During a divorce in NY who claims the children the custodial or non custodial parent?
I agree with the above answers. I also suggest that you consult with a tax professional before making the final decision as the deductions may impact your tax obligations differently from your spouse's tax obligations.See question
however he wants the kids to remain with him throughout the week and i will be able to get them as I please - so if i want them to come over a couple days durning the week i can he says. is this something i shouljd agree to or shouljd we have set ...
You should consult a divorce attorney as this question has many issues. You can agree on a flexible schedule, but, should spell out a “minimum” schedule in the event that you and your spouse ever disagree on the schedule. it appears that your spouse is asking to have “residential” custody, which impacts other issues such as child support, dependent deductions for tax purposes. You should consult an attorney before agreeing to anything.See question
What can I expect in terms of settlement if it goes to court: Child support? (How much % of salary? Until child how old?) Alimony? (How much % of salary?) Any other expenses?
you should consult with an attorney – more information is needed. generally, you will pay child support (assuming she has custody) and there is a formula for this (17%), but, there are limits, generally until the child is 21 y/o, plus certain "add ons". you may have to pay spousal support, but, there are many factors to consider including your income, her ability to work, etc. If the case goes to court, please note that you may also have to pay her counsel fees since you work and she does not. again, more information is needed to provide more guidance.See question
My oldest is leaving and now the child support comes into question. I have over paid every thing and kept up all my obligations. She never ever followed the court schedule for visitation, Can I use this for contempt or breech of contract???
You can seek enforcement of any stipulation or court order which may include a claim for a default or a breach of the stipulation or agreement. But, it is unclear from your question as to who was paying what, i.e. were either of you paying child support? When you say leaving, is the child emancipated, moving out, etc.? more information is needed to give you any feedback. I suggest you consult local counsel.See question
I need an international appraiser for a house in Algeria. If possible the appraiser should be able to testify in court as well. Does anyone know any international appraisers that they would recommend?
you may also want to find a local attorney where the house is located - they may be able to assist you in locating an appraiser. another thought - can both sides agree on an appraiser - it may be costly to bring such an expert to court to testify.See question
My parents divorce decree(from over 20yrs ago),states that my Father is to pay for ALL of my college.When accepted to a University(11 yrs, ago),my Mom insisted I go.My Dad insisted he could not afford tuition.They decide:My Grandma(Mom's Mom),woul...
i am sorry to read about your situation, which is somewhat complicated. I strongly suggest that you take the agreement, if you have a copy of it, to a lawyer to review, along with copies of the loan documents which you state that your mother forged. There are many issues to address which will require a review of the documents. one issue that may be relevant is when you became aware of the loans and forgeries. I suggest you speak with an attorney as soon as possible, especially given the amount of time that has already passed as it may already be too late to assert the claims.See question
This couple was living together for 9 years but they are not legally married. They have two kids: the boy is nine years old and the young girl is two years old. He used to drink and beat her. He doesn't have a job, just her. She found out that he ...
I agree with the other answer, it depends on the boyfriend, his history, etc. if he is a danger to the children, or has a “questionable” history, it could be used against her. She should consult with counsel immediately to determine her rights. Also, many counties have coalitions against domestic violence and/or other support groups that could be helpful for her too. The local family courts often have the contact information, and representatives are sometimes available in court. I suggest maintaining a file with dates and times of incidents, police reports, and that she seek medical assistance and keep those reports too. Good luckSee question
I need a document or verbiage to make an addendum to a separation agreement that was used as the divorce papers for my husband's ex-wife to relinquish all rights to the house they own together that we currently live in and pay the full mortgage on...
Assuming the ex is agreeable, your husband should contact his divorce lawyer to draft it, or another local attorney. any such "addendum" should address the terms and conditions of the existing agreement, and set forth the revised terms and conditions. most agreements have language stating that any subsequent agreement must comply with certain requirements to be binding. He needs to avoid inconsistencies between the agreements. Good luck.See question
Do i still need to file for annulment for a bigamous marriage? How much for lawyer's fee in New York? Do i have to be atleast a resident for 1 year before I can file for annulment? I left my "husband" after finding out that he's still legally marr...
In New York, a bigamous marriage is void and is a crime. Since the marriage may be void, you may not even need to seek an annulment. You should consult an attorney as a detailed review of the facts is necessary to give proper advice. Also, I agree with the other answer that this may have a serious impact on other aspects of your life, such as health insurance, etc. So, please consider all of the issues. Good luck.See question
My ex-husband is a lawyer and wants to serve me to change our divorce agreement. Our child related expenses are pro-rata based on income. I currently make more than him as a physician but our incomes were the same at the end of my residency when w...
It sounds like he is seeking to vary the child support arrangements. To do this, he must be able to establish certain things, which differ depending on what is in your agreement and when it was signed. the court can also “impute” income to him based upon his earning history, but, to establish this certain proof may be necessary. I suggest taking your agreement back to the attorney that helped you when you went through the divorce, or consulting with a new attorney. A review of your agreement is appropriate, and more facts are needed, such as how long has the agreement been in place, how much has his income and your income changed, etc. Good luckSee question