Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »
Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... Read more »
Custodial parent refused to show his income and the non-custodial parent was homeless and unemployed at the time. DSS filed against non-custodial parent on behalf of the custodial parent. Non-custodial parent was ordered to pay $90 week and the custodial parent received money from DSS for the... Read more »
There is an old expression, "the law is an ass". In this case it is very applicable. The law requires both parties to produce their financial affidavit, but there is no penalty to the custodial parent for not doing so. Since basic child support is, in reality, based on the non-custodial...Read more »
You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this...Read more »
If in the original divorce some expenses were to be shared but custodial parent never brought them about, never communicated with non custodial parent, kept children from noncustodial parent. No for of bills or requests made during 7 years. Does non custodial parent have any recourse? If found for... Read more »
While, in general, the custodial parent is required to present evidence of legitimate expenses to be reimbursed within a "reasonable time", that is ambiguous. I have seen some Judges and Magistrates exclude some sxpenses for being stale, but I have also seen old expenses awarded. You can...Read more »
Divorce was 7 yrs ago. Child support always paid on time. 1 child emancipated 1 year ago June (9 months after turning 21). Petition to modify to terminate due to 2nd child emancipating Jul 2020. Hearing this morning. Custodial parent who has never brought forth any requests for anything additional... Read more »
You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.
Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing...Read more »
No. Court ordered child support already contemplates your expenses when the child is with you. You can deduct expenses that are court ordered for you, such as your share (pro-rata) of the medical and education expenses if it is in the court order. Talk to an attorney for more specific information.
I make 120k, my mother's children makes 50k; we have 3 children - what would be the accurate child support breakdown given that we have surpassed the combined income gap. Does she have to petition for anything above that cap and can I get the support modified? currently we have 50/50 joint... Read more »
It is impossible to accurately answer your question without more information. However, as a general answer the courts generally go over the cap when there isn't a significant overage. Child support is generally awarded to the lower earning parent. Support can only be modified upon a showing...Read more »
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support...Read more »
If you are in court, the father still has the right to ask for a trial on the issue. In most cases the father just consents to the court issuing an Order of Filiation which says he is the father. After that, the court will have a hearing on child support unless the 2 of you agree on a support...Read more »
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