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Pending CPS case. My husband is not named and yet they keep contacting him. I am living in nyc, not orange county but case here.
David's answer
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Answered on October 10, 2014
By "pending CPS case," do you mean they just have an investigation pending, but nothing's been filed in court? If your Husband isn't being...
Archived
If the non custodial parent has the children for 50% of the time are they still obligated to pay the entire child support amount
David's answer
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Answered on October 10, 2014
Access time is indeed a factor the court can consider in lowering the support from guidelines - especially if it's 50% or close to it. If you have...
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Archived
Do I need to go through government channels to serve the divorce papers to my spouse who lives in China?
David's answer
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Answered on October 10, 2014
It depends - if your spouse is consenting to the divorce & willing to sign-off on the affidavit of defendant, then you can simply insert a line in...
Archived
Child Support Modification. Modifying a support order.
David's answer
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Answered on October 10, 2014
Usually lose of employment constitutes a "substantial change of circumstances," so long as one can prove they lost their job thru no fault of their...
Archived
What communication is permitted between a parent and the law guardian during trial?
David's answer
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Answered on October 10, 2014
Absolutely you should provide to the Attorney for the Children any relevant information and/or documentation. If you have an attorney, this most...
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Will I be able to relocate myself and child out of New York to Florida because of domestic violence.
David's answer
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Answered on October 10, 2014
You should consult a Florida attorney about filing a custody petition down there. If the child hasn't been residing there for 6 months, and...
I have a acs case open because of domestic violence but I put the changes down so I whan to know how longe is going to take
David's answer
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Answered on October 09, 2014
What you do depends on the stage of your case. If you're post-dispositional in a Family Court neglect case, then you'd need to file a motion to...
Archived
Is it better and faster to divorce in the US or overseas?
David's answer
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Answered on October 09, 2014
If she doesn't live here & never has, it may be hard to obtain jurisdiction. Getting an uncontested divorce takes about 6-12 months in NYC - you...
Archived
How do I get my case file and money back?
David's answer
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Answered on October 09, 2014
File for fee arbitration with the Bar Association. Request a return of your file in writing to the lawyer. If the file isn't timely returned,...
Archived
Is filing a petition in family court a violation of a criminal court restraining order ?
David's answer
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Answered on October 09, 2014
Filing a violation petition constitutes only your allegations - it does not prove your case as she's entitled to a trial on the issue. Moreover,...