answered on Nov 30, 2018
You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.
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.
answered on Nov 29, 2018
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... View 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... View More
answered on Nov 29, 2018
The new owner bought the property bought it subject to all of the leases. She cannot demand new leases.
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... View More
answered on Nov 27, 2018
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.
answered on Oct 23, 2018
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.
answered on Oct 23, 2018
If it's the custodial parent's petition, it will be dismissed. If it's the other payor's petition, the court may adjourn the first conference, or set a hearing date.
I filed for protection for my daughter because of abuse.
Her mother's attorneys have filed a voluminous counter.
Two days before the day of the hearing.
Can I get an adjournment so that I can prepare an amendment to my original filing?
answered on Oct 22, 2018
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.
My husband just started working full-time again after 15 years, does not help with one penny towards anything for the kids, we co-exist in the same household.
answered on Oct 18, 2018
Only if he doesn't contribute anything, or any meaningful contribution toward household expenses.
The house. I refinanced the mortgage and he signed everything but now he’s refusing to leave. What do I do and how do I get him out of the house? I can’t afford an attorney
answered on Oct 15, 2018
Again, what paperwork are you referring to? A Stipulation of Settlement? Does the paperwork also state that once you "take over the house" - I assume that means that you will be responsible for the mortgage, that you have exclusive occupancy right away, or once the judgment of divorce... View More
Paperwork but is still refusing to leave the house and move out. I can’t afford an attorney. What do I have to do to legally get him out of the house if he refuses to leave??
answered on Oct 15, 2018
Who prepared the divorce documents? Do you have a stipulation which includes language that you get exclusive possession and ownership once you refinance, or did you ask for exclusive possession and ownership of the house of the house as ancillary relief in your complaint? If you did include that... View More
He forged my signature on our tax return and kep the money. I have proof and can have himarrested for forgery but would rather not do that if i can leave the state. Can i make a deal like this?
answered on Oct 14, 2018
In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him,... View More
If the border control agent at the airport will ask me for a travel consent letter from my child's father and i ll not have one, would they take baby from me and send him back to USA? I would not be able to go back with him as i have no green card. Do they ask this letter at the USA or at the... View More
answered on Oct 12, 2018
A travel consent letter is checked before you leave the U.S. If you don't have one, you and your son may very likely be prevented from leaving.
My ex an I split when my daughter was a baby and had an order drawn up. I have primary physical and we share legal. We got back together when our daughter was 4. We just split up and he moved out of NY to VA. Our daughter is now 10. Because we had the order in place, I told him he needed to file to... View More
answered on Oct 11, 2018
The courts don't get involved with this, unless your ex is asking your daughter questions about your personal life. Your ex should really be shutting down your daughter when she starts talking about you. This really is an issue you need to resolve as a parent with your child. Children of... View More
answered on Oct 11, 2018
Did you have an agreement allowing the child to move out of the US? If so, did you agree to keep paying child support? If you did not agree to the relocation you can file a petition to terminate child support.
Currently paying child support from an ex relationship and now I have a child with someone else who is looking for support as well. Will my first payment get lowered due to now having to pay another case? I am making 30k more money since the first agreement was made.
answered on Oct 10, 2018
Your first obligation will not be reduced. You can deduct the child support you pay on the first one when calculating your second child support obligation.
My ex lost his job in June 2018. Filed 1 pet to drop support completely. The case was dismissed per his request. He has filed again to drop it. He didn't pay support for 2 months. I finally got a payment of $1,100 and he's also paid one weeks payment. He has bought a new house, adopted... View More
answered on Oct 10, 2018
You're bringing up all of the correct points. The support magistrate or judge needs to impute income to him based on his previous earning history or earning potential. You must get all of that information on the record at the hearing and then object, and possibly appeal if the judge decides... View More
Is it considered a conflict of interest if a CPS caseworker previously worked with a biological mother to regain custody of her children is then appointed the current caseworker for the person who now has custody of the children? I ask because within a month or so of the new caseworker being... View More
answered on Oct 3, 2018
Given those facts, yes, if the current caseworker previously helped the mom get custody there would be a conflict. You should file for immediate - on an emergency basis - modification of custody - with you getting custody. If you would not qualify then a family member can petition, with you... View More
restraining order b/c he sent her inappro. pics/texts. 2 questions: 1 can I make arrangements for my daughter to receive the support I pay, and 2. can she take her mom to court for support as well since her mom is not taking care of her needs? this is in NYS
answered on Oct 1, 2018
Yes to both questions. You must file a petition to modify child support and your child can file a petition for child support from her mother.
The mother wants 17 percent of my income to supplement her income most likely because she can't go out drinking 3 times a week. If she can not afford to raise my son half of the week I would much rather he be with me full time to make sure his life is as good as possible. We were never married... View More
answered on Oct 1, 2018
Generally, no, but it depends on whether there is a big disparity in your incomes. Residential custody is determined by the "best interest" test for the child, which involves many factors. The courts look at who is best able to provide the best home environment, including a... View More
My 1 year old daughter was born in nyc but a month after she was born my ex took her down to North Carolina to live with her parents. It was supposed to be temporary. A year has passed and she filed for full custody with a lawyer. My daughter spends 2 weeks out of the month with me in nyc.
answered on Sep 27, 2018
Legal residence in one state for 6 months determines jurisdiction. In your case, where your daughter spends almost half of each month with you might be determined by other factors: where is your daughter's primary doctor, etc. It helps her that she filed first, but you can try - file a... View More
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.
