I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... Read more »
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... Read more »
I have judgement of divorce which company isnt excepting so i can collect my pension as single
answered on Mar 7, 2023
What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.
He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?
answered on Mar 7, 2023
you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
I need a protective order and divorce help please
answered on Feb 26, 2023
If you are in immediate danger call 911
The National Domestic Violence Hotline is 800-799-7233
Safe Horizon contact is 1-800-621-HOPE (4673)
There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)
212-400-6470... Read more »
Has not paid my Morgage or giving a dime . Has a company he has not paid taxes on in 20 years cashed checks with a Ein # not legal what do I do
answered on Feb 20, 2023
You should see a divorce lawyer. Depending on your respective income there can be an award of spousal support.
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
answered on Feb 9, 2023
Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... Read more »
Is there a way I can force her to give me my share 11 years later.
answered on Feb 1, 2023
Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »
answered on Jan 27, 2023
The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... Read more »
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
It’s for a fully uncontested divorce with no children
answered on Jan 25, 2023
It's unclear exactly which form you're referring to. If there are children involved, you must (at the least) submit the child support worksheet - though it's advisable to submit a full stipulation of settlement. Schedule a consult with a NYC Divorce Attorney for a full assessment.
They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... Read more »
answered on Jan 24, 2023
You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.
A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.
What options are available for divorce?
answered on Jan 19, 2023
It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.
answered on Jan 4, 2023
I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... Read more »
answered on Dec 27, 2022
Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.
answered on Dec 2, 2022
New York does not recognize common law marriage therefore no spousal support would be ordered. However, if you own property together you may want to contact an attorney to determine if you have a case for small claim, Constructive trust or partition.
answered on Nov 30, 2022
Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
answered on Nov 29, 2022
If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... Read more »
I filed for divorce in march of 2020. We were separated for 5 years already.
answered on Nov 23, 2022
If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.
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