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...View 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... View 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... View 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,...View 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... View 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... View 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... View 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... View 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...View 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...View 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... View 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... View 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...View More
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