My ex wife is trying to take me to court once again to increase child support payment I’ve not missed a payment it gets taking directly out of my check from my current employment and she’s constantly harassing me I have reason to believe she somehow found out my disability no very legal then... Read more »
Actually, disability IS a form of income for child support purposes. Thus, if you both receive disability + job income, they'll both count for support calculation purposes. Schedule a consult with a NYC Child Support Attorney for a full assessment.
Whether you'd qualify for maintenance is dependent on a variety of factors, such as length of marriage & income disparity. He'd also need to make enough to support his own basic expenses + yours. You can get some idea of the amount by using this calculator:...Read more »
Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before... Read more »
If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the...Read more »
The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a...Read more »
The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »
The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately...Read more »
The Court does not have an obligation to "verify" her income. That's your responsibility - you could have, for example, issued her a disclosure notice and/or served subpoenas. Schedule a consult with a Bronx Child Support Attorney for a full assessment.
Merely filing the divorce does next-to-nothing. You'd then need to have the papers served, file an affidavit of service, and then submit the Judgment Package (assuming the other side defaults. You may wish to call a NYC Divorce Attorney for a full assessment.
I assume you mean the child is living on his/her own & working. With that assumption, you'd need to file a Petition to Terminate Support, alleging emancipation. Bear in mind you need to prove the child's totally self-supporting. Schedule a consult with a Bronx Child Support...Read more »
Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?
Without reviewing the exact structure of your agreement, if it says your husband needed to buy you out, then it seems to me like - if you're disputing same - he'd need to produce evidence of the payment. That said, with something so significant, one would think there'd be a cashed...Read more »
Whether you qualify for an annulment isn't necessarily based on either the length of the marriage, or the period of separation. Instead, it's based on whether you'd satisficed one of the statutory grounds which would render the marriage void or voidable. Based on the length of time...Read more »
Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time the agreement's been in place, compliance therewith, availability to the child, preference of the child (depending also on...Read more »
i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »
If there are domestic violence issues, then you're always free to leave. Let him know where you went, and then strongly consider filing for an order of protection and/or a divorce case. If he won't "let you leave" then that speaks to the fact that you should - no one deserves...Read more »
a month or two. I am the father (non custodial) paying support and alimony. What I am paying is what I agreed on based on my job that I was let go from last month. I thankfully found a new job, but what my income is now is greatly less than what I anticiapated with the agreement. I pay my soon... Read more »
You can't get a modification of your agreement in Family Court. You'd need to wait until the Divorce Judgment gets signed & THEN file for modification. Be prepared to prove that the reduction of your income since you signed the agreement was thru no fault of your own - and that...Read more »
The way the statute reads, it's technically payment of maintenance (a/k/a spousal support) which gets deducted form income before calculating child support. Often times, however, cases resolve themselves by doing the reverse calculation (as you've laid it out). Schedule a consultation...Read more »
No, not necessarily. Only with a divorce filing are "Automatic Orders" put in place which restrain parties from removing funds from retirement accounts. Otherwise, he must agree to not remove the funds - in which case divorce is your better option. Schedule a consultation with a Bronx...Read more »
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