Get free answers to your Family Law legal questions from lawyers in your area.
I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More 
answered on Feb 7, 2025
To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More
He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More
answered on Feb 7, 2025
The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More
Twenty-six years ago, I was in a relationship with a woman who claimed she was pregnant with my child. When I requested a DNA test to confirm paternity, she became furious and refused to cooperate. Now, twenty-five years later, my daughter has reached out to me, saying her mother told her I am her... View More
answered on Feb 7, 2025
I infer the mother never started a child support action against you, so no support order, much less arrears, was ever put in place. It is highly unlikely that the child, now an adult, can request child support from a court. I cannot think of an exception, but to be sure, contact a local family... View More
answered on Jan 28, 2025
You need to contact both the Judge and the court appointed attorney to explain your situation. If their is sufficient time, the Court may grant you an adjournment. However, the Court may state that it is too late to get an adjournment. A lot of this depends on the Judge and all the circumstances.
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Feb 19, 2025
I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.
Ownership & Access Rights
Since you are still a 1/4 owner of the property under... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
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answered on Jan 23, 2025
If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
answered on Jan 23, 2025
When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises... View More
Me And my wife separated in october. I decided to stay at my parents because it was easier on our daughter. We rented from her parents and I had most of my possessions at the house still. They decided to either throw everything away and her father kept my tools and other things. Is this legal? I... View More
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answered on Jan 20, 2025
I'm sorry to hear about the difficulties you're facing. Understanding your rights in this situation is essential to addressing the loss of your possessions and any potential legal remedies.
In New York, separation does not dissolve the marital relationship. While you and your wife... View More
Me And my wife separated in october. I decided to stay at my parents because it was easier on our daughter. We rented from her parents and I had most of my possessions at the house still. They decided to either throw everything away and her father kept my tools and other things. Is this legal? I... View More
answered on Jan 28, 2025
The short answer is "no", your wife and/or her parents do not have the legal right to throw away your personal property (possessions). However, in a practical sense, you need to prove to the court exactly what personal property you had and what it was worth. Most of the time, personal... View More
I'm a non-marital child trying to establish parentage of my father
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answered on Jan 20, 2025
I'm sorry to hear about the challenges you are facing in establishing parentage. In New York, proving parentage for a non-marital child can be legally complex, particularly when relying on the requirement that the parent "openly and notoriously acknowledged the child as his or her... View More
Example one:
Parent is accused of being mentally unstable and a danger to the child by other parent and mother or father in law. Accused parent undergoes independent mental health evaluation and is found to be stable and of no danger to anyone. Documentation is ignored and access to the... View More
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answered on Jan 20, 2025
Parental alienation is a complex and contentious issue in family law, and the examples you provided raise concerns about actions that could fall under this category. In New York, parental alienation refers to behaviors by one parent that intentionally undermine or interfere with the relationship... View More
So I was married in NY state in 2019 and later started an uncontested divorce in the summer of 2021 due to a break down. I did my portion of the paperwork and gave my spouse his portion to fill out as he decided to leave me and relocate to WI. He reassured me he would take care of his portion and... View More
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answered on Jan 20, 2025
Navigating the legal and emotional complexities of this situation can undoubtedly be stressful. Addressing accidental bigamy in New York requires a clear understanding of state marriage and divorce laws and the appropriate steps to correct your marital status.
Legal Context of Bigamy in New... View More
end when my son turns 22 yrs old. Can my ex wife bring up any issues she might have, other than child support, during this appearance? And if she does, am I obligated to or will the judge force me to address the issue without counsel?
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answered on Jan 20, 2025
I'm sorry to hear about the uncertainty surrounding your upcoming court appearance. It’s important to understand the scope of the proceedings and your obligations during the hearing to ensure you are prepared.
In New York, when a petitioner files a motion to terminate child support,... View More
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answered on Jan 20, 2025
I'm sorry to hear about the difficulties you are experiencing with your ex-partner regarding communication with your son. Situations like this can be distressing, and it's important to address them both legally and constructively to ensure your parental rights are protected and your... View More
answered on Jan 8, 2025
You are presumably not a grandparent of the child. It is unknown who has custody of the child now. If you, as a non-parent were actually eligible for "joint custody" with a parent, that would have to be sanctionedy by a superior court, such as Family Court. It is also not known what it... View More
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answered on Dec 30, 2024
This is a superb question rarely seen here on Justia. This question asks what is the effect of an order of custody and visitation, and the answer requires some explaining.
The order of custody and visitation is not an order for a parent to see his child. To the contrary, the order applies... View More
Only gave $100 a week in support now he has stopped I provide everything can I get child support and spousal support
answered on Dec 27, 2024
Support, both child and spousal, is dependent on your respective incomes. New York requires a non-custodian parent to pay child support until the child is 21 unless a child is independent. You need to speak to an attorney to determine your specific issues.
If me and my Hopefully soon to be ex-husband have an agreement and have it notarized that we agree upon a divorce and there’s no assets to be sat child custody, and everything is already taken care of and no spousal support being asked or assets that need split And have it notarized by a notary... View More
answered on Dec 25, 2024
You can file for an uncontested divorce but you need to file the proper paperwork with the appropriate language. Also, a simple notary is insufficient. The agreement has to have an acknowledgement. You should hire an attorney to do the proper paperwork.
Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?
answered on Dec 19, 2024
Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.
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answered on Dec 15, 2024
The pension in New York is governed by the Majauskas formula the months of the marriage over the months of employment x 1/2. Maintainance or alimony is governed by a statute analyzing both incomes and producing a a result. Get a good divorce lawyer and these beneficial legal rights will be... View More
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