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how do these situations usually turn out? is it up to the plaintiff to prove the allegations, or the defendant to disprove them?
The judgment could be re-opened based on fraud, but you have the burden of proof and there must be clear evidence of fraud. If the judgment is opened, then the financial provisions of the divorce may be modified.See question
I live with my child's father and I am looking in to moving out due to issues. Is there anything that he can do to stop me from taking our child?
If he is not on the birth certificate and if you were not married to him when the child was born then there is no determination that he is legally the father. At this point, you are free to move the children wherever you want. If you move out, you'd have to have the court establish paternity to collect child support. In order to prevent your moving he'd have to initiate proceedings to establish his paternity and resulting custody rights.See question
I have been divorced 8 years (CT). I have shared custody with my ex for our two children (11 and 12 yo). I work full time and when I am at the office and kids are home from school - he will show up and walk into my house to "hang out" with the ki...
He is not permitted to enter your home without your consent. I agree that you should return to court and make sure there is a clear order that he is not allowed into your home. Make sure you have a clear communication in writing stating that he is not permitted in your house unless you personally invite him. Separation agreements usually have some language about "separate ways": that either party may live separate and apart as if not married. In that case you could make an enforcement, violation or contempt motion if the separate ways language is clear enough. You may also want to inform the local police about this and they may go and have a talk with him.See question
Yes, you can object and the judge should sustain the objection. You should know, however, that Family Court judges have wide discretion in making evidence rulings, and may allow evidence that ordinarily would not be admissible. An anonymous email, however, should be inadmissible.See question
I worked for this caterer and the first 2 jobs she paid me cash right away. Then I worked 3 more and she said "she was going to mail me a check". I emailed her twice and also texted her my address (which she had) and asked her about my money. She'...
Contact the U.S. Dept. of Labor, Wage and Hour Division, for New York City (212) 264-8185 and file a complaint. You can also sue her in small claims court (up to $5000).See question
I live in the Bronx, New York with my daughters mom and our daughter. Not married, Only my name is on the lease and I provide EVERYTHING for the house and my daughter,(yes I saved all receipts) and pay the rent. For 2 years 2014-2016 I've been try...
You should go to Family Court and have the custody order changed so that you have residential custody. You have to follow the procedures described by the real estate attorney to have her evicted. I agree that you should have an attorney for these matters, since it is not a straightforward routine procedure.See question
My sons mother is receivibg arrersfor my 25 year old son only the juge closed my case and i want to reopen it because i believe that the judge didn't calculate my payment accurately i was never married to my sons mother
It's too late to reopen and reduce the judgment of arrears. You may be able to petition to have the periodic payments reduced, but the balance due cannot be reduced.See question
I want to go to federal court to get child custody this happened 6 years ago. Someone else has custody. In the beginning I tried all that I could to re-obtain it. I feel I was not equal under the law. I am going to sue under the 14th amendment....
You have to go to Family Court in Nassau County if that's where you live. File a petition for custody. If there is an order giving custody to another person, then you have to plead that there has been a change in circumstances and that it would be in the child's best interest to have a change in custody. The person who currently has custody must be served with the papers. Federal court does not have jurisdiction to hear this kind of case.See question
my ex is a dead beat. hes a every other weekend father and any other day of the week shes not his problem. he was arrested twice on the beginning of December for stealing peoples packages off there door steps. he also tried to commit suicide per ...
Your question doesn't say what it is you wish to accomplish. If he's a "dead beat," I assume you mean he's not paying child support. If you don't have a support order in place you need to petition the court for an order and have it enforced through the Connecticut support enforcement offices (Dept of Social Services). If there is an order, then you need to bring a proceeding to have it enforced. If you want to change the visitation or custody arrangement, then you have to bring a proceeding to address those issues. Whether or not you have a lawyer, the evidence still has to be presented in a proper way or it may not be accepted by the judge. You will have a much better chance if you have representation.See question
My husband and I are wanting to get a divorce however we do not have the money for an attorney. My husband states he is not going to pay for an attorney for himself or me. I have an illness that keeps me from working full time and I only bring hom...
The law in New York is that you would be entitled to spousal support both during and after the divorce, but you need to make those claims before the court. You can also make the claim that your husband has to pay for a lawyer for you given the disparity in income. It doesn't matter that he has decided he's not getting one for himself. As I said before, these claims have to be made to the court. Many lawyers offer free initial consultations and may be able to point you in the right direction. If that doesn't work, you could go to the courthouse where there are often help services that could assist you in drafting the proper motions. The bottom line is that there are protections available to you, but you have to learn how to ask the court in proper form.See question