You can ask your attorney or you can call the county clerk and ask. If it has been finalized, you can send a check to the county clerk and they will send you a copy of the papers. Be sure to ask how much to send as the charge is $1 per page.
He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »
Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or...Read more »
The answer to that question depends on what your Judgment of Divorce says and what is in your Stipulation of Settlement. Most often there is a radius clause in agreements that specify how far you can move. In most cases, this precludes a move to another state. The best way to be sure that you...Read more »
She abandoned me gone 5 years, I do not have small children. Now she wants a divorce. If she files out there do I have to fly out there if I decided to contest it? or does she have to come to New York if I file
If one of the parents later refuses to cover the agreed pro rata share of child's college costs, what legal recourse is available to the paying parent? Will the courts uphold the agreement that was ordered and adjudged per the divorce decree?
I have custody and placement of our two sons. Ex is living in the marital house, which has a value of over $100k and has no mortgage or home equity loans. My ex is not paying any support or maintenance which is stated in the separation agreement. He is nearly $20,000 in arrears. Is there a way... Read more »
Without reading the separation agreement it is impossible to give you an accurate answer. You can bring an action against your ex for the past due support. The best thing going forward is to go to Family Court and file a petition for child support and spousal support and have that paid through...Read more »
The case status of my uncontested divorce is active. There is a date for the RJI filed and a date in the future for date NOI is due when looking at the Web Civil Service Case Detail. I submitted the NOI. Is there something else I need to do since there is no date for the section NOI filed? Or does... Read more »
We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »
Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.
1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the... Read more »
If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living.
In regard to a change of "child support", since...Read more »
My ex passed away in 4/2015. As per the divorce decree he could claim my middle child on his taxes. When I went to file my taxes I found out his new wife had claimed my daughter on his behalf. She had filed jointly/married for him. My ex did not support my children after he was deceased - Child... Read more »
The judgment does NOT include language that you can prepay at any time without any penalties. I have been paying for 5 years. If I continue to pay the $5,000 per month, not only will it take 40 more years to complete, but my ex wife will have received a few million dollars over the initial amount... Read more »
Your Stipulation of Settlement, or Decision and Order (if you had a trial on this issue) should include language that you can prepay at any time without any penalties. Even if they do not, contain this language, you can tender payment in full. If your ex wife refuses to accept the pre payment,...Read more »
I divorced 3 years ago (wife was cheating on me). I was married for only six years and have had to give her half my pension for the rest of my life, had to give her $200,000 from my 401K and $50,000 from the equity in my home. She kept 100% of her stock portfolio.
I did a lot of overtime last year so my income was high. My ex informed me that she will be taking me to court to raise child support payments. If the court sees my income from last year, it will be high because I did a lot of overtime. But I cannot know if I will be able to make that much money... Read more »
under the current child support law, your child support can be raised if your income goes up 15% or more from what you were making when the child support order was issued. You may have a defense if you can show that you will not be able to do overtime or as much overtime this year as you did last...Read more »
It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down...Read more »
You can make a motion for contempt if that requirement was in the judgment of divorce or you can move to enforce the agreement. You may also be able to request counsel fees for having had to make the motion. As the most drastic remedy, it sounds like to can ask the court to have the house sold.
You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.
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