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 »
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 »
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 »
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.
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.
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.
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 »
"1) Maintenance. Please provide plaintiffs affidavit recitinting parties respective ages, health, employment and income so that the court Has some basis to make its finding that the maintenance waiver provisions of the separation agreement were fair reasonable at... Read more »
This is why trying to submit legal documents to the court without a lawyer is foolish. There are many forms required, some mayt be duplicative. Clerks will reject papers that do not contain all the required forms with all of the required language. Contact a lawyer and have the lawyer submit the...Read more »
Once the OSC is filed, it has to go to a judge to be signed and an order for how and when service is to be made on you ex. and what the return date of the OSC is. Once the OSC is signed (it will be faxed to you or you will be notified to conform a copy by phone or to pick it up) you will have to...Read more »
On paper, there is legal joint custody with visitation for the mother. However, the dad often decides on his own and my input was seldom heard. The agreed child schedule has been half the week, every week. Child is with mom every Wednesday to Saturday, with dad every Saturday night to Wednesday.... Read more »
The threshold for having a hearing for a change of custody is a "change of circumstances" since the original order/stipulation. If you can prove that there has been a change in the way the father supervises the child, etc. and that it would be in the best interests of your daughter to...Read more »
This is a difficult question to answer without more information. New York is an Equitable Distribution state. Equitable Distribution does not require that property be distributed equally, but that it be distributed fairly. The Court will consider the contributions made by both parties to the...Read more »
Often, after the conclusion of a divorce, the marital home is listed for sale. Generally, the proceeds from the sale of a marital home are applied to the mortgage and other marital debts, the remaining balance is often divided between the parties.
That Is not proper. The mediator should be a neutral. However if its a faultless divorce with a fair agreement it may be acceptable, Even though it may be acceptable it has the appearance of impropriety. The leaves a view that the mediator was actually the wife's advocate. You should take...Read more »
Uncontested Divorce.. trying to figure out what documents actually need to be turned in. The divorce is amicable. My son lives with me, the father, and I am not looking for support. He is actually working a part time job and is well taken care of here. . don't want support payments from my ex... Read more »
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