My ex wife has a friend she pays under the table to watch our daughter. I have asked for her to be on the books. She refuses. I ask to see my daughter or watch her on my day off, and she gives the friend rights before me, even though we have joint...
A court will not care about the accommodations the mother provides as daycare for the child. The only issue before the court will be the amount ordered to be paid and enforcement of that amount. The fact that the mother is an employer of a household is a totally separate matter.
The federal government is at war with employers. Even a 'nanny' requires income withholdings. If mom paid the nanny $2,000 or more in 2016, she must withhold and pay Social Security and Medicare taxes on all of the nanny's wages. If mom paid the nanny $1,000 or more in a quarter in 2016, mom must pay the federal unemployment tax, or FUTA. The state makes the same requirements as the Fed so there will be parallel state withholdings as well. This means the mother is violating tax law on an ongoing basis as long as she retains that nanny.
I do not know any other details about the nanny. If she is illegal to work in this country, then mom is violating immigration and labor law, both of which carry federal prison time. If the nanny is handicapped, the mom is probably violating ADA by not providing accommodations for any disability the nanny may have. I can go on if I knew more about the nanny.
The issue you face is if the mother goes to a genuine daycare provider, then you may find your daycare payments skyrocket. These facilities must pay for licenses, grounds upkeep and sitters. This costs big money so you are stuck between having to deal with all those violations in order to avoid the way more expensive daycare option. Without knowing your role in all this aside from reimbursing the mother, you too may or may not be subject to prosecution as a co-employer.
I would suggest you think about your next move very carefully. Any wrong move may cost you a lot.See question
My husband filed for divorce in Michigan and I live in NY. Because we filed pro-se and I didn't object to the complaint; I didn't file an answer. I recently realized I should have filed an answer asking the court to restore my maiden name; but a d...
Go to Civil Court and petition for a name change.See question
My daughters father has schizophrenia and is collecting from the government and working a side job off the books but I yet to receive any type of help from him. He spends all his money on drugs and his mother collects his government checks as rent...
You can file your petition, but you'll be squeezing blood from a stone. The court must go by evidence presented. He'll prove his disability by showing documents. You will be unable to prove his side job unless you have a lot of money to pay snoops, and then a snoop may find nothing.See question
A lesbian friend helped inseminate me and I conceived, she's not on the birth certificate nor has she adopted the child. I said I would allow her to see the child here and there but she's been harassing and demanding to see the child when ever she...
Without family court orders, she has no right to the child.See question
My mother and her 2nd husband were murdered by a relative of her 2nd husband who after being arrested confessed to some cold cases. One in 92 and another in 94 which were connected. The relative was arrested for the 94 because he had an alibi fo...
I have reread this question several times and I still cannot understand what is going on. It seems two murders in the second degree occurred to which a five year statute of limitations attaches. N.Y. Crim. Proc. § 30.10(2)(b).
If you tell us the decedents were cops or judges, then there is no statute of limitations for the murder in the 1st degree. N.Y. Crim. Proc. § 30.10(2)(a).
Limitations periods do not attach to alibi fabrication, but there could be situations where the limitations period is tolled, but you do not provide enough facts for such a determination.See question
I have been divorced for years and have carried health insurance on both my children, my children are now 23 and 21, recently I went to remove them, my as the 21 year old is on ssdi and has her own child, the 23 year old has a wife and 2 children ...
We don't know what your order of support says. Or, you may have entered into a stipulation which extended the time you were obligated to provide them health coverage. We just don't know your case.See question
Neither I nor the mother lives in NYC. I was there for 11 months and she never lived there. I don't know where she lives so it's impossible to get in contact with her. I had a court in NY and I was living in NC at the time so I never made it to...
This is one of the top questions on Avvo that spotlights the fallacy of child support. The essence of this fallacy is the abbreviated and simplified procedures to speed up payments to the mother by way of court order. It’s a granting of legal relief no matter the operative facts and no matter the adherence to legal procedure and rules of evidence.
Child support does away with most of the protections afforded by a democratic system of government. Here, the father does not have to have any connections with New York (almost no minimum contacts) and the mother apparently has no contacts at all. Dad appears to have been not served by personal service and therefore defaulted in appearance for a paternity petition and a support petition. As no proof of income was ever produced by the dad, the court whipped numbers up from nothing and entered an order for $800 per month which is enforceable nationwide. Evidence is now manufactured at the whim of the court.
Imagine a situation where our courts can hear any petition from anyone for anything, A plaintiff walks into any court anywhere and files. Service is not needed yet issue is joined and orders start to flow. No evidence of anything other than a birth certificate is needed and even that can be falsified. The resulting order is for money that is enforceable nationwide. The target of this bullsh*t is the hapless man who gets stopped at the border because his passport is suspended, or he gets arrested under a warrant, or his bank account is seized.
Our court system, by tradition, is a difficult place to get help. Complaints must be very specific and service of process must be in-hand or nearly in-hand consistent with rules of residency or minimum contacts. Narrowly tailored issues must be presented for which narrowly tailored relief may be granted. Appeals courts are tightly controlled and appellate issues are narrowly interpreted and narrow orders are issued. All of this is done away with in the name of young mothers and their children.
Our government leaders have crafted a clever way of injecting their agenda into the veins of the taxpaying citizen. By using children, government has altered the definition of a U.S. court from a place to seek justice to a place to obtain accomplishment of a government agenda. The hapless man does not stand a chance until it is too late. He is ferreted out over time and made to appear well after orders are entered and enforcement has occurred. Court rules are no longer a limitation on the court; they are a limitation on the hapless man. He must now file motions to vacate default orders, explain his absence, reveal his income information for inspection by a government agent (the support magistrate) and face further orders. This apparatus has done away with the adversarial process and instead has fashioned a system of political compromise: the political goal of supporting children is countered by agreements by the man that comport with that goal.
Given these points, there is no way to answer your question accurately. Without a lawyer you may as well continue paying. You’ll have to file something, probably a motion to vacate the default or to vacate the order for lack of service, and serve the mother. You’ll have to await the first appearance. Then you’ll have to go through adjournment after adjournment to correct the errors in the order of support. Meanwhile, arrears continue to accumulate and the mother can file a violation petition to have you jailed. It’s a bizarre apparatus that originally started as the solution to the welfare problem that has now mutated to a way for the angry mother to get even with her man, It’s a weapon and it can be dangerous. There is no telling what is the status of the kid or if there is a kid.See question
Court forgot to hand me over visitation orders paper, they only gave protection order paper. 1) can i call court and get a copy? 2) visitation order is from 12pm sat to 4pm sunday. Depending upon my situation, if my wife agrees, can i return bab...
You can visit the record room and ask for a copy of the order.
It is highly unlikely the court will amend your order to suit your needs. The other parent can agree with you to do this offline. However, if she does not, you'll need a new petition to amend the order and the results may be unacceptable. As for early returns, you can do an early return if the other parent is available to accept the child.See question
Protective parents- there is NO OVER SITE for the lies told in family courts and it takes far too long to get a remedy to repair the issues. What can be done when family courts are making decisions with NO EVIDENCE or when they get evidence they...
Unless you tell us what happened to you in your case, we have no way of agreeing or disagreeing with you.See question
What would happen for someone to loose custody of a child to someone who is not there parent
Your question is not perfectly clear. Are you asking what must happen to the biological parent in order for a non-parent to get custody? The textbook answer is that the biological parent must be either dead or found unfit by a judge. The actual answer is that a cleverly orchestrated case with gobs of arbitrage does the trick, and it takes an inept judge to pull off.
Family court is not the place to find the most proficient jurists. I use the word 'jurist' because you'll find in family court a mix of judges, support magistrates and referees. Each can alter your life in serious ways. To simplify their jobs, the state imposes policies based on allegations presented. This means a factual recitation triggers a response by the jurist.
I had one case where a gay couple had a child via insemination of one of the partners. The non-biological parent adopted the child. They couple fought. The biological parent traveled to another state for a brief vacation, and the non-biological parent accused the other parent of an illegal relocation in an ex parte application for return of the child.
The inept judge was key in pulling this off. Some judges do not know what a 'relocation' is. A relocation is a change of domicile in spite of an order of visitation which fundamentally alters visitation thus depriving the visiting parent of access to the child. They gay couple had no such order, yet the allegation alone triggered the response by the judge such that eventually, the biological parent lost custody of her biological child. That entire case was about the biological parent digging out of a hole which could not happen.
I can provide many more examples of the ruses pulled. However, I don't know enough about your situation to respond more fully. Suffice it to say that it is possible to gather together a team of imbeciles such that a biological parent will lose custody to a non-biological parent. It can be done and it is done every day.See question