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

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.

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

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.

Most likely the mediator has a conflict and cannot represent your spouse -- unless you waive the conflict, in writing.

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.

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.

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.

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

You can file for a No Fault divorce (Irretrievable breakdown) now or as soon as you want to.

You can call any Divorce (Matrimonial) Attorney that handles "simple" uncontested divorces. You should be able to do a Google search for that.

I handle simple uncontested divorces in Suffolk and Nassau Counties.

My phone number is 631-239-1702 or my email is david@dbnylaw.com.

Yes, you can file for Separation and/or have a Separation Agreement drafted.

If you are representing yourself pro-se, you should still prepare a Statement of Net Worth. You can always state "Do Not Know" for your responses.

If you have an attorney, you should consult with your attorney.

Assuming he has lived in N.Y. for more than 2 years, than you can file in New York, even if you are living in Belgium.

There are many factors that go into whether or not you have to pay spousal support.

The first thing to look at is each party's income. If you make significantly more than your spouse, then you may have to pay spousal support. However, as stated, there are other factors that would be looked at.

In general terms, you are entitled to 50% of all marital assets. It also seems that you are entitled to alimony (now called spousal maintenance). If you have any children, you may also be entitled to child support.

In order to get your divorce as fast as possible, you should file for a "no fault" divorce. With fully custody, he would have to pay child support based on his income.

As for finding a good lawyer, you can read the attorney's website and reviews.

Cost: It is... View More

Assuming that the only court order is the one that states you have to pay temporary child support of $550/month, that is your only obligation. If she spent all of the $550/month, that is her issue. You should discuss this in more detail with your attorney.