Archived
Is a process server required to MAIL a summons & complaint to the defendant if he was not personally served with the papers?
Seth's answer
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Answered on July 09, 2013
New York CPLR 308 states that personal service is accomplished by:
1. by delivering the summons within the state to the person to be...
Archived
How Do I File a Lawsuit For Legal Malpractice
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Answered on July 09, 2013
To establish a prima facie case of legal malpractice under New York law, the plaintiff must prove: (1) the negligence of the attorney; (2) that...
Archived
What do i have to do or prove to file for full custody of my son and allow just the father supervised visitation..
Seth's answer
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Answered on July 01, 2013
As has already been mentioned, you need to file for sole custody in Family Court in order to obtain sole legal custody. If the father is seeking...
Archived
Are nonmodifiable child support agreements enforcable in NYS?
Seth's answer
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Answered on July 01, 2013
Unfortunately, more information is needed to fully answer your question. Was the agreement properly executed? Was it incorporated into a...
Archived
Should I file another violation/enforcement petition for visitation and custody?
Seth's answer
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Answered on July 01, 2013
Are all of your past filed petitions still pending in court? Whether you should file a third violation petition depends on how severe the...
Archived
My child turned 21 in June. I stopped sending checks after his birthday. He was born out of wedlock and no legal court ordered
Seth's answer
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Answered on June 25, 2013
Because there was never any court order or properly executed agreement (unless the two of you made one without it being ordered by the court), then...
Archived
Default in Family Court question
Seth's answer
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Answered on June 21, 2013
First of all, calling the Family Court Judge "filthy lawless" on a website will do nothing to help your case.
Secondly, what was told to you...
Archived
How can I lower and get a fair child support price
Seth's answer
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Answered on June 21, 2013
First of all, the 17% is based on the adjusted gross income, which can be imputed by the court based upon if you were working on a full time basis...
Archived
How much do I have to owe to be arrested? Can I be arrested if I return to US and owe support?
Seth's answer
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Answered on June 14, 2013
There is no specific dollar amount required for a court to issue a warrant for your arrest and incarceration ordered. If the court finds that your...
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Archived
In Court on a family offence petition can I request a jury advisory? I'm am pro se in this matter and have a trial date.
Seth's answer
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Answered on February 08, 2013
New York State law does not allow for any hearing or trial in Family Court to be heard by a trial. It is the Judge or Referee who will hear all...
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