I agreed to dismiss the divorce action I commenced if we entered into a post-nuptial agreement. We both made full disclosure of finances and had full and separate legal representation. The agreement was very fair. In exchange for some concessions ...
What you can do depends on a review of the agreement - if there's a blank line where the proper date was supposed to be filled in, then you can argue to a Judge hat a proposed correction is a mere "ministerial act." Otherwise, as a binding contract, the only way to change an agreement like that is if the other side agrees. Schedule a consult with a White Plains Divorce attorney for a full assessment.See question
My husband and I both are citizens of the US and had gotten married in Cozumel, Mexico 6 years ago. But my husband doesn't want to get a marriage certificate here in the states. We haven't had relations for a year by his choice because of my relig...
Where you get married in the world does not matter as to where you can get divorced. What matters for purposes of filing the case in NY is whether you're both residents of NY & have been for at least 1 year. Schedule a consult with a Bronx Divorce attorney for a full assessment.See question
I keep receiving amended iwo letters from the child support agency, but the withholding amount in the letter is the same as the current charge from my paycheck. I get charged 119$ a week for childsupport from my paycheck and the amended IWO shows ...
It's hard to speculate without seeing the notices, but its possible something else changed within the order (updated orders, for instance) or something changed within their system. Call a Bronx Child Support attorney for more info.See question
I recently filed for child support , the problem is he pays child support when he wants to , when I went to court they gave him the amount he has to paid weekly to our son, the problem is he doesn't pay he actually owns our son about 2,000$ . Hes ...
If you can determine where he works, you can have SCU garnish his wages regardless of his immigration status. Otherwise, you may be relinquished to filing violation cases & have the Court threaten him with jail unless he pays. Call a Bronx Child Support attorney to schedule a consult for a full assessment.See question
I do not want divorce, want to live separately. We do have marital assets(houses, 401k, stock options, retirement), all acquired during marriage). Husband in late sixties still high wage earner, I am early sixty (low wage, part time). Can I apply ...
Yes, you can file a petition for Spousal Support via Family Court prior to filing for divorce. Regarding the assets, you can also do a separation agreement addressing same. Calla White Plains Divorce attorney to schedule a consult for a full assessment.See question
I pay college room, board and meals and other expenses.
No - unless you executed a written settlement agreement or separation agreement which extended the age of emancipation. If that wasn't done, then in NY a parent loses his/her legal obligation to support a child when s/he turns 21. Call a Bronx Child Support attorney for more info.See question
My son & I left his fathers home when my son was about 2 weeks old due to the verbal & emotional abuse my ex was inflicting upon me. Fast forward to today, where our son is almost 6 months old & there have been plenty of arguments, more abusive (n...
You can - and under the circumstances you described should - file a Petition for Sole Custody with the Family Court. If you want his visitation supervised, then if he comes to Court & requests access time, you should then make an application for same to be supervised. Schedule a consult with a White Plains Child Custody attorney for a full assessment.See question
I have hired an attorney through a referral service who has reasonable rates and retainer. I do not have any personal recommendations for him? I am hoping it will all work out well, but in case it does not? What are my options?
On the one hand, you'll need to pay the new incoming attorney to "get up to speed" by reviewing the prior legal file. On the other hand, you need to ask yourself: what's the price of sticking with an inferior attorney & losing your trial? Could you end up losing custody of your children? And if so, what price tag do you put on that? What's the best/worst-case scenario on payment of child/spousal support? Often times, when calculated out over several years, one is talking many, many ten's of thousands, if not hundreds of thousands, of dollars. Having a good, well-experienced attorney representing you is often far better given what you stand to lose. Schedule a consult with a Westchester Divorce attorney for a full assessment.See question
Family court threw out my exs request to lower support - and reinstated full support which he had stopped- his attorney sent me a letter saying they accept the decision with prejudice as no hearing was held- I am confused as to what this means
It's hard to say from this what the attorney meant. Nevertheless, unless he files an actual Objection with the Court, mere letters can be disregarded. You're encouraged, however, to schedule a consult with a White Plains Child Support attorney for a full assessment.See question
My son is 5 his father isn't on the birth certificate we did go to court judge claim him as the father no modification of the birth certificate and no custody was spoken of I'm planning a vacation and moveing to a different state what should I do
You'd need to file a petition for custody/relocation. If he's been declared the legal father of the child, then you'd need either his express permission or a judge's approval to move to another state. Schedule a consult with a Bronx Child Custody attorney for a full assessment.See question