Nina Mironenko's answer 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.
Nina Mironenko's answer 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.
Nina Mironenko's answer 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.
Nina Mironenko's answer All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.
Nina Mironenko's answer 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 the current child support is not sufficient. I am not sure why a 2009 NYS stipulation of settlement would have 18 as the emancipation age. If that wasn't merely a typo, you could argue that you...
Nina Mironenko's answer 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" - meaning that the father did not pursue a relationship with your son, then your son could argue that the father still has to support him. If your son did not want to see/communicate with his father...
Nina Mironenko's answer 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 would also demand broker's fee if there was one) you must go into landlord tenant court.
Nina Mironenko's answer 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 make a lot less) you can file a petition for an upward modification of child support
Nina Mironenko's answer 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.
Nina Mironenko's answer 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.
Nina Mironenko's answer Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
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