David Ivan Bliven’s Answers

I would add that if he did not file & serve an Answer to your Complaint - and assuming you properly served him - you may simply move for a default judgment. I would suggest you schedule a free consultation with a NYC Divorce lawyer.

Many attorneys feel (myself included) that we cannot "ghost-write" a brief, and then have you sign off on it. Either the attorney would need to be hired for the case, or you would need to do the research yourself. If you need it for some other purpose, that's another thing. Thus, you're encouraged to schedule a consultation with a NYC Child Support lawyer to explore the issue further.

Per your post yesterday, you are posting your question in the wrong category. I'm just trying to save you time by pointing you in the right direction. Since it is your brother-in-law's house & his phone, he is not committing a crime such that you have a remedy in Family Court. Once again, you're encouraged to re-post your question in the Elder Law category to see if there's a remedy there.

You are still obligated on the order. In terms of correcting the order, you can simply notify SCU of the discrepancy or file a petition & get the Magistrate to amend the order. In any event, should you have further questions, I encourage you to contact a Bronx Co. Family Law attorney.

If he is that hostile, collaborative law doesn't seem the way to go. You're of course free to raise these concerns to the collaborative law attorney. But you're best advised to schedule a consultation with your own NYC Divorce attorney.

First, it's not exactly accurate to say that one cannot take ANY money out of a joint account after the filing of a divorce. Instead, the automatic orders state that one cannot take out more than is customary to spend on ordinary living expenses. If he took out more than that, then yes, he may have arguably violated the order. That said, neither small claims court nor Family Court would have jurisdiction over such a claim. If you cannot afford an attorney, you may contact Legal Aid and/or...

You would probably be able to make out a cause of annulment, either on the grounds that he lacked sufficient "understanding" of the proceeding and/or because of his "physical state." If this is your intention, you should move to annul the marriage immediately, however, as the longer you go, the more a Judge may believe that at some point you "ratified" the marriage. In any event, I encourage you to schedule a follow-up consultation with a Bronx Co. Divorce attorney.

You cannot do it in Family Court as that court does not have jurisdiction over property issues. You will need to file an order to show cause and attach the appropriate exhibits. As to whether you can do it yourself, you're best judging that after you've had a consultation with a lawyer. Thus, I encourage you to schedule a free consult with a Westchester Co. Divorce attorney.

If that's his sole piece of evidence, the Judge would wish to hear from you as to the context. It's basically a credibility call on the part of the Judge to determine whether it was a "real threat" or whether you were just blowing off steam. Thus, I highly advise you to consult with a NYC Domestic Violence lawyer.

I'd highly suggest to do 2 things - (1) file a petition to modify the support order, and (2) file a custody petition. Assuming there was a valid reason the child wasn't with the mother in the first place, you may be putting the child at risk of harm if the child continues to live with the mother given what you've related. Ultimately the support court may simply change the payee (or recipient) of support, but not necessarily terminate it unless custody goes to you. Nevertheless, I encourage...