I am always amazed at the questions from people on this site who have retained counsel - it makes me feel as if their attorneys are not doing their jobs and informing them of the matrimonial legal process. These questions are basics that should be discussed in an initial consultation.
However, to answer your question - these issues are not issues that a Summons will be dispositive of. In order to secure temporary child and/or spousal support, a motion or OSC for pendente lite relief must...
Interspousal gifts ARE marital property. "It is well established that interspousal gifts made during the marriage constitute marital property subject to equitable distribution (see, Brugge v. Brugge, 245 A.D.2d 1113, 667 N.Y.S.2d 180; Chase v. Chase, 208 A.D.2d 883, 618 N.Y.S.2d 94). "
Without seeing your papers, I am only making an educated guess that the court papers provide that he be the one to effectuate the pick-up and drop-off of the children for visitation. As such, if he is in a different state, he still must assume the responsibility of the pick-up and drop-off. Now, that being said, if the state is one in which he would have to provide air transportation to have them visit, this will likely affect the actual visitation schedule and the parameters thereof. Has he...
You should file a Motion (or Order to Show Cause) for enforcement and contempt in the Supreme Court (if it is a divorce action) OR a Petition (or Order to Show Cause) for enforcement and contempt in the Family Court (if the case originated and is still being heard there). Without additional facts, that is all that can be stated. Please consult an attorney.
Normally, in order to have a meaningful conference regarding a case, the Court requires all parties to be there so that issues can be discussed by the parties actually involved (not just their attorneys). However, your attorney should write a letter to the Court and adversary explaining the situation and request that your in-person appearance be waived (however, you will still have to be on standby via telephone).
Why are you listening to your wife's attorney? If there is a motion pending, you need to be prepared to submit opposition papers. You also need to submit a Verified Answer to the Complaint. Please retain an attorney ASAP
Whether or not it is "marital" or "separate" property, it is an asset and must be listed. Please retain an attorney - a Sworn Statement of Net Worth is a document signed under the penalty of perjury - please do not attempt this yourself.
Did you file an Affidavit of Emergency? Did you ask for a TRO? Did you give your ex and his attorney 24 hours notice pursuant to the CPLR for emergency TRO's?
You must contact the Courtroom of the Judge to find out if an appearance is required. If it truly is an emergency OSC with a request for a TRO…it is likely you will be required to appear.
Even with a final order of custody, in any case in NY, the person without custody can file for a modification of custody. As such, if you have had sole custody of your son, it is unlikely to change unless there has been a substantial change in circumstances such that a transfer of custody would be in your son's best interests. However, this does not stop your ex from filing to seek such a change - which will cause the Court to assign a law guardian and will likely increase both the length and...