Archived
My ex-wife has not been making the mortgage payments under our divorce agreement. It is in my name only-what can I do?
David's answer
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Answered on August 14, 2013
You will need the assistance of counsel in this, firstly. You need to file a motion to enforce the agreement and also, considering that the Wife...
Archived
Westchester: Discretionary amount of child support above $136,000 combined income?
David's answer
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Answered on August 14, 2013
Firstly, considering your combined income, I assume that you can hire an attorney and I strongly suggest that you do that.
Most judges will go...
Archived
Can I go get my daughter in UT if there's an order in place saying she can't be removed from my county in NY? Mom has residence
David's answer
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Answered on August 14, 2013
While you can get your daughter, a better method would be for the Court to issue a writ of habeus corpus, which would then force the mother to come...
Archived
Order of child support has mathematical error. Do I file an objection or can I refer back to the magistrate to fix the amount?
David's answer
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Answered on August 14, 2013
If there was an agreement and the magistrate erred regarding a fact that is part of the record, then you need to file a motion to resettle the...
Archived
What are the charges for filing fraudulent paperwork in custody petition?
David's answer
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Answered on August 13, 2013
Perjury is a criminal offense but one that is rarely enforced in the context of a family court action.
Archived
I got divorced in FL, the mother resides in oregon & i reside in NY,is my girlfriend responsible for child support if i remarry?
David's answer
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Answered on August 13, 2013
No. Your girlfriend is not a party to the action and thus cannot be held liable for anything regarding the matter.
Archived
Is there a way to get my husband,soon to be exhusband, for child support on my son that is not his?
David's answer
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Answered on August 13, 2013
In a word...no.
Unless your husband has been previously recognized as being the child's legal father, there is nothing for you to do.
Archived
Should I go back to court re:child support, now that my daughter is no longer living with my ex?
David's answer
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Answered on August 13, 2013
If your child is no longer residing with the mother then you need to file a petition for termination of support. You will need the assistance of an...
Filing Notice of Appearance after served with summons with notice.
David's answer
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Answered on August 13, 2013
While you can serve your spouse with the Notice of Appearance and file it with the court, along with an Affidavit of Service indicating that she...
Archived
Mother is involved with a felon dealing drugs and living around 5 small children he is not the father acs is not doing their job
David's answer
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Answered on August 13, 2013
You need to file for custody of the children.
