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Mark Green’s Answers

43 total


  • Cannot get my ex husband to pay child support. he is in arrears for three years. I have been to family court numerous times.

    he is self employed. owns cottage on a lake in n.y.,owns property in florida, owns two companies that I know of, owns few cars, travels, I cannot afford an attorney or a private investigator. I was told in family court that I am not entitled to le...

    Mark’s Answer

    You really need the assistance of an attorney, for too many reasons to list here. Having said that, there are some things you can do on your own. You will have to file a violation petition at Family Court. Make sure that you file a petition that has CONTEMPT language on the first page. Without this language, you will not have available to you all the avenues of enforcement that you may be entitled to help you resolve this. Look on-line for the petition forms on the NYS court website. (The forms at Nassau County Family Court may not have the language.) With this contempt language he can be jailed for up to 6 months if he is found to have willfully violated the order. This may give him an incentive to pay. Also, you may be able to get the Support Magistrate to order that he pay your legal fee, if (and you should) you hire an attorney. Finally, if you get a judgment of arrears, you can docket the judgment and try collect against his assets. You really need an attorney who knows how to prosecute such a case and who can help you collect on a judgment. By the way, it is correct that even if you are indigent, you will not get an assigned attorney to prosecute this case. In support matters, the general rule is that only a person who is subject to incarceration will be able to obtain assigned counsel if qualified as indigent. Good luck. Consider consulting with an attorney from this website or on your own.

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  • My cousin has sole custody, she is denying me all contact. Does she have the right if visits are at her discretion?

    My cousin instigates arguments and then doesn't let me see my 7 yr old son. The order states: she have sole custody and visitation shall be unsupervised at her discretion. I originally was seeing him every other Saturday for 5 hrs unsupervised. Sh...

    Mark’s Answer

    Without seeing the terms of the order, and without more background information, it is difficult to give you a more specific answer. However, if the order says you get visitation as agreed, the fact that you can't agree and that she is withholding visits, will likely give you the change in circumstances that you need in order to file a petition to modify custody/visitation. You should probably consult an attorney and file a modification petition, if that is appropriate.

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  • Sister-inlaw filed a order of protection in family court and lied on documents

    the false statement on the document is she wrote i live at another address but we live in same household in which i own. they issued her a full stay away and i can not go to my home. what do i do? she is in a divorce with my brother and lived ...

    Mark’s Answer

    If you lived in the home, and the temporary order is a 'stay away' then you are entitled to a quicker hearing. You really need to consult an attorney to help you in this matter to preserve you rights.

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  • Do the courts calculate overtime into your child support payments? What other factors do they courts take into consideration?

    I already pay 17% of my child support for my son. I work overtime at my job from time to time but it is not guaranteed pay each month. I have a wife and two children I need to support as well. If my child's mother takes me back to court for mor...

    Mark’s Answer

    Yes, all income is included. Even if overtime is not guaranteed, it might be fairly predictable that you will earn a certain amount each year. If you think overtime will dry up, or is too inconsistent, you may be able to show that the court should deviate from the presumptively correct CSSA amount.

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  • What is the legal definition of "Under the influence of Alcohol"?

    My ex has put an Order of Protection against me stating i must 'stay away from my daughter if under the influence of illegal drugs or alcohol.' I don't do illegal drugs and don't drink to excess, but in this context, what does 'under the influenc...

    Mark’s Answer

    If you are satisfied with your attorney, you should retain for this matter also. Your attorney would review the petition and it is not unusual to find a defect that would require the court to dismiss. If you have to proceed, you can decide later between trial or taking an order on consent. Also, your attorney may negotiate with her attorney for a withdrawal of the family offense petition, especially since there is a pending custody matter. Where such issues can be addressed. In the meantime, I would tell you not to consume alcohol in front of the child and to make sure sufficient time elapsed between the time you last drank and the time you are with the child, so there is no question that you are not under the influence.

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  • Famiy court petition

    When a parent files a family court petition against the other parent for custody and then refuses custody is that against the law? What is that called specifically the legal term for it? (Why he refused custody it's not important he's nuts. The...

    Mark’s Answer

    As a practical matter, if he filed and then no longer wants custody before there is an order, then he can withdraw his petition or it may be dismissed. If the other parent filed a petition, that parent should be granted custody. I don't know that there is a specific legal term for his actions and I don't know why calling it by some legal term would be more important than the outcome -- that is, that the other parent will be granted custody. Good luck.

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  • Is it possible for a parent to sue their own kid for constantly screaming at them?

    Can a mom or dad send their kid to jail, even if the kid is over 21 years old?

    Mark’s Answer

    You also have the option of going to family court and filing a petition for a family offense. It is a civil matter and you may be given an order of protection if you prove your allegations. There is no incarceration unless the spoon dent violates the order. You can file on your own, but would be better off with an attorney if you have to go to trial.

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  • I was told my son fathered a baby, 3 1/2 yrs later I am told it's not my grand child now I am denied contact, what are my rights

    The mother & baby moved into my home straight from hospital & lived with me for 9 mos. I took care of my grand child for 17 mos before starting school. She's my 1st grand child. I picked her up 3x's a week from school & kept her. She s...

    Mark’s Answer

    Your son should file for paternity if he is not already the legal father, either by having signed an acknowledgement of paternity or having previously received an order of the court. If he has been in the child's life and has been recognized as the child's father, there may not be a need for a DNA test, and the court may declare him the father by 'estoppel' -- a legal term that disallows him or the mother from denying his paternity of the child. As to your rights of visitation, your son can allow you to visit with the child, once he is declared, but you also may have your own right of visitation based upon your own history caring for the child. You really should see a lawyer to help you.

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  • What is the cutoff for child support ? my daughter and her mom live in GA for the last 6 years and she is turning 19 ,

    My daughter is turning 19 and has a yrs old son . my daughter has not been in school for the last 2 years . when would I he able to stop child support . I have been married for midyears and have 3 children ?

    Mark’s Answer

    If the support order was from NY, then even if the order is modified by the new home state for purposes of increasing or reducing the amount of support you pay, it will still continue until 21 based upon the original NY order. Also, as the others have said, it is possible that your daughter is emancipated, but the circumstances that constitute emancipation are a little more complicated. It is always a good idea to consult with an attorney who can advise you based upon all the facts that are specific to your matter. Good luck.

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  • DOES THE FATHERS NAME HAVE TO BE ON BIRTH CERTIFICATE TO COLLECT CHILD SUPPORT?

    My daughter got pregnant from boyfriend and due this may, does his name have to be on birth certificate for her to collect child support? Seems like he doesn't want her to put his name on it and he says he will take care of her and the baby which ...

    Mark’s Answer

    Both parents, if unmarried, must sign an acknowledgement of paternity after the baby is born. If signed, that establishes paternity. If not, your daughter will have to file a petition in family court to establish paternity. If there is no acknowledgment or order of the court, his name should not appear on the birth certificate, and if it did, it would not be sufficient to establish paternity. Yes, generally, your daughter can give the child her last name. See an attorney if he does not sign and you are considering going to court. Good luck.

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