I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.
He & his wife feels after his... Read more »
answered on Sep 20, 2022
If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »
So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »
answered on Sep 14, 2022
First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »
I filed divorce. My wife is using her brother to detach my children from me. I can prove that.
answered on Sep 12, 2022
Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.
House could have been sold already now I’m behind on mortgage because of her
answered on Sep 4, 2022
If so ordered, you can force the sale of the house. Have a free telephone consultation with counsel.
Jack
House could have been sold already now I’m behind on mortgage because of her
answered on Sep 20, 2022
You should immediately inform the court that your spouse is not complying with the court order. The judge may request a conference to find out what's going on. You can also file an Order to Show Cause to request immediate action from the court, such as precluding a spouse from interfering... Read more »
I don’t want to pay for it. I believe she moved money from her personal account. And faking it to pay me less share of marital property.
answered on Sep 3, 2022
If you have already started the divorce by serving her tge summons and notices then she is not allowed to do extensive spending except normal or emergency cases. If the house is marital property then the work she is doing may increase the value giving you more equity. Talk to your lawyer.
I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?
answered on Aug 29, 2022
You should contact legal aid or some agency that can represent you for little or no charge or see if an attorney can be assigned to represent you.
I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?
answered on Aug 30, 2022
No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.
He spelt my middle and Maiden name wrong.
answered on Aug 27, 2022
You should consult with an attorney to research the status of the matter in the county clerk’s office
Of the county in which he filed. An amended judgment, if one has been entered already, can be requested based on the misspelling of your name and maiden name. He would have to provide a... Read more »
answered on Aug 26, 2022
You should most definitely consult with an attorney before filing for divorce. The laws require specific recitations to be made in order for agreements to be enforceable and there are time limitations that must be adhered to that a lay person may not otherwise know. You only get one bite of the... Read more »
husband signed property over to one child when he has six children left five with nothing so I couldn't get it in a divorce has never paid child support through courts he's going to get away with it because I need help
My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also... Read more »
answered on Sep 20, 2022
In New York, marital property is distributed through a process called equitable distribution. Many factors affect how the court will allocate marital property, such as the length of the marriage, each spouse's contribution to the marriage, etc. In some cases judges will split marital... Read more »
My wife has said she has filed for divorce. I’m on social security disability, my wife makes 4x what I make a month, am I entitled to alimony. Also, our 19 year old son lives with me, am I entitled to child support.
answered on Aug 15, 2022
Based upon what you have written, you would be entitled to maintenance. How much and how long would be up to the court unless you settle the issue. As to child support, you would also get that as long as you son lives with you until he turns 21 as long as he is in school.
My wife left me in feb 2022, she moved into an apartment in March 2022, she came and took clothes on 2 occasions and I even let her take some furniture. She said she has file for divorce. She now wants to come and take whatever she wants. I still live in the family home with 2 of our grown sons. Is... Read more »
answered on Aug 13, 2022
She can only take things if you agree to it otherwise the division of ALL assets are by court order or agreement.
My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.
answered on Jul 25, 2022
It will not make a differece in the end. Transfers of marital assets without fair consideration are charged against the party making the transfer.
She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house
answered on Jul 8, 2022
Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the... Read more »
I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.
answered on Jul 5, 2022
File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... Read more »
I am the Respondent in a motion to Confirm an Arbitration Award
1. Petitioner filed a motion to confirm the Arbitration Award
2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award
3. Petitioner filed a Motion in Opposition to my... Read more »
answered on Jun 30, 2022
Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »
I do not know where he resides. We do not own property together or have children.
answered on Jun 28, 2022
The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »
I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible
answered on Jun 28, 2022
There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »
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