HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed
answered on Mar 5, 2020
He needs his own attorney. The Father should ask the Court to appoint an Attorney for the Child.
I've been married to my daughters father since December 13th 2000. We've been separated since 2005. I was told if I divorced before my daughter was 18 if would be much more difficult and that would involve custody battles. Now that my daughter is 19 years old and in college, can I divorce... Read more »
answered on Feb 17, 2020
If you can agree on the terms of your divorce and bring that to a qualified attorney, your separation agreement can be written based on your agreement. But you need to account for child support, division of assets, and maintenance if that is a factor in your economic picture.
Should I stop paying child support because they are both over 21?
answered on Feb 4, 2020
Depends on what your agreement says. Check the provision for emancipation event.
My lawyer died, I have no representation right now and I can't get a new lawyer until I can obtain my file from the firm. He was a sole practitioner so waiting to see who is taking over. Due to my lawyer passing away my future ex husband has decided to not pay his alimony and I'm unsure... Read more »
answered on Nov 12, 2019
You should consult another family law attorney to assist you.
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 »
answered on Mar 27, 2019
If you have a judgment of divorce, trying sending it to the retirement fund
My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »
answered on Mar 10, 2019
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com
We live in New York and have 2 kids. His base salary: 185k, bonus: 150k. My salary: 100k. We have been married 8 years. I will have full custody.
answered on Oct 16, 2018
Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you... Read more »
I waived maintenance but 3 months after inquest and signing the divorce settlement agreement my medical and financial circumstances have changed drastically for the worse. I have been diagnosed with a life threatening illness and cannot work. The final divorce judgement papers have not been signed... Read more »
answered on Jul 6, 2018
I believe the agreement will be binding unless you can show you entered into it under duress or were somehow incapacitated when you signed it. If you move to "vacate" or set aside the agreement, your ex will probably file a judgment of divorce and request a signed judgment incorporating... Read more »
It is a somewhat unique situation - I and my family were battered by my husband, soon to be ex husband. He spent the last 7 years in jail and/or psych wards. I just need help.
answered on May 31, 2018
If you are self-represented, the judge and clerk will likely help you through it. The end result will be a judgment of divorce. I am not sure of your finances or child support but if there are financial accounts those will be addressed as well.
Back in 2012, we filed for divorce and after obtaining the index no, it was not pursued any further. Myself and my wife have tried to work things out, did not work and now decided to file for divorce. My question is the index no remained valid or it has an expiration date? I could not find the... Read more »
answered on May 14, 2018
Unless an application was made to dismiss the case for failure to prosecute, that case is still open.
Not sure about Queens, but try the county clerk's office to see if they will look it up by name.
My husband and I have been married since 2015 yet have been together since 2012. I relocated, left my family, friends, job and job prospects to move to NY to be with him. He works with the city, has a 457 savings account, pension and 401k. I have my insurance through his employer and we have a... Read more »
answered on Apr 16, 2018
The retirement accounts will only be divided from 2015 (date of marriage) until the date an action is commenced for divorce. You will probably not get any spousal support.
My son has an upcoming custody/child and spousal support case on March 26... He had an appointment with his union lawyer for March 21 but they rescheduled it for May 9th due to the No'easter..He was told to tell them that he doesn't want to act as his own lawyer but wants to speak to a... Read more »
answered on Mar 23, 2018
He should have a lawyer with him on the May 9 appearance. This is plenty of time to get an attorney.
The reason for the court date stems from a case I took to trial and won. I was charged with Dwi and failure to take chemical test because I was a passenger. Charges dropped and now need dmv to drop suspension and fines. I was found innocent
I split from my wife 1 year ago and I want to get my divorce. We were living together only 2 years. we are 22 years old, she just finished college, and I have to quit school for taking care of here and my child. I have a job and she has one too, but I still making more money than her. Is there any... Read more »
answered on Mar 21, 2018
Generally speaking, in a short term marriage alimony/maintenance is not at issue. Not sure if the child is yours and hers? If that's the case, your main issue will be custody and child support. Consult a qualified divorce attorney.
she had me quit my job to watch the kids after she got a job making a lot more than we both used to make together.I was wondering if I would be entitled to her 401 k or pension?
answered on Mar 21, 2018
Yes. You are entitled to half of the marital portion of her 401k. However, you need to consult with a qualified divorce attorney to discuss this matter because every situation is unique.
Or his pension is that possible
answered on Mar 14, 2018
You should consult an attorney on Long Island that is qualified to answer your questions. Division of a pension is a significant aspect of your potential divorce and you should understand it. Good luck.
I have an 18yr old son who lives with me who has an order of protection against my husband and he is not living with me. We have 2 other minor children who also live with me. He is threatening to turn off utilities, cancel health insurance and take away other things unless I force my son to... Read more »
answered on Mar 5, 2018
Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child... Read more »
answered on Feb 20, 2018
Generally speaking, yes. And the custodial parent should do whatever he/she can do to facilitate the visits by speaking to the child, maybe taking the child to therapy, or start out the visits with a third party and the non-custodial parent. It would not be a good idea for the custodial parent to... Read more »
received alimony for 5 years. She just went to see about the Quadro for annuity and her attorney advised her they never finalized the divorce in the court - what action can my sister take for the attorneys' failure to complete the proceedings.
answered on Feb 12, 2018
You should get another attorney to complete the proceedings and then obtain a Judgment of Divorce, which can be used to obtain the division of the retirement accounts.
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