Vivien I. Stark's Answers

Not sure if I was just served divorce papers

There is no requirement that you sign for papers. Hand delivery is the required method of service in New York. They can get a default judgment and possibly force you out of your residence. You should consult with an attorney as soon as possible. You have only 20 days from the date you were served to respond to the summons or summons and complaint.

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Do I have grounds for a divorce?

New York recently enacted "no fault" divorce. You do not need your husband's consent to obtain a divorce. The new no fault ground requires you to state that there has been an irretrievable breakdown of the marriage for more than six months. If you use the ground set forth above, you would not have to allege anything concerning what you found in your husband's safe. However, if you did not use the no fault ground, I do not believe that you would qualify for divorce on the facts you have...

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Child support & spousal support when wife and the baby stays abroad. Divorce in NYC

Where the baby was born is usually not relevant to the issue of child support and custody. In order for New York to have jurisdiction to handle a child support case, there must be or have been some connection between the mother and New York. If for example, the mother never lived, worked or even visited New York and the baby was born outside the United States, New York would have no jurisdiction to originate a support proceeding. If however, the mother lives in a Country that is a...

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Can a non custodial parent be responsible for college for a child born out of wedlock to attend out of state college?

I agree with what was written in the prior post, however I wanted to add a few things. The court does not require that all payment for college be at an "in state" college. What's very common in New York is for the courts to say that there will be a SUNY (State University of New York) cap for an "away school" in an order requiring the payment of college. This means for example, that the combined maximum would be approximately $17,000 per year since that is the amount currently being charged...

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I'm remarried and underemployed. Can my wife's income be used in calculations for a downward modification of child support?

The court could impute some income from your spouse if for example, your wife was paying your bills. Instead of using your wife's income or just your income alone, the court could add to your income just the money that your wife was giving you to pay the bills. It would be extremely unusual for your wife's total income to be used for child support calculations.

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Can family court change a prior supreme court petition?

The Family Court does not have the power to challenge the Supreme Court order, however if the Judgment of Divorce does not clearly set forth a way to calculate the arrears, the Family Court will be unable to give you an arrears order. It really depends upon the language set forth in the Judgment and Stipulation of Settlement. The place to challenge the stipulation or Judgment of Divorce is Supreme Court, not Family Court. As to modification, your husband will have the burden of proof which...

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I was in a abusing relationship . is it important that the judge know about that in a nofault divoce states?

It also depends on whether you have children or not. n New York, the issue of domestic violence is required to be considered in all custody cases. Unless the domestic violence was what the court considers to be so "egregious that it shocks the conscience of the court" or you are physically or mentally disabled due to the domestic violence, the court will in all likelihood disregard it as to the issue of equitable distribution (dividing the marital assets). You may be entitled to a credit...

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Ammending a divorce decree article 9

If your child support order that was already established does not require you to pay for cell phones and extra curricular activities*, you have no responsibility to pay for those things and you do not have to file a motion. If your wife is asking for you to pay for additional costs that you do not agree to, your wife is the one who would have to file a motion or order to show cause to the court asking for additional financial relief. She would have to show a change of circumstances, not you....

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Am I responsible for Child Support for a child who has turned 18?

Emancipation is age 21, not 18. However, it is possible for your daughter to be deemed emancipated at the age of 18 if she has abandoned a parent. Abandonment could occur if your daughter moved out on her own and against your will based upon her refusal to abide by the rules of your house. You would have to be willing to have her move back to your home. It is not easy to prove abandonment and you have not stated whether you are currently paying child support for her. If you requested that...

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Is there a reasonable time frame for submitting medical bills to non custodial parent? Are braces a medical need or cosmetic?

I believe that a judge might be sympathetic to your defense if your ex-wife waited 9 years to request your contributions towards medical bills. I do not think that braces would be considered cosmetic. I think it would be considered dental. You must review your agreement and/or court order to see what the language requires. My agreements usually include language requiring the parties to use participating doctors and dentists other than the case of an emergency. You need to file in court...

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