I am asking the same question again but with a new fact. Per net worth statement of July 11 2014 the plaintiff claimed no income and it was true at the time. However, at the preliminary conference of Aug 8, 2014 the plaintiff was already employ...
There are several questions that need to be answered which can vary the answer to your question. F
First, was she awarded maintenance based on no income, if so then this can be brought up by an appropriate motion seeking to adjust the numbers based on new information.
Based on the facts that you have provided, however, the best place to bring this point up would be at a trial, during her testimony, to show the inconsistency in her statements and bring her credibility into serious question.
However, if maintenance was not awarded and a trial does not seem to be in the cards, then I would just make sure that the Court (perhaps during a conference) is aware that she has an additional income source.
Nonetheless, you should definitely discuss this all with your attorney.See question
I am here from last 15 years my daughter and my wife live in India that time after five year I got divorce my wife get remarried with some one else in India she left my daughter with my parents after few years I bring her here by border cross with...
You can file a SIJS petition in family court. The Court will probably appoint your daughter an attorney to help with the process.
SIJS is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents.
It is a two part process, first there has to be a custody/guardianship proceeding in family court where the court issues a special findings order that declares the child's eligibility for SIJS, then the second part involves applying for citizenship based on SIJS.
Family Court is not the only route, surrogate's court is another option depending on the facts of your case.
Definitely consult with a lawyer on this issue.See question
they have lived here for almost seven years and paid only two years money for rent of apartment and I have helped top pay utilities, car insurance and internet service i have receipts for all seven years showing what I have paid which amounts to ...
This is a landlord/tenant issue. Dealing with this in family court will probably prolong the matter (the Judge will probably direct you to file a landlord/tenant action in civil court)See question
my nephew's dad got a court injunction to have sole custody while my sister wasn't in the US. Now the boy is here in the US and the father picked him based on the court injunction in conjunction with the cops. My sister is not here in the USA, wh...
More information is needed about your sister's location, how long she plans on being gone (did she move permanently, out of the country on an emergency or vacation, etc) and who she left the child with when she left. Unless there is a clear and serious danger to your nephew if he were to remain in his father's care, he will probably retain custody. Depending on your relationship with your nephew, you may have the right to seek visitation with him (you must speak to a lawyer in great detail about this option).See question
I signed the stip in September 2014. I have a 14 y/o daughter who has always stayed weekends with me. The stip states that I have my daughter two weekends per month from 6 pm Fri to 7 pm Sun. It also states the I can give 48 hours notice if I ne...
You can definitely represent yourself, there is no legal reason that you can not, and often people do represent themselves in family court to save money. However, while you do have a strong grasp of the facts in your situation, you do not know the laws and procedures that apply and that may end up hurting you in the long run by forcing you to enter into an agreement, or make representations in court that is not in your best interest, for example. For those reasons, it is always best to hire an attorney.See question
My ex wife's husband has been convicted of being a pedophile, for molesting my daughter while she was in his care. They are supposedly getting a divorce. My daughter has an order of protection from the guy, as will my other children. My question i...
You should definitely consult with a lawyer and soon regarding not only custody but also violating him on the order of protection if you have proof that he is around your children. Moreover, if she is bringing him around your daughter and other children then she may have issues with CPS.
Even resuming her relationship with him, even if she has yet to bring the kids around him may be enough to get a change of custody - more information is needed to answer this, so again, contact an attorney.See question
I am in a group situation and I know this woman is very timid about this divorce. Both parties are doctors, son is 15, and live on NewYorkCity's upper East Side in a duplex or triplex. He's an alcoholic and refuses to cooperate. They continue t...
Matrimonial attorneys usually advise their clients to stay in the marital residence - for both negotiating purposes and because she should not remove the child from the home if she can avoid it. (However, her safety and the safety of the child is paramount and if at any time she feels that is being compromised, she should leave.)
Courts tend to allow the custodial parent to remain in the home with the child. Because of his drinking, if she makes the appropriate motion to the Court then she will most likely be granted both temporary custody and exclusive use and occupancy.
In some cases, I would even suggest filing for an order of protection seeking to having him refrain from being under the influence of alcohol in the home, but in this case an order of protection may affect his job and since she is timid to begin with, this does not sound like the route for her.
As you can see, there are many issues here (and potentially a lot more), in order to accurately assess the situation, she is going to have to meet with a lawyer so she can explain the details and get legal advice that is specifically tailored to the details of her case.
If she does not have an attorney, she should get one as soon as possible.See question
They won't release the children to anyone in their mother or father's family
When children are removed from a parent and placed in CPS custody, CPS must place them in a home. The preference is always a family member or a close family friend. If CPS has removed them, they are in their custody now. The best thing to do is reach out to CPS and let them know you are an available resource. Chances are they are already exploring their options as to where the children should be placed, so you want to contact them as soon as possible. You should also consult with an attorney to discuss what your rights and obligations are if you decide to take this route.See question
Custodial parent is claiming our daughter's hair was cut by me even though I did not cut it; however I did straighten her hair. It returns to normal after a day or 2 or using water.
Major decisions are made by the custodial parent, typically, routine day to day decisions are made by the parent with whom the child is with. If you have a custody agreement, this should be spelled out. Styling a child's hair in a certain way should fall under the umbrella of a routine decision. However, if this is a hotly contested case and there are other circumstances such as restrictive court orders in place, verbal warnings from the Judge, or the custodial parent making their position clearly known then you may be held accountable. Also, the process used is important here. If the straightening process used damaged her hair/scalp in anyway or was not age appropriate (such as using a flat iron on a two year old), then that is something the Court will look up on quite seriously.See question
He doesn't pay child support and it is still in process in court. He is a citizen and I am a in domestic violence shelter without documents. Can he claim for tax return for the child without me knowing ? Who do I need to ask about this if every vi...
Only the custodial parent can claim the child. Sometimes, parties agree to alternate the exemption as part of a settlement agreement, but the law is clear - the exemption goes with the custodial parent. If he files without your knowledge and then you file and claim your child as well, the IRS will sort it out and will amend his tax return.
If you do not file taxes, and you do not want him claiming the child (especially since you are the custodial parent and he is not contributing financially), the best way to go about it is to contact the IRS.See question