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My youngest has a fever and she says he can’t leave the house.
answered on Apr 16, 2023
Without a court order your rights are not spelled out. You need to go to court for an order. Soeak to a lawyer.
Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.
answered on Apr 12, 2023
Child Support and mortgage payments are not related unless a court order specifically says so.
answered on Apr 6, 2023
Radar detectors are legal in NY except in commercial vehicles. But may not be effective against laser which is mostly used.
He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... View More 
answered on Mar 28, 2023
"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.
Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... View More
answered on Mar 23, 2023
The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... View More
answered on Mar 21, 2023
Child support is based on a statutory formula up to the threshold. Beyond the threshold the amount is discretionary.
He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?
answered on Mar 21, 2023
You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... View More
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More
was never married.
answered on Mar 1, 2023
It depends. If you are depriving the other parent of parenting time then no, you can not. Relocation should not be done without court approval. If you do and the father files a writ of habeas corpus you will be forced to come back to NY and could even lose custody. See a lawyer before doing... View More
Several calls were made from a child's mother, another family member and mandated reporters concerning the welfare of the child. The judge forbade anymore calls at the court date following the incident.
If another incident (child abuse/neglect - reported from the child) legitimately... View More
answered on Feb 23, 2023
If a judge deems the calls unwarranted and an abuse, the judge can order them to cease.
Has not paid my Morgage or giving a dime . Has a company he has not paid taxes on in 20 years cashed checks with a Ein # not legal what do I do
answered on Feb 20, 2023
You should see a divorce lawyer. Depending on your respective income there can be an award of spousal support.
she's constantly causing issues and has even tried getting me to give up rights and is refusing to let her see her grandparents and I need help with this
answered on Feb 7, 2023
If there is a court order, she can not violate the terms of that order. But you need to review the wording of the order. Speak an attorney to see if you have a case for a violation petition.
My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.
answered on Feb 6, 2023
You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.
My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... View More
answered on Feb 1, 2023
If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.
Is there a way I can force her to give me my share 11 years later.
answered on Feb 1, 2023
There is no statute of limitations, however, failure to excercise your rights could be considered a waiver. It really depenmds on what preovisions you are trying to enforce. Speak to an attorney to interpret your agreement.
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... View More
How can we get this reversed he is 80 and in a rehabilitation center in Mississippi his wife recently passed away while they were in the hospital
answered on Jan 31, 2023
This is not a Family Law question. It is a trust and estate question. Also it may need to be posted in Mississippi rather than New York since that is where your father lives. It may depend on where the POA was executed. Repost in the appropriate area of law and jurisdiction.
Executor of will refuses to show beneficiaries the will but showed to people who are not in will?
answered on Jan 30, 2023
An Executor's job is to execute the wishes of the testator and carry out the trms of the will. He/she has no other powers.
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
He also stopped me using 2-Radar. How can I get this down or reduced, etc.
Thank you to any advice or help!
•Any advice when I show up in court?
•No previous tickets, etc.
answered on Jan 27, 2023
If this is your first speeding ticket (or the first in over 18 months) your ticket should be able to be reduced. You need to put in a not guilty pleas ASAP (keep a copy of the ticket before you mail it in), or go to an experienced traffic lawyer who can handle everything for you and you would not... View More
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