Get free answers to your legal questions from lawyers in your area.
I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.
(Edited for additional context): I am concerned with sealing from the public... View More 
answered on Sep 7, 2024
In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More
Ex refuses to pay for our 14-year-old son's CIT training program at the camp he has attended since age 5. He claims he agreed to pay for day camp "until 13 years old" and that son is "old enough to be on his own and doesn't need to be forced into a job so that [I] cam work... View More
answered on Jun 16, 2024
When a Judge sees the word "reasonable" it should mean reasonable in the eyes of the general public and standards. My opinion is that given the language you quoted, as long as the cost for the CIT training is not excessive, it would seem that your ex would need to pay for it. However,... View More
Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house
answered on Jun 15, 2024
If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.
Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,... View More
My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also
answered on Jun 15, 2024
In New York, you are responsible for child support until a child turns 21 years old. There are a few exceptions, for example, if the child enrolls in the military; gets married. It doesn't matter if the children work or don't work.
You might try to see if the kids will live... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
If you file for a Divorce, then the issue of custody will be determined in the Divorce process. There is a lot to know about custody and should absolutely consult with an attorney.
Living in the basement with my daughter.
answered on Sep 5, 2024
If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.
However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
answered on Sep 6, 2024
If both your names are on the deed and either party wants to sell the home, then that person has to start a special court action called a Partition. In a Partition, the Court will decide if the house has to be sold and how much each party is entitled to.
answered on Jun 16, 2024
It sounds as if your initial case was closed and then later on the clerk made a note. You should double-check with the clerk/Court or the Judge.
I'm being harassed, and now must sit for a deposition. Assuming some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... can I just object to these questions and refuse to answer them?
answered on Jun 15, 2024
You should consult with an attorney and have an attorney with you at the deposition.
It is not clear why you have to sit for a deposition, very unusual for a Family Court case.
In general terms, if you do not answer a question at a deposition, you could be held in contempt or your... View More
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
To add detail there is an active access order for 1 week rotation schedule. However they have added that the non custodial parent can access thr child every day on custodial parents access time for activities.
answered on Jun 15, 2024
A Judge has a great deal of power and latitude when it comes to custody and visitation. You may want to consider a modification of the Judge's order, so that the non-custodial parent doesn't have as much time.
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
In divorce agreement it says I have to pay until December 2024. Shortly after her marriage her new husband died and left her a house and everything he owned.
answered on Feb 18, 2024
I would have to see the exact language in the agreement. However, typically, once an ex-spouse re-marries, you no longer have to pay spousal maintenance.
answered on Apr 21, 2020
Most likely the mediator has a conflict and cannot represent your spouse -- unless you waive the conflict, in writing.
They calculated my child support on that number and not the actual amount. I literally owe double what it should be. Can I fix this?
answered on Apr 20, 2020
Yes, you can fix this. Your child support should be based on the income as reflected on your W2 statement. You should hire an attorney to fix this for you.
Can we get a divorce in my current state(New York)?
answered on Feb 25, 2020
Yes, you probably can get divorced in New York. Have you lived in New York for more than 2 years? If yes, you can get divorced in New York. If you have only lived in New York for more than 1 year, then it depends on other facts.
answered on Feb 4, 2020
Yes, you can still get divorced. It would help if you have some idea where she is living, but, even without that information, it is still possible to get divorced. An experienced divorce attorney, will be able to help you.
Should I stop paying child support because they are both over 21?
answered on Feb 4, 2020
Whether or not you can stop paying child support would depend on: do you have an agreement or Court Order stating you have to pay child support past 21 years of age? If there is an agreement or Court Order that says that, then, no you can't stop paying child support and have to abide by the... 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.
