Archived
Last day for serving a petition was a Friday can it be served on a Saturday and be valid with court date 9 days away.
David's answer
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Answered on March 27, 2014
It appears you're answering your own question - if the last day you could serve was Friday, then you can't serve Saturday as it would be 1 day too...
Archived
CAN NEW YORK STATE ENFORCE A CHILD SUPPORT FROM A PENNSYLVANIA ORDER ?
David's answer
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Answered on March 27, 2014
Yes - the support recipient may simply start a Registration proceeding in Family Court. Once the order is registered, one can get NY SCU involved....
Archived
Can I change my sons to his step dads?
David's answer
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Answered on March 27, 2014
Yes - you can start an adoption proceeding. The biological father's consent may be dispensed with so long as the court finds that he legally...
Archived
What kind of recording and survailence is legal for a custody case in nys?
David's answer
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Answered on March 27, 2014
The basic rule is that if you make a recording, you must be a party to the conversation you are recording - otherwise it is illegal wiretapping. ...
How do I evict 18 yo child with extreme disrespectful behavior that has evolved over the years into physical damage to house?
David's answer
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Answered on March 27, 2014
She is an adult for custody purposes, but still a minor until age 21 for support purposes. Thus, you can kick her out, but if she's...
Archived
CPS refused to talk with me if i had lawyer present
David's answer
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Answered on March 27, 2014
If you had a fair hearing, your next stage is to file an Article 78 proceeding in Supreme Court, which is the equivalent of an appeal. If the...
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My partner has three kids by different women, how will child support be calculated in latest divorce.
David's answer
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Answered on March 27, 2014
Whatever the current order is regarding his 1st ex-wife, that's the amount which he is entitled to a credit for off his income before calculating...
Archived
How to get Alimony removed from being automatically deducted
David's answer
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Answered on March 27, 2014
He'll need to track down who actually entered the garnishment - and get the garnishment amended. Thus, if her lawyer entered the garnishment, his...
What is the 'going rate' for a retainer for a divorce / family lawyer? And hourly rate?
David's answer
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Answered on March 27, 2014
Retainer fees & hourly rates vary wildly based primarily on: (a) experience level, (b) where the attorney has his/her office, and (c) the...
Archived
How do I change the custody agreement since my ex and I have changed it on our own already
David's answer
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Answered on March 26, 2014
You should file a petition in Family Court to modify the agreement. Speak to a Dutchess/Westchester Child Custody lawyer for more info.