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answered on Sep 6, 2023
First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.
answered on Sep 6, 2023
Did you resolve the ticket in 2022? If not, then you have a default. That is what likely caused your suspension. Resolve the ticket and you can get the suspension lifted.
I have only unsecured debt. My disposable income is around $80, would my plan be accepted? I’m under the median income. Had a ch7 discharged less than 8 years ago. Being sued by creditors. I don’t have any non exempt assets.
answered on Aug 28, 2023
There is no minimum payment as long as it is not zero. The payment would likely be the amount available according to the means test but also your non exempt assets are a factor. Speak to an attorney to determine the specifics.
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More 
answered on Aug 22, 2023
How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.
She lives in Dominican Republic and acquired us citizenship through me. I reside NYC. She lives with her mother. She has tried to kill me and has hurt me in various places. Such as stabs, broken nose, broken lip with stitches and broken head with a bottle. She says she doesnt care if she kills me.... View More
answered on Aug 20, 2023
Not sure what you mean by abroad. Does the child live with the mother in another country? What is the New York connection?
My spouse is the money earner. During the marriage I paid the bills. He gives me a hard time giving enough money. And complains about how I pay things. I told him he can take over paying the bills. He doesn’t want to and threatened to charge me with financial abandonment.
answered on Aug 18, 2023
There is no "financial abandonment" in NY. In a divorce, the monied spouse may be required to pay spousal maintenance (and, in appropriate, child support). This is based on your respective incomes. Speak to an attorney.
My chapter 7 filed and discharged 5 years ago. My income is under the median income for my state. I have no non exempt assets and only have unsecured non priority debt. I have very little disposable income. Is chapter 13 an option? Would I be able to propose to pay 0.00 to unsecured claims?
answered on Aug 17, 2023
You can not file a Chapter 7 within 8 years of your previous Ch. 7. A Ch. 13 requires you to have a payment plan (and can not be 0). It has to be feasable based on your disposable income. Consult an attorney.
My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More
answered on Aug 16, 2023
Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.
1202(b)(2) parked within 15 ft of fire hydrant adn hindered access of emergency vehicle
Thank you!
answered on Aug 15, 2023
Yes. VTL 1144A is a 3 point violation. Points can raise your insurance, cause DMV assessments and, with enough, suspend your license. 1202(b)(2) is a parking ticket. This carries no points. The fine might be higher but, in the long run, not having points is a better deal.
answered on Aug 15, 2023
If the child is under 18 anf you have had some contact with the child, it is unlikely the court would grant this without your permission. Speak to a lawyer to get all of the facts.
Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.
Throughout our... View More
answered on Aug 15, 2023
Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More
My ex-wife received her two year green-card 9/2022, and we have not received the divorce decree yet. Once we receive it, I'm sure she will want to apply for her 10 year green-card, so she will have to attempt to have the conditions dropped and apply for a divorce waiver, correct? At such a... View More
answered on Aug 10, 2023
This is not a Family Law question. This is an immigration law question and you need to post to that forum.
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
It is likely referring to a court order of separation, not simply an agreement.
answered on Aug 8, 2023
Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.
I was stopped last year by officers on my way to work for malfunctioning headlights, and I attempted to fix the issue by purchasing a new bulb, which I was about to install when I realized that the existing bulb simply needed proper screwing. As soon as I secured the existing bulb, it lit up.... View More
answered on Aug 7, 2023
If this was only an equipment violation, your license will not likely be suspended. Also you will lose any appeal. Pay the ticket an move on.
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More
answered on Aug 4, 2023
I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that... View More
Created a custody plan in 2022 as a compromise instead of continuing to seek full custody. Now my ex is saying he doesn't care to follow it at all, and even if I filed for contempt of court, he says "what are they going to do, put me in jail for skipping out on seeing my kid?" He... View More
answered on Aug 4, 2023
You can not force someone to see their child. You can go to court and have his visitation reduced or even terminated. See a lawyer.
I got a speeding ticket (15 miles/h above speed limit) and I plead not guilty. Subsequently, I received a letter requesting me to complete an online course, which I successfully completed. Now, I have received a Plea Reduction letter, which allows me to enter a guilty plea to the following charge:... View More
answered on Aug 1, 2023
I am not sure why you were asked to take the course and got a fine if you pled not guilty. Regardless, the reduction is from a 4 point violation to a 0 point violation. No points is good. 4 points could result in a higher insurance rate, a DMV assessment and, if you accumulate 11 points, a... View More
We have been reaching out to our child's attorney for months now with concerns and they have not returned a single call or email. Is it possible to request a new law guardian for the child?
answered on Aug 1, 2023
The Attorney For The Child (AFC) represents the child's best interests, notvthe parents. The likelihood that the AFC would be removed is almost none. Unless the AFC has shown gross malfeasance, they will not be removed. Talk to you lawyer.
I bought a new phone for my daughter because her mother has taken hers for over a week now restricting my communication with her. In addition she has blocked my fiance on her phone claiming the child should not be speaking to her since she is not her mother. If we provide and pay for a new phone so... View More
answered on Jul 31, 2023
You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the... View More
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