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 »
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.
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 »
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 »
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.
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... 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...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 »
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 »
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...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... 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.
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