Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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

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

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.

It's unclear exactly which form you're referring to. If there are children involved, you must (at the least) submit the child support worksheet - though it's advisable to submit a full stipulation of settlement. Schedule a consult with a NYC Divorce Attorney for a full assessment.

You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.

It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.

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

Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.

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.

Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.

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

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

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.

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

Possibly additional papers need to be filed. Did you file Findings of Fact and Conclusions of Law and a proposed judgment? Do you have a Parenting Plan agreed to in writing?

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

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answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... View More

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

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.