Archived
If I'm in arrears for child support and I request a withdrawal from my 401K retirement plan, can they take it in New York State?
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Answered on June 14, 2014
If by this, you mean that if you deposit the money from the withdrawal into a bank account, will SCU seize it? The answer is yes, they can, though...
Archived
Step parent adoption
David's answer
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Answered on June 14, 2014
He can execute an extrajudicial surrender, but because there's a proper process associated with same, I wouldn't advise to handle the adoption case...
Archived
My husband walked out on me. I am ill, & need medical insurance. Is he still responsible to keep me on his policy at work?
David's answer
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Answered on June 14, 2014
It was wrong for your husband to have done this. You should immediately file either an order to show cause & petition for spousal support in...
Archived
What are the benefits for the plaintiff to do the deposition in the contested divorce case?
David's answer
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Answered on June 13, 2014
Neither party MUST take the deposition of the other party, though it's recommended in a contested case. While one has received the other party's...
Archived
Divorce/Custody: What effect does being a "dead beat" have on custody. My husband did not support me or the children for years,
David's answer
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Answered on June 13, 2014
It is certainly a factor, especially with proof he could have paid - or paid substantially more than he did. The topic of inquiry at trial on...
Archived
Family Court works
David's answer
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Answered on June 13, 2014
To modify the order regarding supervised visitation, you'd need to file a petition/motion for modification. A sex abuse assessment involves an...
Archived
What forms do I need? Can anyone help?
David's answer
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Answered on June 13, 2014
There are forms available on the court's website: http://www.courts.state.ny.us/forms/familycourt/adoption.shtml. That said, I highly advise you...
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Archived
I am in litigation and am currently living with family and have a two year old. My soon to be ex's attorney has sent a letter
David's answer
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Answered on June 13, 2014
It is extremely unlikely the Judge will modify support on the basis of a letter. Generally once interim support is set, the only time it can be...
Archived
I am in a bad situation. I have a toddler and my court case is scheduled for trial. My soon to be ex is not responsible and
David's answer
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Answered on June 13, 2014
First, if your case is scheduled for trial, you absolutely need to retain a lawyer - or at the very least consult with one. You should take...
Archived
I paid to have my ex served by the sheriff, but after 4 attempts they were unable to. What can I expect in court?
David's answer
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Answered on June 13, 2014
See my prior answer to your duplicate post.