Skip to main content
Deborah G. Fiss

Deborah Fiss’s Answers

662 total


  • Can you apply for back child support on teenagers if you just in their teenage years started receiving support

    Mother of 2..Just recently applied and started receiving child support on 1 teenager. However there is 2 teenagers in the home with the same father (1 was incarcerated during the case). Is there a statue of limitations on applying for back child s...

    Deborah’s Answer

    Child support is always retroactive to the date one files. Hurry up and do so!

    See question 
  • How do i get the judge to take my case seriously

    over a year ago i moved from NY to fl with my at the time 3 year old son there was no order on place between me and the father just a mutual agreement for him to see him and he rarely showed up. because i moved without courts permission they made ...

    Deborah’s Answer

    There must be a lot of details here that need to be discussed fully with an experienced professional. The circumstances of your leaving in the first place are important as are your ideas about how and when you would see the child. You may be best off moving back to the jurisdiction if you would like to resume custody. Important that you get in an see an experienced attorney to discuss various options who could advocate for you before the Court.

    See question 
  • Separate property divorce

    My spouse has exclusive occupancy Of my separate property that I inherited priory to marriage there are 2 young children involve. My lawyer ask me to voluntarily agree to the motion of exclusive occupancy pente lite. He promise me that I will get ...

    Deborah’s Answer

    • Selected as best answer

    More information is necessary in order that your question is properly answered. The characterization of your "separate property" may have changed depending on your spouse's involvement over the many years. It is very important that you have at least a good consultation with an attorney who specializes in this area of law. Even better would be to hire an attorney to help you navigate this in front of the judge.

    See question 
  • Is my ex allowed to take our son on school field trips without my permission?

    We have joint custody, but I have residential. He has visits every other wknd, Thur eve and every Tue. Also, 2 non-consec wks in summer. All of school time is during "my time" with our son... He needs my permission to pick him up, so wouldn't the ...

    Deborah’s Answer

    It depends on the order. However, the teacher will eventually see he's not in earnest so you should be able to go.

    Try not to put your child in the middle if you can help it though as it sounds like you have a very strained relationship with the father and you wouldn't want your child feeling pulled.

    See question 
  • Mg kids havent seen there mom in 2/years. Now she wants visitation. Will.a judge grant it

    I have 4 kids full custody she saw kids one or twice. She never showed to court once and i won bye default. Her visit got suspend. But i moved and i told the judge she saw kids once or twice be granted her visitation as the pary may agree. Can i t...

    Deborah’s Answer

    The Courts prefer that children have relationships with both parents. Therefore, they will always encourage that the children spend time with their mother in an appropriate way.

    Sounds like you should consult with an attorney who could help you present the case so that supervision is considered and also with a clause that the visits stop if she doesnt' show.

    See question 
  • If a noncustodial parent takes the Mother to court but does not adhere to all of His request ?

    Petition states all of his demands but he does not follow and the courts in NY really do not enforce so Why is this mistake happening? Do the courts really know what some men motives are? I dont think they really. If you break your neck to keep th...

    Deborah’s Answer

    Your question is confusing, but, if you are saying the court did not review all of the requests, that is because the requests may not be appropriate or were not raised in open Court.

    If your concerns have to do with your request to move out of New York with the child, the Court weighs all of the factors to determine what is best for the child and if the father supports the child financially and has an ongoing relationship with the child on a weekly basis, it is hard to convince a judge that the child would be better off living away from the father if that's your goal.

    See question 
  • How can i object a petition (Violation of Support Order) filed by my son's mother?

    My son's mother filed a Violation of Support Order after my wages have already been garnished. I have proof of pay stubs to prove otherwise. I want to object her claim of a violation -How can i object the claim filed by her? -What is the name ...

    Deborah’s Answer

    Responsive papers need not be filed in Family Court.

    Simply bring proof of payment.

    See question 
  • How often can the mother go back to raise child support? Does more time with him effect this? What if I have him more sometimes?

    We have a child together, it is split about 40/60 on paper. Now that my child is in school- and the time he is at school is not counted (last time we went to court it was agreed that only time spent with the PARENT counts- not the babysitter- not...

    Deborah’s Answer

    Child support is not based upon "hours" but on who is considered the residential custodian which in this case seems to be the child's mother.

    The law as amended in October, 2010 permits child support to be revisited every 3 years, if there is an unanticipated change in circumstances, ie an injury and someone cannot work, unemployment, or if there is a 15% or more change in income.

    Hope this helps, although maybe not what you wanted to hear.

    See question 
  • Can i get my child support obligation lowered?

    I know i should meet with an attorney but as a general question: my 19 year old son lives with his mother. He works 2 jobs which is full time. I still pay full amount weekly. Am i still obligated to pay her to support him or does it depend on if h...

    Deborah’s Answer

    One of the emancipation events is the child working full time and if he earns enough to be self-supporting, you should most definitely file a petition to be exonerated from the obligation.

    See question 
  • I have joint custody but I am the custodial parent, the dad moved out of state do I have to allow child to go our of state?

    My 2 year old daughters father recently moved out of state and has petition for visitation of our child to go out of state with him. Do I have to allow this? I don't think its safe for her to be in another state with him.

    Deborah’s Answer

    While the Court might agree that the child should be a bit older to be out of state, depending upon how far that "state" is, inevitably, he will be able to take her since she needs to have a relationship with him.

    Best if you consult with an attorney to better understand the process and prepare yourself for it.

    See question