Can a divorce action be held in abeyance indefinitely? If so, does the clock stop on our marriage even if we stay married?
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Answered on November 16, 2013
It depends upon where you are in the divorce process. If for example, only a summons was filed, if it is not served or service is not admitted...
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If no child support was ever ordered by a NY court, can a child sue a parent for back & future support?
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Answered on November 16, 2013
Only the 18 and 20 year old can sue for support if they are not otherwise emancipated. Emancipated means the earliest of turning 21, getting...
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Respondent independent contractor, juggles reported income when filing taxes every 4 yrs. How to impute income for Child support
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Answered on November 16, 2013
You can look at the financial affidavit submitted. The expenses paid can be treated as imputed income. The reason why the objection was sustained...
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Child support
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Answered on November 16, 2013
You should go to the Queens County Family Court and file a petition for child support and spousal support against your husband.
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Withdrawing an order for child support reduction
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Answered on November 16, 2013
You can go to the Family Court and fill out a form to withdraw your case. Assuming that your case is the only case on the Court's calendar...
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Child support calculation and retroactive pay
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Answered on November 16, 2013
By the time you get to court (if you are unable to reach an agreement with your wife), 2013 will be over and you would be able to use 2013 income. ...
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My husband and I are not getting along, we have I child together, I want to move to Florida with the child but need advice
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Answered on November 16, 2013
Your request for child support while living together may be denied if your husband is otherwise supporting you and your child. However, if you do...
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Is it possible to correct a mistake by a magistrate 4 years ago? Is it possible to adjust the arrears caused by the mistake?
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Answered on November 16, 2013
Other than appeal or consent of the custodial party, you cannot adjust the arrears. The problem stems from your agreement to pay support based upon...
My kids father owes $60,000 in back child support and has said his lawyer is going to try to have it erased. can that be done?
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Answered on November 16, 2013
Filing a violation petition will not erase the arrears. Instead, you will receive a money judgment for the amount owed. In addition, any failure...
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Does the Cassano case apply to child support arrears?
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Answered on November 16, 2013
The presumptive cap under Cassano is now $136k due to amendment to the law and a cost of living increase. In addition, the 136k cap does not mean...