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.
This payment is based on the divorce decree. The child is now 18. The child has never been to the united states because of the mother's choosing. I provided opportunities for the child to study here in the USA after high school, but the mother decided that wouldnt work. I assume its so she can keep... Read more »
Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child...Read more »
I am having a hard time collecting my portion of his pension and 401 k. He has made offers but will not offer any paper work. I have contacted NYS Retirement Fund who state they can not help me, wrote an e-mail to the marriage division of retirement but received no response. What can I do next? My... Read more »
Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.
What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is...Read more »
A friend says he can prepare all the divorce paperwork for me and my wife, and write up a stipulation of settlement also. I thought a lawyer would have to be involved somehow, but my friend says he can do it all by himself. He's a paralegal. It that legal?
The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY...Read more »
My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »
And because my husband is in and out of jail I requested that before he sees our daughter he wait until we have a visitation agreement through court. Now he's upset by that and saying when we go to court next month he's going to tell the judge I forged all the paperwork which is false, he had his... Read more »
Your situation is not clear. It appears that you are representing yourself in court. Family Law is all about he - say, she - say environment, where the expertise of an attorney will be used to provide bases to such claims. Alimony and Child Support has to have merit in order to be granted under the...Read more »
Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife as she is intentionally dodging the service. He has not even able to get court permission for motion of publication. Also, i have a strong feeling that he is lying to me , he is not providing me the copy of... Read more »
If you're dissatisfied with the pace or rigor of representation, why not hire a better lawyer? 8 months of delay for service is ridiculous. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself....Read more »
I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The...Read more »
The trial was cut short because the judge was no longer going to be a judge due to a 5 million dollar cut to the Nassau County budget. We were in the middle of trial when this happened. I was told that i could start again with a new trial but because I didn't have the money my attorney advised me... Read more »
You say you agreed to the settlement, so I see no way to dispute it by claiming that it was involuntary, if that is what you are implying. If you're seeking to appeal the decision, there are strict deadlines that apply: https://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml. More details are...Read more »
Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of...Read more »
I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help...Read more »
the home is not in my name, only his. what are my legal rights to this home? we are not legally separated yet. Can I stay in this house until I am ready to move? As long as I continue paying for the bills? I am waiting for a few years when my daughter goes to college. Should he decide to sell,... Read more »
When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a...Read more »
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