My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »
If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »
Can my ex reopen our divorce because he said he made a mistake in his 401(k) balance?
Its not an easy question to answer as more information is needed. How long ago did this happen? How big is the mistake? Why was there a mistake? These and other questions have to be looked at along with your stipulation. You should discuss this with the attorney that represented you in the... Read more »
We had no children together and I didn’t work outside our home..I was solely dependent on my spouse financially.. we have one home in both our names, and a summer home in his name..
unfortunately, NY does NOT recognize common law marriage therefore there is no equitable distribution.
Joint ownership Three family house. I am self employed. I was the stay at home care giver for one child from birth till now 17 year old girl. My wife is employed and has a 401 plan in her name only with me as beneficiary. We have no savings and have big debt. I have no retirement. What are the New... Read more »
New York State laws on assets in a divorce are complicated and in the Equitable Distribution Law. It would be impossible to give a thorough answer on this forum. You should speak to a lawyer so you can go over all of the specifics of your case. There may be issues regarding support, retirement... Read more »
Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »
My stbx lives in Canada. I live in NY.
I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »
If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.
You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.
My soon to be ex is returning back to Russia. If I get a full custody and stay in US - what are my options to get child support from him? Can I claim child support amount until both kids are 18 y.o. to be paid from the proceeds of the sale of his apartment (his separate property, but where we lived... Read more »
While you can certainly get a court order of child support, Russian courts may not enforce it. There is no statutory authority to force a lump sum child support order and there is nothing in the law that would establish any kind of trust account. Also you should be aware that child support in NY... Read more »
Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?
He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.
My ex-wife wants to have a family member who is 15 YO to babysit 3 kids (4, 8, 9 YO) who are currently doing remote learning and need constant supervision and help. Her plan is to have the 15 YO watch all 3 boys without any adult supervision for over 9-10 hours a day, 5 days a week, every other... Read more »
15 YO are used as baby sitters all the time especially during the day. This is something you have to work out with your wife or get the lawyers involved.
I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15... Read more »
If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.
My 4yr old hide on me and I couldn't fine her. I panicked and them called my ex husband. I found her within a few minutes. He then starts yelling at me sayin I am not responsible and is going to try and fight me full custody. Kids are going to be kids and do things to scraw the crap out of us.... Read more »
If this is the only "incident" then it is highly unlikely. If there is a pattern then that would be a factor. Do you have legal custody? Has there been any court orders? Modifying a court order already in place is much more difficult than getting an initial order. Speak to an attorney.
I had bad credit when we purchased the house so it was only put in her name. When we bought the property of land later collectors were trying to take a judgment out on me because I went to a debt consolidation and they said not to pay anyone so we could settle for less on what was owed basically... Read more »
It does not matter whose nmame os on the deed for property. The issue is when was the property purchased, and possibly, where did the money come from. If the property was purchased during the marriage then it is presumed to be marital. If the money to purchase was from pre-marital assets she may be... Read more »
The individual being financially abused is currently abusing illicit substances, does not have a job, and does not have access to their finances. The individual has children with their abuser. There is currently no physical or sexual abuse.
You can file a petition for spousal maintenance and child support.
What happens if my husband and I separate and he purposely Files for divorce at the age of 60 and withdraws his 401k funds in case I later file for divorce?
Nothing substantial. He must account for the funds. Under eligible distribution you are entitled to a share that was acquired during the marriage. Majauskas v majauskas sets the formula. The months of employment over the months of the marriage x 1/2. That’s the marital share if it was all... Read more »
I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »
Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.
What happens if a husband knows wife is going to ask for divorce so he files retirement and gets 401k at age 60 to get funds before divorce is filed
"Wasting" a marital asset in contemplation of divorce brings the asset back into equitable distribution in total. The husband can be held liable for any penalties/taxes due to him withdrawing early.
Judge requested more information for our divorce filing. Married in 07, lived apart since 09 but never filed for divorce until now (unfortunately after the 2016 maintenance law enactment). She signed a waiver of spousal maintenance. I already pay support. I know that pre-divorce seperate living... Read more »
What should be done is the spouse who is waiving support should have an affidavit that says that they are self-supporting and not requesting spousal support. If that spouse has an substantial income, then include that information in the affidavit.
Depends on what your separation agreement says. Most probably you can reopen the case if you have some proof. See your divorce lawyer or consult another attorney but bring the Judgment of Divorce, the separation agreement and ALL the SNW's.
I need to divorce quickly for my happiness and mental health. I'm scared my husband will try to make me miserable or trap me. What are the typical costs for divorce?
Unfortunately, depending on the attorney your husband gets he may be able to drag out the divorce. The courts try to have divorce cases ready for trial in 6 months if the case can't be settled, however, it doesn't take much to drag the case beyond 6 months. In regards to moving out, if... Read more »
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