James Anthony Defelice's Answers

What does file a wriit mean in family court? The judge said I should .

A writ in family court usually refers to a petition that you file in order to have your child returned to you. For example, assuming you are the custodial parent, the other parent refuses to return the child to you, you would need to file a petition with the family court for the return of your child. LEGAL DISCLAIMER Mr. DeFelice is licensed to practice law in NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of...

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How is child support determined

Earnings from personal injury settlements are generally not deemed income attributable to the other party for Child Support purposes. Only if she received a settlement that was payable as lost wages will it be considered. Usually such payment will not be designated as such. Regardless of her settlement, you are seeking modification and thus have to prove a change in circumstances based on your loss of income. When seeking modification based on involuntary loss of income one should be...

Can I stop paying child support when child turns 21

First, is there a Court order directing Child Support payments? Does that order or any prior orders limit support until the Child turns 21? Second, is there a Separation Agreement or Divorce Agreement that discusses the issue? Usually Agreements will contain a definition for emancipation. If your Child meets the definition for emancipation then support should cease. Third, if there is an Income Wage Deduction Order in place (is your income garnished by the Child Support Collection...

Under NY alimony laws can my ex husband seek back pay for alimony and child support

First, in New York Supreme Court and Family Court Orders that provide for Child Support or Maintenance (Alimony) can only be modified by the Court. In some instances they can be modified only an agreement signed and acknowledged by the parties and notarized. A verbal agreement is insufficient. Second, Child Support can only be modified from the date that one petitions the Court to modify support based on a change in circumstances. Meaning if you file a petition to modify a support order...

I am on disability lung cancer a creditor had sherrif come and take my car worth 800 now cant get to doc. what can I do

I am a New York attorney but many states have similar laws. In New York certain items are protected from judgments including vehicles worth $600.00 or less. The law may be similar in your state. In such a case you will have to file an action in Court to recover possession of your vehicle. Also in New York they have a program called Access-A-Ride that is free for disabled people. It is essentially a bus service that you call in ahead of time and schedule for pick up and drop off at...