My ex verbally released me from a section of the divorce decree stating that I was to pay half of all utilities and mortgage after a year. Would she be able to reinforce this? The time frame in the decree is when the home is sold, which it has not
My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he... Read more »
before he moved he was providing regular payment bi-weekly (non court ordered). He then quit his job and his wife kept hers. He claims he thought he could find a job easily in his new town but it has been almost 6 months. He only picks up my son every other week from saturday-sunday afternoon and... Read more »
You need to file a petition for child support in Family Court. The court will impute an income to him - meaning that he will be determined to be capable of earning a certain amount of money and the child support award will be based on that imputed income. His wife's income is considered as...Read more »
If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic...Read more »
in February 2019 I used an agent to file an uncontested divorce in Manhattan, NY. I checked with the clerk a couple of times, they say it's pending and nothing to do. I checked my case on the "webcivil supreme - case detail" again, noticed both "RJI Filed" and "Justice" leaves blank. I'm not sure... Read more »
The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.
He makes $120,000 a year and she shows no income but has investments that pays all her bills and home ownership. He is currently paying $3000 a month for his three sons, which is above the legal amount already and now we are the custodial parents to the youngest. Looking to find out how much less... Read more »
Child support for 2 children is 25% of gross - less FICA taxes (you only deduct FICA taxes from the gross). You need to file a petition for child support and modification of child support. If her investments give her an income, or if she draws on the principal, the court should consider that...Read more »
Your wife's testimony that the marriage was irretrievably broken for at least 6 months prior to her signing the complaint is sufficient to establish that ground for divorce. It does not matter if you deny it, her attesting or testifying to that is sufficient.
She is only with him for a week he wants to stop paying me but for 10 years i had 4 kids with me with no break and now one week i feel this should still be paid until she is 21 she still comes to eat and do things at my house
No, a week at her dad's does NOT mean that he is the residential custodian. If she is still eating at your house and has her things at your house, then you have a very good argument that she is merely visiting with her father. The courts will normally consider a change of residential custody...Read more »
I recently moved out of state. my twins paternal grandmother of my 8 year olds who has no visitation or anything. She just got out prison after doing 5 years & is on parole & doesn’t really know my daughters. She wants custody/visitation & has never been involved in my kids life. Only one month... Read more »
You should have received a notice with the petition that you can appear by phone. Follow the instructions for that, or if you did not receive the notice, then call the court and ask for the instructions.
The judgment does NOT include language that you can prepay at any time without any penalties. I have been paying for 5 years. If I continue to pay the $5,000 per month, not only will it take 40 more years to complete, but my ex wife will have received a few million dollars over the initial amount... Read more »
Your Stipulation of Settlement, or Decision and Order (if you had a trial on this issue) should include language that you can prepay at any time without any penalties. Even if they do not, contain this language, you can tender payment in full. If your ex wife refuses to accept the pre payment,...Read more »
My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »
You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.
I am having a hard time collecting my portion of his pension and 401 k. He has made offers but will not offer any paper work. I have contacted NYS Retirement Fund who state they can not help me, wrote an e-mail to the marriage division of retirement but received no response. What can I do next? My... Read more »
Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.
The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.
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