My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?
Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.
You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why...Read more »
We have a personal loan under both our names and a loan on my deferred compensation under just my name. Took the loans out to consolidate our debts. We have no children and no other assets in question other than my pension and deferred comp. Thanks very much for any advice you can offer.
Certainly an argument can be made that debts accumulated during the marriage, used for the household. Are marital debts and should be paid by both parties. Talk to an attorney for a more specific answer.
My son initiated divorce. Wife keeps rejecting settlement offers. After divorce filing, she destroyed a tractor in one of her multiple suicide attempts. My son is paying for the tractor that was acquired during the marriage. He grows the crops and cares for the animals. I own the farm and pay all... Read more »
prepared by an attorney during mediation. I have full custody of our daughter and child support order, we sold the marital home and proceeds split we have no communication at all. I have bought a new house and i want to go ahead and file my final divorce. Can i do this on my own using the diy... Read more »
After being awarded ownership of a second home in New York, my friend got rid of some property of his ex-wife after one year. While going through the divorce both were told they were not to remove any items from the home but she came SEVERAL times without permission and took some items she wanted.... Read more »
Was there a specific list of items that werre deemed hers? Normally there is a deadline for a person to remove personal items from the property or they would be deemed abandoned. If that was not there, then this is a problem. He should not have disposed of any property without, at least, sending...Read more »
I have talk to my husband about divorce he said under no circumstances will he do that. The living situation is unbearable, abusive ( mostly emotionally) and uncomfortable. I can't live like this. Can I leave before filing. How does having a kid complicate this.
You do not need your husband's permission to get divorced but it means it will be contested. You do not need anyone's permission to leave the household, however if you take your minor child with you, this could be a problem. You should make sure you have a really good reason to take...Read more »
I earn about 45,000/year and she about 20,000 year, but her income will likely increase to 30,000 or 40,000 in the next couple years. We have 50/50 custody, she is the custodial parent. Can i petition to have my child support payments decreased if this happens?
The amount of support you pay will not change as it is essentially based on your income. However, you may be able to ask that the pro rata share of paying for the add ons (unreimbursed medical, child care etc...) should be changed.
I wouldn't leave my wife with nothing. I'm the only one who makes income. She has no income and cannot prove how she made the money in her account. All of the money is in her account. She believes I will not be able to have any of it. Is this true?
Any monies in any account after the date of the marriage is "marital" money unless the holder can show that it came from separate property. Based upon what you have indicated, the money would likely be split depending on all the factors of the case. I would suggest that you do not put...Read more »
I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »
I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions...Read more »
Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »
This is not allowed under NY attorney ethic rules. Unless you retain an attorney to act as a mediator and then have that attorney draw up divorce papers and a separation agreement incorporating the terms of your agreement. In that way, the attorney is not representing you or your spouse and that...Read more »
You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this...Read more »
You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.
The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.
You say it is on the "transcript", if it is on the COURT transcript then the court should modify the order and there is nothing to sign. It the transcript is something else it probably doesn't comply with the requirements to modify an agreement. You should take it to a lawyer and...Read more »
If you are seeking to do the divorce on your own, you can either download the required documents and instructions on the NY Courts website or go the the Bronx Supreme Court and pick up a pro-se divorce packet (which contains the forms and documents). If you are looking or a lawyer, call the Bronx...Read more »
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