Dads Divorce - Free custody and alimony advice for men and fathers.
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Tags >> NY
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.
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
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.
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?
Question: My son, who is 19 years old moved in with his father. My daughter who is 17 lives with me. In NY, I know child support is paid until the kids are 21. Does my ex-husband still pay child support for my daughter? Or is it considered even, since he has one kid and I have one kid? Also is he required to pay half of the college expenses for my daughter? Thank you so much for any information you can give me. Answer: I must preface my answer to your question by saying I am not licensed to practice in New York. Laws concering the payment of child support are going to vary from state to state. That being said, until the court order concerning child support is changed the father is required to continue paying child support. If he does move to modify the support based on the fact that your son is living with him, then your child support may be reduced or may equal zero. Generally, if each parent has one child and each parent has equal income then the result is no child support. However, there may be other factors the court may consider in NY. Is your son still in school? Is he working? Even in states where child support goes to 21, a child can usually be emancipated at 18 if he is not in school and self supporting. You may want to contact an attorney in NY to see if this is possible. As for the payment of college expenses, not all states have provisions for payment of post secondary educational expenses. You would need to find out what the law in NY is in this regard. Since some states do provide for the payment of college expenses it is worth checking into.
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