I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
answered on Mar 21, 2023
There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.
Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker... View More
I need a protective order and divorce help please
answered on Feb 26, 2023
If you are in immediate danger call 911
The National Domestic Violence Hotline is 800-799-7233
Safe Horizon contact is 1-800-621-HOPE (4673)
There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)
212-400-6470... View More
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
answered on Feb 14, 2023
On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
answered on Feb 9, 2023
Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More
He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.
answered on Feb 1, 2023
Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
answered on Jan 27, 2023
The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
answered on Jan 30, 2023
Unless you waived the option to have the right to seek a modification every 3 years or upon a 15% change in the payor's income, you can seek one whenever it is warranted. You can always seek a modification based upon a change in circumstances, such as the needs of the child have changed. If... View More
I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More
answered on Jan 27, 2023
Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.
answered on Jan 4, 2023
It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More
answered on Jan 4, 2023
I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... View More
answered on Dec 2, 2022
New York does not recognize common law marriage therefore no spousal support would be ordered. However, if you own property together you may want to contact an attorney to determine if you have a case for small claim, Constructive trust or partition.
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
answered on Dec 22, 2022
Dear New York Tenant:
You do not owe rent to your husband, and if a victim of domestic violence you have special rights to seek to cancel the lease. Leave the notion of paying a share of rent up to the divorce court. Your husband does not have a cause of action to compel you to pay and if... View More
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
answered on Nov 29, 2022
If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... View More
So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... View More
answered on Nov 21, 2022
It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.
We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... View More
answered on Nov 21, 2022
One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... View More
My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?
answered on Oct 23, 2022
It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?
answered on Mar 6, 2024
Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.
I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023
Court date purpose : Uncontested Matrimonial-Initial Submission
Fully Virtual : No
Court Date Type : Administrative
What that mean please help me to... View More
answered on Feb 24, 2024
We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More
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