It depends on the Settlement Agreement, Court Order or Judgement of divorce
I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.
They would be in the best position to advise you on that
before he moved he was providing regular payment bi-weekly (non court ordered). He then quit his job and his wife kept hers. He claims he thought he could find a job easily in his new town but it has been almost 6 months. He only picks up my son every other week from saturday-sunday afternoon and... Read more »
You need to file a petition for child support in Family Court. The court will impute an income to him - meaning that he will be determined to be capable of earning a certain amount of money and the child support award will be based on that imputed income. His wife's income is considered as... Read more »
Judge ordered Defendant lawyer to serve the Plaintiff (whom doesn't have a lawyer) discovery demand papers on or before Oct. 25th, so the Plaintiff can respond on or before Nov. 15th. The served papers were sent by Defendant lawyer via first-class mail (no registered mail or signature requirement)... Read more »
It is a minor violation of the order and not an ethics violation. If you need more time you can take the extra days to respond and explain what happened if it becomes an issue. One way or the other discovery has to be done.
She has met her biological father once and he is usually mia and wants nothing to do with her. Hes currently incarnated(hes looking at 15yrs) and has never paid any child support.my daughter is 14 yrs old and has had me in her life since 10 months old. Do we need his signature?
Based upon everything you have said, I would suggest adoption if the father will cooperate.
Ex petitioned the court went to court on the 30th of Oct. Was awarded $500 per month back in march of 2019. Ex wants it reduced and haven't been getting anything nowhere near the amount awarded. 0 month of July maybe 1 payment for August of 120 or 150. Nothing for September and 200 for October and... Read more »
y\You can file a violation petition. Until the order is changed, the order remains in full force and effect. For there to be a change to the order he would have to show a change of circumstances.
I own a car with my wife that is fairly new, it is worth ~$23,000 and the loan remaining is $13,000. she wants to keep the car, and I am OK with that but want my name off of both the title and bank loan and I want to her to buy me out for the difference owed and worth divided in half ($5,000). 1)... Read more »
The only way your name will come off the bank loan is if your ex to be takes out a new loan in her name alone or the current bank agrees to it (which is unlikely). As for the missed payment, you can make the payment and claim reimbursement for it as part of your settlement (as it affects your... Read more »
in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »
Sounds like it is a marital debt
in NY and are now expecting a child. She has left NY in August (at 6 months pregnant) to be closer to her family (against our sons wishes) for "support". She is now telling him that she would rather be single. The baby is due in a month. There is no separation agreement. What should he do and... Read more »
He has no rights at this time as the baby has not been born. Once the baby is born, he would have to file for custody and/or visitation in the state where the baby is born. As he and the mother are married, he is the father or the child and would have the rights of a parent. He should speak to a... Read more »
I want to get a restraining order against someone in New york but they are currently traveling outside the country and I don't know when they will be returning
For a restraining order to be effective, the person restrained has to be served. If the person is out of the county unless you can serve them the order is ineffective until they can be served. If they will be out of the country for an extended period of time, the case may be dismissed before you... Read more »
I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There... Read more »
In NY you can
If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic... Read more »
She had 5 children first three with her first husband last two with the stepfather. what are the children's rights and their inherit according to New York Law? dose stepfather had all the power over their real estate even with the active restraining order in place. Will he have all the power to... Read more »
The question is where were they in the divorce process. If they had come to an agreement, then that would control. If they were truly in the middle, then your mom is considered married retraining notice or not. Without a will, all the children would share in her estate according to law.
Good evening,
I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »
This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.
A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... Read more »
It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.
give me the cite of the statute which answers the question
The only time you can get a jury trial in a divorce action is when the complaint is for adultery and it is only the grounds that allow for the jury trial the equitable distribution part of the trial is before a judge only.
A 17 year old is still a minor under NY law.
I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... Read more »
That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.
Does domestic partnership have to be filed or is it automatic when people live together and can partner make medical decisions
Domestic partnership only deals with certain rights such as being placed on the partners insurance, it does not give you the right to make medical decisions for which you would need a health care proxy.
For example you can use this website in Maryland http://casesearch.courts.state.md.us/casesearch/processDisclaimer.jis
Some cases are confidential such as all Family Court cases and all Divorce cases. Beyond that you would go to e-courts and click on the court that the case is in and then enter the name you are looking for. You will get limited information on line.
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