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I have custody during the week, my ex has 2 out of 3 weekends a month. I have to travel for work and he gets that time.
David's answer
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Answered on April 07, 2015
I'd agree it's fair that if he needs to travel on a particular weekend, that you'd get rights of first refusal on taking care of the child as...
Archived
The house was in foreclosure at the time of divorce, court ordered my ex out because of his behavior, now I'm left 2 years later
David's answer
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Answered on April 07, 2015
What stage is your case in? If the original case is still pending, then you can always go back either via another interim motion or at trial & ask...
Archived
Which court can I go when my soon-to-be-ex violates court order and does not pay utility bills?
David's answer
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Answered on April 07, 2015
If this is an interim order in a Supreme Court divorce action, you'd file an order to show cause before that same court. If he has very high...
Archived
What can the cops do?
David's answer
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Answered on April 07, 2015
If the police determine you're guilty of custodial interference, it's a class A misdemeanor subjecting you to arrest & possible incerceration for...
Archived
Do I have to file for separation in court if we have a separation agreement where my husband has been paying me every month?
David's answer
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Answered on April 07, 2015
If you want to do a divorce based on the separation agreement, then ou can either file the agreement or a memorandum of the agreement in court. ...
Archived
Can I get the state to give my ex husband back his drivers license that they took because of his massive unpaid child support?
David's answer
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Answered on April 06, 2015
Sure - he needs to submit the DMV challenge form to the SCU (form available on the NYS OCSE site), and you may submit a notarized letter supporting...
Archived
Who Has the Right to Claim Child on Income Tax
David's answer
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Answered on April 06, 2015
This isn't a matter of NYS law - it's pursuant to IRS regulations. They say the custodial parent (who has the child 51% or more of the time)...
Can I withdraw my custody petition by letter? If so, will the the judge still make decisions in the case without me there?
David's answer
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Answered on April 05, 2015
You can withdraw your petition by sending a letter to the Court to that effect with a notation that a copy was sent to the mother as well. This...
Archived
If the father is an adulterer, does it help the mom to get the custody of the kids.
David's answer
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Answered on April 05, 2015
It doesn't generally effect child support or alimony (i.e., maintenance), though it could be a factor on custody. This is all the more so if the...
Archived
If the dad is providing college tuition fee and the child is 18 yrs old. can the child refuse to meet with the dad ?
David's answer
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Answered on April 05, 2015
If there's a court order, then the father can't just stop paying for college - he'd need to file a modification petition under these circumstances....