support is independent of SSI. A non-custodial parent's obligation of support is statutory.
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 11, 2024
The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.
I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.
answered on Feb 3, 2024
You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.
My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.
Is he... View More
answered on Jan 27, 2024
If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.
My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More
answered on Jan 15, 2024
Without a court order or judgment of divorce an agreement is not self enforceing. You might need to go to court with an ancillary action. You should speak to a lawyer.
Has not allowed me access for three weeks she filed a form for modification of visitation -
answered on Jan 8, 2024
You should file a cross petition for violation. Speak to a lawyer.
I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter. I have full custody.... View More
answered on Dec 30, 2023
You need to show why it is the best interest of the child to relocate, not why it is more convenient for you. You should be prepared to show what would benefit your child (schools, safety, etc).
We have a separation agreement that contains child support agreement . It’s only noterized and he won’t pay it tho he signed it . Can I just ignore the agreement and take him to child support court so the child support comes out of his checks ?
answered on Dec 25, 2023
Yes. You can certainly take him to court for child support. The agreement you made can be used as evidence of intent. See an attorney.
We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More
answered on Dec 24, 2023
I will not judge you, but I will judge him. He shot at an occupied house endangering people's lives. He should be no where near you or anyone else for a very long time. The matter is between the State and him. You are a witness but you dropping the OP would have no effect.
I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.
answered on Dec 24, 2023
No. You need to start an action and serve your spouse. Speak to a lawyer.
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
answered on Dec 24, 2023
An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.
I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?
answered on Dec 16, 2023
You can not "ask a question" of the Support Magistrate. They are not your lawyer and can not give legal advice or answer questions. An order to show cause is a motion to the court. You need to find a lawyer to answer your questions.
I thought the separation agreement was already filed with the court, but apparently not. Now I’m being served a divorce summons?
answered on Dec 14, 2023
Separation Agreements do not have to be filed with a court until it is used for the divorce. Agreements are valid in and of themselves. They are used to be the basis of a divorce. Talk to an attorney.
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