Q: For background: my child used to live more time with his father but in January I switched to having majority of time. I had him full week and his father had him weekends. I ended up filing a WRIT because his father refused to return him. At that appearance they granted us a temporary custody order where M-F his…Read More
Q: We wrote out a letter for him to give me a certain amount a month. I'm now realizing it's not enough. Will the letter hold up in court? A: "Letters" in themselves are unenforceable. The way you get an enforceable child support arrangement is: (a) have a legally-enforceable agreement drafted, (b) have same incorporated into a court order.…Read More
Everyone cares about children, but not everyone has the same amount of information or the same perspective. This can sometimes lead to accusations of child abuse or neglect you never would have imagined but need to know how to respond to. This article explains what to do if you are accused of child abuse or neglect in New York, including: …Read More
Q: Husband filed for divorce months ago. We have had informal discussions with our attorneys, but haven't gone to court. We have don't have any agreed to settlements. While living in the house he took responsibility for our child 2 days per week and alternating weekends. He recently moved out and wants to take our child for a few days,…Read More
Q. my ex-wife stated we all responsible for the marital debt. the last time we were living together was 2 years ago.. should i ask for two years bank statement or are we all responsible for the debt. the divorce is still pending to be finalize.. thank you A. Marital debt (that which accrues during the marriage & up to…Read More
Q. i have issue with my ex-wife stipulation agreement ... her lawyer only use my W2 has adjusted gross income and i have 1099 from trading that i have loss in 2023. use both my w2 and 1099 to file my taxes . so why is her attorney using only My W2 for calculation. .. thank you A. I would…Read More
Q. I have individuals calling me multiple times and showing up in person but it’s ongoing daily basis A. Generally service of orders are done by licensed process servers. You may also have service done by the Sherriff's Office in the county were the person to be served is located. For more info, call a Westchester Divorce Attorney.Read More
Q. I was under court order to pay $50 per week for child support back in the 1980's. The child's mother then moved to Fla under the same child support order. I was then notified that she filed for child support in Fla. and that I was under obligation to pay another child support. I tried to explain that she…Read More
Q. If custodial parent from NY is owed child support from a parent now living in FL, what happens to the arrears in child support if the custodial parent dies? A. It depends. If the arrears issued was reduced to a money judgment, then the money judgment is enforceable by the estate. If not, then the arrears would most likely…Read More
Q. I have been paying child support on time and the amount agreed for a number of years. My ex wife now wants a modification and money retroactive to when I a substantial increase in salary. Can she get back pay for child support? A. By statute (unless agreed upon otherwise), she can only get child support retroactive to the…Read More
