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Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More 
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
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answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?
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answered on Nov 4, 2023
Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's... View More
I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?
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answered on Nov 4, 2023
In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details... View More
I filed an i-130 petition for my minor children as a lpr but i become a citizen and petition is still pending a decision my son is above 21 when i become a citizen but i filed as a lpr for F2A category but uscis upgraded the category to F-1 i initially filed the petition from new york but later on... View More
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answered on Nov 4, 2023
The Cuthill v. Blinken decision in the Second Circuit may be relevant to your situation, particularly if your case would benefit from the application of the Child Status Protection Act (CSPA) to lock in your child's age as under 21 at the time you filed the I-130 petition. Since the petition... View More
I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More
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answered on Nov 4, 2023
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
answered on Oct 25, 2023
While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More
I, along with my partner who is also 68 and suffers from advanced Alzheimer's Disease, resides in the home of the decedent whose house is in reverse mortgage. The deceased has six other siblings, three deceased. The house value is close to the outstanding balance on the reverse mortgage. I... View More
answered on Oct 19, 2023
A proceeding will need to be commenced in Surrogate's Court.
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I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.
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answered on Oct 17, 2023
To show that the Osceola County school district is a good choice in a relocation case, you can focus on its academic performance, programs and services, teacher quality, and facilities. You can gather evidence such as academic rankings, test scores, teacher qualifications, and photos and videos of... View More
I'm starting a relocation case, in the hopes of moving my daughter to Florida. I need to prove the Florida school district is a good choice.
answered on Oct 17, 2023
It is all about the statistics. You need to present statistics about graduation rates, college acceptance rates, national test scores, etc. Best if you hire a lawyer.
Been married since 2010 to present having endured physical abuse, deformation, parental alienation and ears of narcissistic controlling behaviors, having to endure having numerous affairs, these individuals living in the homes with my children, while the narrative of being a single mother is... View More
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answered on Oct 14, 2023
Unfortunately, America's laws were not written with emergencies in mind. Our current economic situation with core inflation at 5% and rising means were are entering a recession, and jobs are going away, wars are starting up, cost are escalating, and there is no end in sight until a new... View More
I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check
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answered on Oct 14, 2023
This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.
We also... View More
Four months
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answered on Oct 13, 2023
Yes. Grandparents in New York have the right to seek visitation with their grandchildren if they can show that they have a substantial relationship with the grandchildren and that visitation is in the best interests of the children. If the grandparent can show that they have a substantial... View More
We have been married 5 years and both got our current jobs after marriage.
She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?
answered on Oct 6, 2023
You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More
My order is written that the custodial parent is to send any uninsured medical receipts to me within 2 months of service. If i receive receipts later than 2 months of the service date, I may reimburse when I am able. My question, are there any case laws showing that if receipts are sent late one is... View More
answered on Oct 6, 2023
The order as you recite it speaks for itself, the debt is still owed. If this has demonstrated to be a hardship you think the court would buy, then you and your attorney should seek modification of the order that late notice relieves you of the debt.
This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More
answered on Oct 5, 2023
You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.
answered on Oct 6, 2023
If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More
we sold a house and the will has beneficiaries. One beneficiary cannot be found. Postal returns the letters to the sender. Does the money for this particular beneficiary is set aside. There are other beneficiaries. Will their money be delayed until the beneficiary is found.
answered on Sep 20, 2023
An attorney in the Probate category would have insight into this, but your question remains open for a week. This doesn't look like something that family law attorneys (the category under which the question is posted) work with. Some questions go unanswered, but you could try reposting under... View More
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