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answered on Jan 28, 2025
You need to contact both the Judge and the court appointed attorney to explain your situation. If their is sufficient time, the Court may grant you an adjournment. However, the Court may state that it is too late to get an adjournment. A lot of this depends on the Judge and all the circumstances.
Me And my wife separated in october. I decided to stay at my parents because it was easier on our daughter. We rented from her parents and I had most of my possessions at the house still. They decided to either throw everything away and her father kept my tools and other things. Is this legal? I... View More
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answered on Jan 28, 2025
The short answer is "no", your wife and/or her parents do not have the legal right to throw away your personal property (possessions). However, in a practical sense, you need to prove to the court exactly what personal property you had and what it was worth. Most of the time, personal... View More
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
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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
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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
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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
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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
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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
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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
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answered on Jan 28, 2025
Assuming the hospital allows visitors, yes, he can have the children visit him at the hospital.
He does not lose his parental rights while he is in the hospital.
The divorce was started in early September. We both reside in NY State. The only thing that I have received and completed was the questionnaire. I consulted the company several times about the status of my case however, I was told that they are not a middle man. Per a court order, I am not allowed... View More
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answered on Nov 24, 2024
Yes, you can file your own papers. If it turns out that your spouse filed papers before you, then one of the divorces will need to be cancelled.
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answered on Nov 24, 2024
Most likely "yes", however, you need to read your Judgment of Divorce and if there is one, the Stipulation of Settlement. That will govern when spousal maintenance ends. Typically, someone just moving in, does not qualify for ending spousal maintenance. I highly recommend you consult... View More
My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?
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answered on Nov 11, 2024
If your Mother gets divorced in Mexico, it would be valid in the U.S.
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answered on Nov 11, 2024
If you are located in Suffolk, Nassau or New York City, I can help you. Please email me at david@dbnylaw.com.
Will any money I may inherit go to him as well?
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answered on Nov 24, 2024
You have to make sure that in your Separation, that you and your spouse waived the Right of Election.
If you did, then you can state that your estate goes to your children or have a Trust for them. You should consult with an attorney.
Currently married but might look to divorce and need to know about custody steps
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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.
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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
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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.
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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?
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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
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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.
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