You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,... View More

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

You may wish to contact SCU on this. They're entitled to charge an annual administrative fee (as of Nov. 2021, it's $35). It's possible they hadn't charged you that fee for several years & are now catching up, but that's only speculation. For a further assessment,... View More

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... View More

Unless the Judge ordered otherwise, you're obligated to mail her a copy of the final Judgment along with notice of entry. There's otherwise no obligation to send it certified mail - same is advisable (but not otherwise required) if the other side has defaulted. Schedule a consult with a... View More

The short answer is yes - so long as you're the Father, you have a legal obligation to support the child. You will have the burden of proving you're disabled thru competent medical evidence. Even if you succeed in that burden, you'd still pay 17% of your disability, unless paying... View More

Due to the automatic orders, you cannot change the character of the joint account without her express permission. But you can generally do 2 things: (1) you can stop your direct deposit from going into that account & (2) discuss with your wife whether she agrees to simply split up the account.... View More

If you can't resolve the issue, then file for divorce. Then you can either negotiate the issue or file an order to show cause & get before the Judge for a ruling. Schedule a consult with a NYC Divorce Attorney for a full assessment.

Yes - sometimes people simply want the safety of having a divorce judgment issued by NY - especially if they were married here. Likewise, if the foreign court did not have proper jurisdiction and/or it did not reach certain issues between the two of you (e.g., asset/property distribution), then it... View More

It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it... View More

You're best advised to bring the child to a Doctor. Document the days/times the child's returned and has that episode, and ask the father to document what he's giving to the child. For a full assessment, schedule a consult with a Bronx Family Law Attorney.

To file for divorce in NY, he has to have been residing here for more than 1 year + other factors (e.g., you were married in NY, you resided in NY as Husband & Wife relatively recently, etc.). You may also wish to consult a FL Divorce Attorney as to whether you still may have jurisdiction... View More

If its a support or custody/visitation issue, you can file a Petition in family Court. If it's otherwise, you'd need to file an order to show cause in Supreme Court. You should also consider sending a "default notice letter," especially if your agreement requires it. Schedule... View More

If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.

E-courts is sometimes cryptic. Merely because it says there was an appearance doesn't mean there was one - it could be just a tickler in their system. That said, if the case is still uncontested, you need to file the judgment package along with the note of issue. Schedule a consult with a... View More

You should reach out to a NYC Divorce Attorney to set-up an initial consultation. If you have any specific questions about your potential divorce case, please feel free to post them.

The divorce doesn't necessarily effect his parentage. Especially if he signs the acknowledgement of paternity (allowing his name to go on the birth certificate), then he's the Father. Even so, generally a baby which is conceived during the marriage is presumed 'of the... View 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:... View 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... View More