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During an order of protection petition proceeding, can the evidence then be used in criminal court?
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Answered on April 15, 2014
Yes, admissions in Family Court may be used against a respondent in criminal court. It's why I often advise against taking a case to trial if a...
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Can you get custody of your child if he does'nt live with the mother, your paying child support & child is failing school?
David's answer
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Answered on April 15, 2014
To answer your question definitively, one would need to know many more facts. For instance, if you are the father & the child doesn't live with...
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How do I calculate the minimum payments I will need to pay for child support based upon my income
David's answer
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Answered on April 15, 2014
If you live in NYC, a relatively accurate calculator may be found here: http://www.nyc.gov/html/hra/html/services/child_support_calculator.shtml. ...
I'm a retired NYC Correction Officer and my Ex wife will be entitled to half my pension. Is she still entitled to it if she rema
David's answer
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Answered on April 15, 2014
Generally yes, but it depends on the terms of the settlement/judgement. Bear in mind she only generally gets 1/2 of the marital component - not...
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Will my child support increase as soon as I start working?
David's answer
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Answered on April 15, 2014
It's not automatic - the CP would need to file an upward modification petition upon you getting a job. How much it will increase will depend on...
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In NYS, in seeking an order of protection, can I ask that respondent be barred from home by specific distance?
David's answer
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Answered on April 14, 2014
Yes, they can approve a specific foot/yard distance. The problem with a "specific block" restriction is if you don't actually see him, you can't...
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Timeline confusion with divorce
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Answered on April 14, 2014
The Stipulation of Discontinuance is supposed to be filed with the Clerk's office - only a courtesy copy would get filed with the Part. That said,...
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Can i file for custody again?
David's answer
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Answered on April 14, 2014
Where did the father file for custody, in FL or NY? If in FL, then you'll need to litigate there. Thus, re-post your query to the FL forum. If...
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I currently pay child support and I recently had another child can I have it modified and pay less if so what do I need?
David's answer
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Answered on April 14, 2014
You're unlikely to get a decrease if you had another child with another mother. That said, if you now have access to the subject children - and...
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I was served with child support papers. I'm on ssi and the child is almost 18 years old. What are my options ?
David's answer
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Answered on April 14, 2014
You need to retrieve the medical/psychological report which was submitted to SSA to qualify you for disability. You'll need to have it...