Archived
What papers must you file in NY Family court to modify a child support order when the father lied about his income?
David's answer
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Answered on July 30, 2014
You can file an amended modification petition to add a claim that father's income has increased. It's extremely hard to vacate the prior order as...
Archived
What happens if both parties don't appear for a paternity hearing?
David's answer
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Answered on July 30, 2014
She can just send a letter to the Magistrate requesting to withdraw the petition. She should provide you with a copy. Then you can both just not...
Archived
Is right for the husband uses the marital account to pay his own bills, but keeps his own income separately in bank growing?
David's answer
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Answered on July 30, 2014
Unless the Pendente lite order speaks to the contrary, each party may (under the Automatic orders) use funds from a joint bank account to pay...
Archived
Will a judge temporally stop child support due to surgery.
David's answer
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Answered on July 29, 2014
If she has a letter from her Doctor stating that she's to be on bed rest & cannot return to work for a period of time, then most likely yes. For a...
Archived
Ex is relocating with our daughter to NC and was unaware. Went to court and going to trial. What to prove to stop relocation?
David's answer
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Answered on July 29, 2014
To fully assess the case, one would need to know many more facts. How old is the child? Is her preference genuine, or influenced by the custodial...
Archived
Can a family court support magistrate make a change in child support because the agreement is unconscionable or duress was.....
David's answer
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Answered on July 29, 2014
It depends - a Family Court Magistrate is without authority to vacate a divorce settlement done in Supreme Court. If, however, the agreement was...
Archived
Im moving to fl next year and wonder if I should tell my childs dad we arr going?
David's answer
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Answered on July 29, 2014
I would not chance it if I were you - I'd err on the side of caution and either get his express consent or get a court order allowing the...
Archived
For a downward modification of child support, does there need to be a change in circumstances or can it be reviewed after three
David's answer
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Answered on July 29, 2014
So long as the support is not pursuant to an agreement entered prior to an amendment to the child support laws (in October, 2010), then it's an...
Archived
What do I do from here?
David's answer
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Answered on July 29, 2014
It's time to petition the Court that he either have supervised visitation or no visitation at all pending completion of an alcohol treatment...
Can a grandmother have paternity testing done through family court ?
David's answer
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Answered on July 29, 2014
If you mean, can the grandmother ask that the "new guy" receive a DNA test, the answer is generally yes. The Court in the child welfare case can...