Wilson Soto’s Answers

Wilson Soto

Yonkers Family Law Attorney.

Contributor Level 6
  1. If I open a business will it affect my pending child support case in Yonkers NY I understand Yonkers has different requirments.

    Answered about 4 years ago.

    1. Wilson Soto
    1 lawyer answer

    From the fact pattern that you have presented, it apears that your financial status will not have a material impact on the courts determination of how much basic child support he must pay. Your increased income may affect the ratio in which you and your ex must pay for child support add-ons, such as child care or unreimbursed health care, but will generally not affect the basic child support requirement. On another note, family court generally does not mix issues of child support with issues...

    1 person marked this answer as helpful

  2. Where does my son attend school?

    Answered about 4 years ago.

    1. Wilson Soto
    2. David Alexander Browde
    2 lawyer answers

    You can either file a motion for contempt in supreme court for her wilful violation of the terms of the incorporated stipulation or you can proceed to family court and file a 'violation petition' which has the same basic effect.

  3. Can probation, tell a spouse that the cant live with each other???

    Answered about 4 years ago.

    1. Wilson Soto
    2. David Perry Davis
    2 lawyer answers

    The general anwser is yes... probation has a lot of discretion in determining who you can relate with (drug dealers, gang memebers, etc.) ... but for a more specific anwser, you must look at the probation order signed by the judge at the time your boyfriend was sentenced. That will list the powers and authority that the probation officer has over your boyfriend.

  4. How can I get the Support and Collection to enforce suport when my ex is self employed?

    Answered about 4 years ago.

    1. Wilson Soto
    1 lawyer answer

    It appears that your spouse has made himself judgment proof, which hampers the ability to collect child support through means such as wage garnsihment, property levy or tax intercepts, just to name a few. If your spouse is 6 months in arrears for an existing support obligation, then you need to commence a 'violation petition' with the family court (see their official forms on their website). If he is found to have "wilfully" violated the child support order, he can be incarcerated for a period...

  5. Can I go to family court to modify the current visitation order in effect from IDV court, my case is still pending in IDV.

    Answered about 4 years ago.

    1. Wilson Soto
    1 lawyer answer

    First thing you need to do is to inform the child's law guardian about this situation. If there is no law guardian, then make sure you get one assigned to your case so that he/she can raise these issues on behalf of the child. If you are in IDV with a pending criminal matter and divorce, then you cannot go to family court to modify the existing order. Once you have a divorce matter pending in Supreme Court (IDV), then family court is divested of jurisdiction during the pendency of the action (...