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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> NY
Sep 06
2009

Ask a Lawyer: Child support and remarriage

Posted by Dads Divorce in remarriage , NY , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment

Question:

I have been remarried for a year and my ex-wife is getting married next week. I was required to increase my child suuport in April because my ex-wife was fired from her job. A week later she bought a 3 bedroom house. The man she is marrying has 2 sons who now share a room with my son. Before we were married my children each had their own bedroom in a 2000 square foot house. Now my son must share his room with 2 boys who are 6 years younger than him. I have a 4 bedroom house where my children each have their own room. Can a file for a reduction in child support since my children are not living in the manner they were accustomed to or can I file for primary residence.? We currently have joint custody and she has primary residence. I want to support my children but I don't feel my7 child support should have to pay for the other 2 boys.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. It will be difficult to modify child support now so quickly after one modification was entered. you have to show the change that has occurred to change child support, and that would not be including their actual living environment.
Comment (2)
Jan 07
2006

Ask a Lawyer: Annulment due to and ongoing affair

Posted by Dads Divorce in Rules , Procedures , NY , Ask A Lawyer , annulment

Question:

My husband had an affair some months before our scheduled wedding which produced a child. The wedding was postponed until after the child was born. We are 8 months into our marriage and he has decided that he wants a divorce and has been back with his daughter
Comment (0)
Sep 07
2005

Ask a Lawyer: I had a DWI last year in NY. Will that effect my custodial rights?

Posted by Dads Divorce in Rules , Procedures , NY , DWI , divorce. child custody , Ask A Lawyer

Question:

I had a DWI last year. Next month it will be reduced to a DWAI. It is my only offense and I have complied with all of my lawful obligations. i.e., therapy, community service, DDP. No children were in the car. I am thinking about divorce. I have never had any other trouble with the law; I have a good job etc., etc. Will this mistake have an effect on my custodial rights?

Answer:

Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of New York. Generally, any type of conduct like that is relevant to a custody fight. The court is generally going to look at the fitness of the parents, but it seems that you have made good efforts to fix this which will help as well. It may be a factor, but the longer in the past it is the less impact.
Comment (0)
May 05
2005

Ask a Lawyer: Can a judge legally do that?

Posted by Dads Divorce in NY , Maintenance , Child Support , Ask A Lawyer

Question:

We have an order or $225 a month but the judge said and we also have it in writting that with our income we only have to pay $88 a month! I am in the military and because the judge doesn't understand how we get paid or how much we get paid when he's had a guideline on military pay and how much we get paid and he still makes us pay $225 until he completely understands how it is. Is this even legal?? He knows we have to pinch pennies to pay the $225 and he doesn't seem to care...we also have to travel from the state of MD to NY for the court hearings. The next court date isn't until Aug. how can we stop this?

Answer:

I don not understand the situation. Are you going through a divorce currently or attempting to modify a divorce? What document do you have that states the support should be only $88.00 per month? Who wrote that document? Is the $225 order a PDl or temporary order? What is the court date set in August? Do you have an attorney? How many children?
Comment (0)
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