Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »
He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »
Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.
The courts want his DNA only to exclude him if there is a paternity petition brought by another man. In NY a child born of the marriage is considered a child of the married parties.
In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be... Read more »
Hi i'm married with an american man. i'm pregnant of his baby and i live in Italy.
He doesnt want to have a baby with me, for his problems with his kids from his previous marriage
He wants from me an abortion.
Your husband does not have to be at the hospital. Under NY law, a child born during the marriage is a child OF the marriage which means he is automatically the father.
Yes my grandma is 83 years I’m 28 my mom is 57
Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.
Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »
Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »
Do I have to go to Long Island and file or can it be done through mail?
You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.
She was born in Puerto Rico
If you're birth name is going to be changed on your birth certificate then it should be changed on hers.
New York State. Did not receive a single dollar even though the money is supposed to be to support myself? Have lived on my own and didn’t go to college. She received 6,000 in arrears from my father is she entitled to keep all of that from me???
Child support is paid to the parent until the child is 21. If the monies your dad is paying is arrears, then it is money that was due while you were living with her. The money is due to her.
The question isn't clear. However, if you are asking when the statute "runs its course" to mean the last date that arrears can be sought, then the answer is 20 years from the last date that support was due. That would be a defense in an action for arrears and would only be used at that time.
Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.
We live in New York.
She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.
My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?
He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.
He would need to subpoena his doctors in to testify that he can't work. Has he filed for disability? He has to prove to the Court that he cannot work and it is not an easy thing to prove.
The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »
The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »
My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.
For all the time he has been in the United States (specifically NY for over 40... Read more »
Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he... Read more »
All daughters do not agree. The oldest thinks she has the final say and other daughters are not allowed to take her to get vaccinated without her approval.
The short answer is no. Mom makes the decision for herself and the other daughters can help mom get vaccinated if she wants to. The POA only gives the daughter the ability to act in mom's place for those things she was designated to do (usually financial matters), it is not a power over the mom.
I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... Read more »
If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... Read more »
My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »
The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be... Read more »
I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What... Read more »
You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not... Read more »
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