answered on Feb 28, 2021
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... View 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... View More
answered on Feb 28, 2021
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... View More
My income was verified & her wasn’t. She lied about employment & the court reused to verify. Can I get the case overturned?
answered on Feb 19, 2021
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.
answered on Feb 19, 2021
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.
And the mother is receiving and keeping the money
answered on Feb 19, 2021
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... View 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?
answered on Feb 5, 2021
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... View More
answered on Jan 30, 2021
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... View More
I'd like to petition the court for full custody.
answered on Jan 30, 2021
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... View 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... View More
answered on Jan 30, 2021
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... View 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... View More
answered on Aug 1, 2017
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... View More
Can I deduct the child support from my income?
answered on Aug 1, 2017
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... View More
If i file for a legal separation until I am ready to divorce will this put a financial hold on his 401k?
answered on Aug 1, 2017
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... 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.
