Who has the Burden of Proof? Court granted Ex Parte Temp Order of Protection against me. No crime/harm/threat was alleged.
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Answered on April 15, 2018
A family offense proceeding is different than a criminal proceeding in that there is no question of innocence or guilt. Ultimately, the burden...
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Will a judge make me pay for my daughter's college tuition if I have over $100,000 in the bank? or Can she get a loan instead?
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Answered on July 12, 2014
Unless there is an agreement that states otherwise, in New York state, child support must be paid until the child reaches the age of 21, assuming...
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Can my daughter, who has been separated for more than a year, move anywhere in NY state with the children ?
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Answered on July 12, 2014
If there is no formal written stipulation or order regarding custody or visitation, then there is nothing legally preventing her from relocating...
How to request a witness list in ny family court trial?
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Answered on July 12, 2014
If you have already begun the trial, it is very likely that your Judge or Referee already required that all sides exchange witness lists prior to...
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Can child support touch your student loan which is for my graduate/doctorate/Esq., education
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Answered on June 30, 2014
Child Support is based upon your adjusted gross income - which is what you are currently making or capable of making for income. Since students...
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How much can nys take from my check if im behind on child support to 3000 dollars?
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Answered on June 30, 2014
In most cases, the New York State Support Collection Unit will garnish from your paycheck the amount of the order plus 50% of the order. So if...
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My ex came back to court to raise my child support, court ordered me to pay more, she lied about her work and income.
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Answered on May 20, 2014
More facts are required. The court will have to of had some sort of evidence presented to them (such as a pay stub, or some other sort of...
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Filed discovery in a family court case and the respondent will not reply. how do I file motion to compel?
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Answered on May 20, 2014
Before filing a motion to compel, you must give the opposing party and their attorney a notice that you are going to file a Motion to Compel to...
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Should I try to collect child support, I never did because he is not the biological father
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Answered on May 20, 2014
You do not have to be a biological parent to be a "parent" under the law. In New York, the boundaries of what constitutes a "parent" has not yet...
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Does an Affidavit of Service be ECF'ed or mailed to an adversary in a civil action in the Queens County Supreme Court?
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Answered on July 09, 2013
No, New York CPLR 308 states that after service of papers is complete, "proof of such service shall be filed with the clerk of the court...