I had a child support modification hearing yesterday. The Custodial Parent did not show up and the case was dismissed. Can the custodial parent refile again?
unless There is any kind of restrictions or any official order, do I have the right to ask the mother to bring my Son to my house or if she don’t want to come , can I bring the Child alone?
answered on Aug 20, 2020
You should file a petition in Family Court for joint legal custody and parenting time. You may have to take a paternity test, if the mother does not acknowledge that you are the father. She will also most likely file a petition for child support. Child support for one child is 17% of your... Read more »
Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »
answered on Jun 23, 2020
You have to file a petition to evict her in the landlord tenant part of your local court (probably local district court).
I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »
answered on May 29, 2020
Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.
What happens if a husband knows wife is going to ask for divorce so he files retirement and gets 401k at age 60 to get funds before divorce is filed
answered on May 28, 2020
"Wasting" a marital asset in contemplation of divorce brings the asset back into equitable distribution in total. The husband can be held liable for any penalties/taxes due to him withdrawing early.
My son mother has changed her number and has keep me from my son since nov2019 and this isn’t the first time
answered on May 18, 2020
Not criminal charges, but she could lose primary residential custody.
On paper, there is legal joint custody with visitation for the mother. However, the dad often decides on his own and my input was seldom heard. The agreed child schedule has been half the week, every week. Child is with mom every Wednesday to Saturday, with dad every Saturday night to Wednesday.... Read more »
answered on May 7, 2020
The threshold for having a hearing for a change of custody is a "change of circumstances" since the original order/stipulation. If you can prove that there has been a change in the way the father supervises the child, etc. and that it would be in the best interests of your daughter to... Read more »
answered on May 5, 2020
Yes. Most separation and divorce agreements prepared by an attorney specifically state that living together and even resuming a marital type of relationship will not invalidate the agreement. Parties can agree to pretty much anything in a valid contract.
answered on Jan 13, 2020
File a petition in family court to be emancipated. There should be a help center in the county family court.
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
answered on Nov 18, 2019
No, any amendments to a Divorce Agreement or decree has to be in writing with your signatures notirized.
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... Read more »
answered on Nov 12, 2019
Fax a letter to the Court - if need be the administrative judge and and also contact your local county bar association.
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 »
answered on Nov 7, 2019
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 »
answered on Oct 24, 2019
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... 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... Read more »
answered on Oct 18, 2019
An RJI does need to be filed. You normally do not need to wait from the beginning of the line again once you file any missing documents.
Checked with the clerk last week, it is still pending and nothing need to do.
Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from... Read more »
answered on Oct 15, 2019
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 »
answered on Oct 3, 2019
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 »
answered on Oct 3, 2019
You should file a petition for arrears, if you haven't already done so, and should receive a credit for any child support you may be ordered to pay.
answered on Sep 26, 2019
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.