Archived
How can NYS Child Support send Notice of Support/Income Withholding Order to my husband's employer if he did not go to court?
Rachel's answer
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Answered on May 27, 2014
He needs to work with a lawyer and file a petition to have any and all orders vacated and get a refund of any monies taken from his check for this...
Archived
I was stunned that my ex made passport without my consent or signature. Is it possible?
Rachel's answer
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Answered on May 27, 2014
If your ex filed a petition in court and you did not appear, the relief requested could have been granted on default. You should go down to the...
Archived
Is there any difference as a Respondent whether you respond to a petition in writing or verbally?
Rachel's answer
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Answered on May 27, 2014
There is no mechanism for responding to a petition in writing (in family court) unless you want to file a motion for affirmative relief. I...
Archived
How likely is it that I can go after custodial custody of just my 2 younger children?
Rachel's answer
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Answered on May 23, 2014
It depends upon all of the facts and circumstances. Ultimately, the judge will make a determination based upon the children's best interests. It...
Archived
My husband called me and told me he was leaving me & wants a uncontested divorce immediately 2/23/14
Rachel's answer
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Answered on May 22, 2014
Do not sign anything that you do not want to sign. I highly recommend consulting with an attorney, because without seeing the papers no one here...
Archived
I have a divorce decree which stipulates I get 50% of my spouses pension for the duration of marriage What else is required
Rachel's answer
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Answered on May 21, 2014
A qualified domestic relations order (QDRO) must be signed by the judge and served and approved by the plan. I highly recommend you have a lawyer...
Archived
Is there an issue with changing bank accounts during marriage in how it might affect "separate property" in the eyes of the law?
Rachel's answer
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Answered on May 21, 2014
As long as it is not co-mingled with marital funds at any point it remains separate property, even if you move it during the marriage. As my...
A detective has been looking for my husband. We don't know why.
Rachel's answer
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Answered on May 15, 2014
The best thing to do would be for him to contact the detective and find out what it's about. If he didn't do anything wrong, he has nothing to...
Archived
Do I continue to pay support if my 18 yr old child comes to NY from VA and live with his grandmother and work part time?
Rachel's answer
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Answered on May 15, 2014
It depends on where the Order is from. If it is from Virginia then it is governed by Virginia Law. If it's from New York it is governed by New...
Archived
What exactly is joint legal custody?
Rachel's answer
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Answered on May 15, 2014
Joint legal custody refers to decision making. When parents have joint legal custody all major decisions affecting the child must be made...