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.
He is currently incarcerated. My mom said when he passes she'll get his social security because they never divorced. How would that all work? And wouldn't paying off his debts, like child support, take priority to her just wanting a larger income? Also if they did apply any money he was entitled to... Read more »
in 2005, supreme court, ordered $600 month, the divorce approved/granted in 2009. in 2012, my income increase, the ex-wife petition a support modification in family court (on the 2012' W2,-) I should have pay $900. the Judge made order based on 2005 divorce decree/separation contract. Now in 2018,... Read more »
NY is very much a contract state, except when it comes to child support. The law is that children must be adequately supported. There is no right to an upward modification without the custodial party showing need for more support. Even if you are earning more, your ex-wife needs to show that...Read more »
A court could deem that your son self-emancipated himself from his father if he legally changes his last name from his father's name. I'm assuming that your son doesn't have a relationship with his father? If the reason for them not having a relationship with each other was the father's "fault"...Read more »
My Fiance is currently incarcerated in New York State. He keeps receiving child support bills and the total amount keeps adding up. Is there a way to suspend child support payments until he is released in 2022 or 2023? If so, do we file a modification petition and what would we state within the... Read more »
We just moved in found black mold after a week and 1/2 then the neighbors told us that the seller/ landlord new about the mold but covered it up. I am highly allergic which the seller knew before we moved in and I cannot stay in the home. If a lease with option to buy is considered a sale... Read more »
When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I...Read more »
I would like to know my obligations. We have specifications about extracurricular activities etc but nothing on day to day expenses when he is with the parent. I don’t earn a lot and my ex left me with nothing. He lives in a 2 million dollar house. I rent.
No, he pays for expenses when your child is with him. Also, if you think he's earning a lot more, or has a lot more money than he did since the last child support order, or if it's been more than 3 years since the last order, or there has been another significant change is circumstances (you...Read more »
I signed a lease for next year. A month later a guy shows up on my door to say he is the new owner and wants me to sign a new lease which raises my rent a lot. The owner never told anyone she was selling. Why would she send us a lease if she wasn't going to own it? The new guy was aware that some... Read more »
There's a support order in place only. And that's all he cares about. He doesn't call to check on her, ever. He has no bond or attachment to her. I provide everything she needs and I'm her sole caretaker. I tried on several occasions to reach out to him to be a part of her life and I always get... Read more »
I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.
No, you should appear as a witness for your spouse who is opposing the relocation. Hearings are held so that the other side, and sometimes the judge, can cross-examine, or ask further questions of the witness.
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