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Hi! I like to know if I could file for a divorce in the state while me and my spouse live in another country.
David's answer
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Answered on May 08, 2014
No - NY has residency requirements, so 1 party would need to be a resident of NY in order to file here. Thus, you will either need to legalize...
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What legal rights does my ex husbands wife have over my 2 children, ages 11 and 13?
David's answer
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Answered on May 08, 2014
See my prior answer to your duplicate post.
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Which state will govern the emancipation age for child support NY or PA?
David's answer
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Answered on May 08, 2014
Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said,...
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If a child doesn't want to live with either parents can they live with a friend who is willing to take them in
David's answer
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Answered on May 08, 2014
Unfortunately, if your parents are not abusing or neglecting you, then it is not up to you to dictate where you will live. You may wish to ask if...
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Does the ICWA protect me as a non-Native parent from having my rights terminated as a parent by a Indian Tribunal?
David's answer
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Answered on May 08, 2014
If you already tried to challenge jurisdiction of that court & lost, then the ICWA would generally give that court authority to terminate your...
Archived
What rights does my ex-husbands wife have over my 2 children, ages 11 and 13?
David's answer
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Answered on May 08, 2014
If her dictator-style is influencing the children from wanting to spend time with the father, then you may wish to first have a frank discussion...
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Keep getting Child Support from NC through CSE even though child is over the age of 21.
David's answer
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Answered on May 08, 2014
You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form &...
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What is a petition for amendment in a divorce case and the time frame for its compliance?
David's answer
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Answered on May 08, 2014
Strictly-speaking, there's no such thing as a "petition" in a divorce case. The other party may be trying to file a "motion" to amend his/her...
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Does the application for an index number stop your spouses right to the rest of your pension from the time it is filed forward
David's answer
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Answered on May 08, 2014
If you file for divorce, then yes, that cuts off accrual of marital assets including a pension. Your other option is to do an out-of-court...
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If my child support case moves from NJ to NY will my son get emancipated at 21 even though NJ order has no emancipation date?
David's answer
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Answered on May 07, 2014
If neither party resides in NJ any longer, then generally modification or enforcement actions must be held in NY. Thus, the custodial parent could...