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They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... View More
answered on Jan 24, 2023
You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.
A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.
What options are available for divorce?
answered on Jan 19, 2023
It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
answered on Jan 16, 2023
You can use any Attorney you choose as long as you pay gor him/her. However if you are asking gor a court appointed attorney then you get who is on the Judge's list.
My lawyer said it would be a journey but the courts dismissed it is this the same thing
answered on Jan 16, 2023
No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.
answered on Dec 29, 2022
Not automatically. You need to get the court to grant you custody.
How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.
answered on Dec 26, 2022
In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held... View More
I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... View More
answered on Dec 16, 2022
Any action must take place in the state (or territory) where the child has lived forvthe past 6 months.
Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... View More
answered on Dec 13, 2022
Yes. The other party is entitled to see all financial documents.
Living in New York State . The father abused me , was on substances and is in jail for a serious charge . His mother supported his actions/ enabled him . I have not heard from her in years but it is not safe to have my son around her (he’s a toddler ) or his father . What are my rights with this... View More
answered on Dec 4, 2022
While a grandparent has a right to petition the court for visitation, they do not have an automatic right to such. A grandparent who has had little to no contact with the child would have a hard time justifying visitation rights.
answered on Dec 2, 2022
New York does not recognize common law marriage. Spousalsupport can not be granted if the couple is not legally married.
answered on Nov 30, 2022
Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More
answered on Nov 30, 2022
The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
We are married outside of the USA (Canada) without a name change, and I'm a dual citizen of Canada and the USA.
We would now like to marry and join last names in New York State where we both live, are we best off getting a new license and marrying in the clerks office?
Thanks!
answered on Nov 30, 2022
No need to get married again. Your Canadian marriage is fine. If you want to change your name on social security or diver's license you can simply show your marriage license. Or you could file a name change petition in court.
I filed for divorce in march of 2020. We were separated for 5 years already.
answered on Nov 23, 2022
If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.
Can a father in NYS sign away his rights? Leaving only 1 legal parent?
answered on Nov 18, 2022
Short answer, no. A biological father who is not the custodial parent, is responsible for child support regardless of whether he exercises other rights. Only if someone else steps in to adopt the child will the biological father be relieved of his responsibilities.
there was never an order for child support payment from the non Custodial Parent due to her mental health and homeless on public assistance with addiction issues. I was working and did not wish to collect child support knowing the incapable status of the non Custodial Parent.
answered on Nov 16, 2022
If there are arrears, there must have been some order. A custodial parent can waive arrears unless there was public assistance, in which case only the Department of Social Services can do it since the arrears would be owed to them.
No assets
One minor child
answered on Nov 13, 2022
First, there may be documents that are missing or needs correction. Second, Suffolk County clerks office was hacked and that put much of the clerks work well behind.
I'm disable with the pandemic that's going on can't afford to pay
answered on Nov 7, 2022
You need to speak to a lawyer. Unless you are a business, you can not file chapter 11.
answered on Oct 31, 2022
If you are not related by blood there is absolutely no restriction on marriage.
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.
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