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How often can the primary parent take the noncustodial parent to court to request more support.? At what age does payment end?
David's answer
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Answered on June 09, 2017
It is NOT "every 2 years" - I thus disagree with the other counsel who chimed in (perhaps just a typo on her part). The law is generally one may...
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What happens with visitation when NCP moves out of state?
David's answer
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Answered on June 09, 2017
If he's the one moving, generally any visitation he gets he'd need to pay for the transportation. As for summer visitation, there's really no...
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I have been legally married for 10 years but, my first child with my spouse is 14 years old. I would like to know if I can get?
David's answer
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Answered on June 07, 2017
As to whether you've qualify for spousal maintenance (i.e., alimony), you can utilize the court's maintenance calculator:...
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Can my ex-husband request changes to the child support and visitation rights if we separate again (he recently moved back in)?
David's answer
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Answered on June 07, 2017
All one needs to set forth a basis to modify visitation is to state a "change of circumstances." Child support modification is slightly different,...
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What should I expect at a Preliminary Proceeding?
David's answer
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Answered on June 07, 2017
At the preliminary proceeding, the Judge usually ensures service was properly made, whether the parties want assignment of counsel or an...
What is considered proper sleeping arrangements for overnight visits?
David's answer
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Answered on June 05, 2017
Generally this would not be considered acceptable. Thus, I'd advise to keep a careful paper-trail & ask your ex if it's true, and if so, that...
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My EX husband Petitioned for downward modification and then withdrew his case. Can he resubmit his petition?
David's answer
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Answered on June 05, 2017
As it was presumably withdrawn without prejudice, he can always re-file. In terms of "damages," you can try filing a motion for sanctions and/or...
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I have missed court dates due to random hospital visits. Does Bronx Family Court verify that these documents are true or not?
David's answer
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Answered on June 05, 2017
It's not up to the Court to gather evidence or "verify" anything. It's up to you to gather & produce admissible evidence to buttress your case. ...
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How do I cancel child support before my first hearing?
David's answer
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Answered on June 02, 2017
If you mean that you wish to withdraw your case, you can simply send a letter to the court (copy to Father) noting same. If you mean an...
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What law states that the financial terms of a divorce must be governed by Domestic Relations Law?
David's answer
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Answered on May 31, 2017
Domestic Relations Law section 236B governs division of property. There is only an analogy to partnership law - the two sets of laws are distinct....