My daughter moved in with her mother, who was the non-custodial parent. Do I have to pay child support?
David's answer
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Answered on September 23, 2020
In theory, she could. Whether she'll be successful, however, is a different question. Usually a court will find that if custody is switched, it...
Can I have two ongoing divorce in different countries at the same time?
David's answer
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Answered on September 17, 2020
No - the NY courts require that you certify no action for divorce is pending elsewhere. Thus, I'd recommend that you withdraw the DR divorce so...
My husband won't sign a divorce because of his religion but agrees to it without him having to sign.
David's answer
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Answered on September 17, 2020
Simply get him served with the summons. Once he's served, his signature is no longer required for an uncontested divorce. Schedule a consult with...
Is a non custodial parent Responsible for child support after age 21 if child is only going to a trade school ?
David's answer
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Answered on September 17, 2020
Child support in NY may only be extended beyond 21 if there is a valid written agreement to that effect. Thus, one would need to know that first...
Can I request family counseling in child support hearing?
David's answer
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Answered on September 17, 2020
In short, no. The child support case ONLY deals with finances. If you have an issue with the father's care-taking of the child, that's an issue...
What is taken into consideration when someone wants to modify Child support ?
David's answer
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Answered on September 17, 2020
The Court can consider his assets as a factor in determining his ability to pay. Moreover, the Court can impute income to him if he doesn't prove...
What happens to child support arrears when child moves in with non custodial parent?
David's answer
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Answered on September 17, 2020
It's best to pay-off the arrears as soon as possible. Arrears don't go away - and she may retaliate by filing a violation petition against you. ...
How does Child Support change if child moves in with non-custodial parent full time?
David's answer
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Answered on September 17, 2020
Yes, you can also file a petition to request child support to you. Moreover, if there's a current custody decree in place, I'd recommend to file a...
I have learned that my child’s father lied about where he is living and had my child in a location he has been lying about.
David's answer
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Answered on September 10, 2020
You should keep a paper-trail with him and ask him where the child was during the visit. Unless the interim order restricts him to the sister's...
Can I file a no contact order immediately and without a lawyer?
David's answer
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Answered on September 10, 2020
You can file a Petition for a Family Offense (a/k/a request for an order of protection) yourself by accessing the forms on nycourts.gov. You can...