Archived
Can the non custodial parent petition the court to pay decreased child support due to his voluntary retirement?
Susan's answer
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Answered on August 03, 2018
If the non-custodial parent voluntarily ceases employment to avoid a Court-Ordered child support obligation, a contempt petition can be filed...
Archived
Can I be in contempt for not getting life insurance in a agreed amount after years past in a stipulation of settlement in NY?
Susan's answer
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Answered on August 03, 2018
Anytime there is a violation of a Court Order, you can be held in contempt. If your Judgment of Divorce, (which is an Order), incorporates by...
Archived
My son doest want to visit his father every other weekend he is 15 does he have to go?
Susan's answer
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Answered on August 02, 2018
Your son is old enough to express a preference. In the event your son refuses to go, and his father files a Violation petition in family court,...
Archived
Can I begin changing my name back to my maiden name in NY with only a verified complaint in action for divorce?
Susan's answer
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Answered on August 02, 2018
No. The Judgment of Divorce will include a paragraph permitting you to resume the use of your maiden name. You must bring the Judgment of DIvorce...
Archived
Will child support order go down if Childs father doesn't have a job?
Susan's answer
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Answered on August 01, 2018
A court cannot vacate the child support arrears. Therefore, you would be entitled to all child support arrears. The court also has the power to...
Archived
Does the father of my child have to pay child support with his settlement money?
Susan's answer
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Answered on August 01, 2018
Depending upon how the settlement was structured, it may be considered income for child support purposes. You should consult with an attorney. ...
How can I find out if my son has been emancipated without going to court? Do o still have to pay child support if so?
Susan's answer
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Answered on August 01, 2018
You will have to be more specific, as emancipation is a factual event. For example, if your son is over the age of 18 years, and is working on a...
Archived
Hello, my sister is having custody/ paternity issues with her ex (they were not married) is she the sole custody holder?
Susan's answer
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Answered on July 26, 2018
Your sister should file a petition in the Suffolk County Family Court seeking sole custody of the child, as she is the residential parent. She...
Archived
Do I have to pay half of all household expenses and mortgage if I am separated and do not live there?
Susan's answer
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Answered on July 26, 2018
You did not state whether you are informally separated, or have executed a separation agreement. If you have executed a separation agreement, the...
Archived
How do I address the process of a divorce stip violation AFTER death?
Susan's answer
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Answered on July 26, 2018
I would suggest you contact the Suffolk County Surrogates Court in Riverhead. If your stipulation provided for a lien against your ex-husband's...