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Supti Bhattacharya
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Supti Bhattacharya’s Answers

18 total


  • I am currently the custodial parent and my ex owes me 15,000. My daughter is 17 and wants to move back with her mom and we have

    I am currently the custodial parent and my ex owes me 15,000. My daughter is 17 and wants to move back with her mom and we have court date coming up.Will the court make me pay child support even though my ex owes me over 15,000 in arrears? State i...

    Supti’s Answer

    Child support is the right of the child and must be paid on a current basis so that her current needs can be met. If your daughter lives with your ex, you may have to pay child support based on a Court Order resulting from that change in circumstances, which your ex would have to seek. However, you should seek enforcement on the arrears that she owes you, as that money still needs to be paid to you.

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  • If i receive Alimony from my Husband and that is my sole income due to being unable to work can child support be pulled?

    I have a daughter who is 18 years old. I am receiving Alimony. Can a portion of that get pulled for child support if my husband decides to fight for support? Even though im unable to work and only able to live off the alimony? I am currently livin...

    Supti’s Answer

    If your daughter is not emancipated, child support may be at issue. Your son, whom I assume is emancipated, cannot be expected to pay towards your child support obligation, if you have one. Child support is calculated based on both parties' incomes. Your alimony is considered your income, and will be taken into account when calculating child support. There may be a question as to whether you cannot work due to a verifiable condition. The number of overnights that each party has the child also plays a role in calculating child support. Best of luck.

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  • Ex husband wont let child go to wedding

    I'm getting married in less then two months. My fiancee has a 7 year old daughter whom she has joint custody with. Now that our wedding is getting close her ex is being difficult saying the child cant go cause its " his weekend"...in the past ther...

    Supti’s Answer

    A judge absolutely can get involved, by way of filing a motion, which should be granted based on the facts you have presented. Your fiancée may even be able to get reimbursement for counsel fees for the need to file the motion, if there is no valid basis for the child's father to object to switching parenting time weekends. Best of luck with this.

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  • Does taking multiple selfies while driving with your 3 yr old & 1 yr old constitute child endangerment? Statute of limitation?

    I was just cleaning up an old computer and found that my spouse took about 60-90 selfies while driving our 3 year old and 1 year old. You can clearly see that the car is moving as the background is changing and the photos are all dated and time-s...

    Supti’s Answer

    The acts you describe may or may not rise to the level of child endangerment, but you certainly should retain the photos for possible use during the divorce. An attorney can discuss with you the manner in which the photos may be useful, if at all. Custody tends to relate more to current issues and behaviors of the parents, not things from several years ago. Consult with an attorney local to you to discuss what your options are.

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  • What are the repercussions I could face if I relocate my son to another state without the father's consent?

    I have physical custody, the father has visitation one day a week under my supervision. We have an order that says I cannot take him out of state for more than 28 days. Our son is one year old. We went to court and my request for relocation was de...

    Supti’s Answer

    You could have serious problems, especially if you already asked to relocate and the relief was denied. Denying relief without prejudice simply means that you are permitted to return to Court to make the application later if the situation changes. You should consult with a local attorney before taking any steps to relocate based on the facts that you have described.

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  • Can my 15 year old come live with me?

    My daughter is 15, 16 in 3 months. She has been living mostly with her dad for the past 13+ years. They live in CT. She visits me often, I'm in NJ. This summer she said she wants to move back with me permanently. Her father (although we've never b...

    Supti’s Answer

    If your daughter has been living in Connecticut for the last 13 years, that state likely has jurisdiction over the matter so the issue has to be addressed under that state's laws. Generally speaking, changing custody after such a long period of time is not easy, but not impossible. Your daughter's age may allow her wishes to be taken into account, but she is still a child so she does not dictate what will happen. Various states have requirements for changing custody and for moving children out of state. You should consult with a Connecticut family law attorney to see what options you may have.

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  • How would you go about removing a defendant's belongings after a full restraining order is granted?

    Someone I know has had a full restraining order issued against her abusive daughter, and now the daughter is out of the house, but all of her personal belongings remain. The daughter is a hoarder, so there are piles of her belongings all over the ...

    Supti’s Answer

    There are various other ways that this situation can be handled, having already tried a certified letter. It depends on what costs the mother may be willing to incur, so that she does not have to engage the daughter any further, or whether she wants to try to enlist the assistance of the local police to find the daughter and elicit a response from her as to what she wants to do with the property. Not all police departments will assist with this type of thing, however. Consulting with a local attorney will help to come up with solution options. Many attorneys provide free consultations.

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  • My wife have an affair. I wanted to divorce and keep kids...What is the best possible action? we are married in India.

    Seems like Indian law have advantages..should I file in india? what happens to child custody?

    Supti’s Answer

    Whether you are married in India or anywhere outside of the United States, you can get divorced in the United States as long as you meet the residence requirements of the state where you are filing for divorce. Whether your wife's affair impacts the divorce, and whether you will receive custody of the children depends on the laws of the state where you live. Children need both parents in general, and most Courts will not bar one parent from seeing the children absent extreme circumstances. You should consult a lawyer to see what your rights are and what the best approach is for your case.

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  • Husband, wife and kids are all US citizens. Can wife file for divorce in India if we got married there 14 years ago?

    My wife and I are US citizens. Can my spouse married to me in India in 2001 and lived with me for 13.5 years in US (California) file for a divorce in India via a family court (which is not our place of residence anymore) ? We have 2 kids - ...

    Supti’s Answer

    You should consult a divorce attorney local to where you live, who is experienced with India and US custody issues, or at least international custody issues, as soon as possible to discuss your situation. India is not a Hague nation, so you have special issues to contend with. Filing for divorce in the US before your wife files in India may have benefits, so it is important to know your rights and make litigation decisions sooner rather than later. For example, filing in the US may give the case priority jurisdiction over any case that is filed in India, which can give you leverage in having your wife return to the US to address the divorce matter here. Consult an attorney near you.

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  • Married in India and seeking Divorce in the US. Is it valid and potential immigration impacts for dependents.

    Wife on F1 and I am on F2. Both of us are in the US and wife is seeking Divorce now. Would I be out of status once the Divorce is filed? I haven't received the notice yet, since we are staying in different states, she just informed me that she app...

    Supti’s Answer

    It is valid for a person married in India to file for divorce in the United States so long as the person meets the state's jurisdictional requirements for filing for divorce. Your immigration status remains the same until your divorce decree is entered, after which you are no longer in status. You should consult a local attorney, many of whom offer free consultations, to see what options you may have regarding your immigration status. You also should consult a family law attorney local in the state where your wife is so that you can be represented in the divorce. You do not want to proceed without legal advice, even if it is only through a few attorney consultations and not full representation, during this complicated time in your life.

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