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answered on Jun 7, 2023
There is nothing illegal for offering a cash settlement for signing a separation agreement.
answered on Jun 7, 2023
She can offer you money or anything else but you do not have to sign. Speak to an attorney to see if it is in your best interest to sign.
The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More 
answered on Jun 6, 2023
If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.
I am not a lawyer. the Pastor of my church died and her children are fighting over owner ship of the deed. One of the 2 factions has asked me if I could simply articulate the facts to the Judge (NOT advocate for one side over the other). They believe I can inform the judge of the facts more clearly... View More
answered on Jun 4, 2023
First, this does not appear to be a Family Law matter. Second, if you are a witness to certain facts you can testify as to what you are witness to. But you can not, as a non-lawyer, simply testify about something you are not directly a witness to.
And drinking. Do I have to keep paying support even though he has a kid of his own?
answered on Jun 3, 2023
If your child is living away from the recipient of the support or os self supporting or being supported by someone other than the custodial parent you can file to declare the child emancipated. You should speak to an attorney.
I currently have joint custody. Child resides with me. We are modifying our order to 50/50 residential custody. Child lives with both alternate weeks. Will I still be entitled to Child support? He us the higher earning parent.
answered on Jun 2, 2023
In a shared custody arrangement, the higher earning parent pay child support. You should speak to your attorney who is handling the custody modification.
my dad hasnt been in my life for years he just recently came back. i dont feel safe at home with my moms new boyrfriend
answered on May 30, 2023
"Illegal"? It would not be criminal but your mother has legal custody. Your father would have to file a petition to modify the custody order. At your age the court would consider your opinion, but it is not dispotitive. There are several factors the court would consider. Your father... View More
answered on May 30, 2023
You do not have to vacate the marital residence absent a court order. You have as much legal right as your spouse. However if she claims it is unsafe for her to live with you she could attempt to obtain a court order. Speak to an attorney.
I'm going through a custody case in white plains new York and I'm wondering what's the judges view on the the matter now that it's legal?
answered on May 25, 2023
I have found that most Family Court Judges view it just like alcohol, which is also legal but mind altering. Abusing marijuana or use in front of children would be frowned upon. Driving under the influence, just like alcohol, would be detrimental to a custody case as that is illegal.
He abandoned me over a year and I need closure
answered on May 24, 2023
An attorney can do a public records search to try to find him. If that does not work, an attorney can file a motion for alternative service (serving at his last known address or by newspaper. This requires a court order, however. Contact an attorney.
Income used to calculate a unjust obligated amount I'm being charged 300$ a month when my income level is below the self support reserve
answered on May 12, 2023
If the support magistrate applied the law incorrectly then an objection can be filed which sends the order to a judge. Rarely do they review factual issues. After that an appeal to an appellate court can be filed. There is a limited time to file an objection. Contact a lawyer.
Privileges back. So what happens with the charges
answered on May 11, 2023
The two issues are separate. A refusal hearing is a civil matter. The DWI charge is a criminal matter. These are heard in separate forums are are completely separate from each other. You still need to defend yourself in the criminal case.
answered on May 11, 2023
Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.
The father is non-custodial parent who moved to Tennessee . Father threatens mother with going back to court if he doesn't get his way .15 yr old has school obligations here and doesn't always want to miss out on his sports activities . Due to emotional abuse in the past , dad bullies... View More
answered on May 9, 2023
If the visitation does not interfere with the child's education and activities the court order is still in effect. However, if the father's move is now interfering with the child's education and activities then the visitation should be modified to accomodate the child's activities. See an attorney.
She has residential custody but they share responsibility for every other aspect pertaining to his kids..before eastet their oldest daughter who is 11 came and told us how the mother whipped her with a belt and left a mark and the mother basically bragged about it later that night to both of... View More
answered on May 7, 2023
He has to file a petition to modify custody. Contact a family law attorney.
Its in the divorce agreement and its been almost 3 years since the divorce has been finalized.
answered on Apr 24, 2023
Absolutely nothing. A spouse MAY resume their prior name but there is no requirement they do so.
The custodial parent refuses to allow family therapy and has been very uncooperative . Visitations with my 11 yr old child have been very challenging ending in constant arguments and shortened to avoid further distress to my child and myself. Counseling would be beneficial to strengthen our... View More
answered on Apr 21, 2023
You can certainly ask for it. The court must do what is in the best interest of the chilod and if fgamily counselling is best for the child then it can order that. You should speak to an attorney.
My daughters father was appointed a public defender that works very closely to the referee assigned on our case. My daughters law guardian and my attorney as well as ACS believe our child should stay with me. However, the referee blatantly disregards the ACS report and will not grant our request to... View More
answered on Apr 20, 2023
Just because the Referee and the court appointed counsel for the father know each other does not mean there is any conflict. Since court appointed counsel appear frequently of course they are familiar. You have an attorney so you need to address your concerns to your attorney.
we lived in the same house but stay on two different floors. I pay my own rent can she file this and made a false allegation?
answered on Apr 19, 2023
A person can file for a restraining order (Order of Protection), but she still has to prove her allegations. The fact that you live in the same house does not stop her from filing. Also you should know there are 2 types of Orders of Protection, a "refrain from" and a "stay... View More
He has been withholding payments for a couple of years. My children get financial aid for college because I don’t have an income, but I am responsible for room and board, he found my eldest a one bed apartment because he knew I was solely responsible for board and food. I was forced to move back... View More
answered on Apr 18, 2023
Much depends on the wording of your divorce. Spousal support ends on a date certain as spelled out in the divorce. Child support ends at 21 or upon emancipation. If he is in violation then a court case in Family Court should not cost the numbers you are being quoted. What county is this in?... View More
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