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Wilson Soto

Wilson Soto’s Answers

5 total

  • Where does my son attend school?

    Me and my ex entered into a open court stipulation, which was incorporated into our divorce agreement. we have Joint custody, with the residential aspect with her. The stip/ divorce judgment states. " for school purposes the child will be deemed ...

    Wilson’s Answer

    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.

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

    my boyfriend is on probation,and we live together.We have a 2 month old son together and my 2 sons from my marriage reside here with us.Recently my 17 year old got in trouble and will be on probation also,My boyfriends officer said that he has to...

    Wilson’s Answer

    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.

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

    I divorced 3 years ago and remarried last year. my ex husband whom i have 4 kids with hasn't paid child support n we have a court case in 30 days. if I open a business will it affect my case. I have been divorced from him for 3 years. I am not r...

    Wilson’s 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 of custody and visitation. Even deadbeat parents have a right to visit with their children. Courts are loath to punish children from having a relationship with their parent - even if that parent is a financial deadbeat.

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

    My ex is self-employed, and is currently 6 months in arrears on support. I have filed numerous violations but they just tack his arrears amount onto the new amount and they still don't get collected. Support and Collection basically tell me I ca...

    Wilson’s 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 of up to 6 months. This is usually enough presuure to make someone pay up.

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

    I have recently learned that my husband is telling my daughter about the divorce case, that he has no money because of me and is telling her that I will have him put in jail if she tells me what he says to her. I want to go to family court immed...

    Wilson’s 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 (unless the Supreme Court Judge refers the matter to family court - not common). Depending on the severity of the communication and its impact on the child's well-being, then 'supervised visitation' may be warranted until the behavior stops. Your request for a modification of the existing visitation arrangement should be commenced by way of Order to Show Cause before the judge presiding over your divorce case.

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