Family Legal Questions

If you are the primary conservator for the children, The father will be ordered to pay you child support.       based on his resources. If he is paying support tothe person who has custody of his other child then the percentage he is ordered to pay you is reduced by a few percentage points. For example for three children in a case the support is 30%, but that would be reduced to 27.38% of his net resources because he is supporting another child outside your case. His net resources are his monthly gross minus taxes. He will also be ordered to provide or pay for health and dental insurance for the children. ... Read Answer

Lawyers.com offers general information and not legal advice.  Your question is very fact specific and seeks legal advice.  Your question cannot be answered in this forum because more facts and details are needed to properly advise you.  For example, is your spouse violent toward you or the child?  Has the police been called to your home? If so, how many times?  Has the offending spouse been arrested? If there is a history of violence, and your spouse's conduct places you or the child in danger of bodily injury, there are various remedies that may be available to remove the offending spouse from the home.  It is recommended that you consult with an experienced family lawyer in your area to discuss this matter in greater details.  Best of luck~... Read Answer

  Dear Anonymous:      You will need to file a motion for contempt against your former spouse.  The following link provides instructions and the proper pleading for you to fill out in order to bring this matter before the Court: https://www.flcourts.org/content/download/403205/3457564/960.pdf Once you file this with the Court, you should get in touch by phone with the case manager for  the judge on your case.  This person should be able to assist you in obtaining a hearing date before the Court in order to present your case.  If you have questions about how to file the pleading I also suggest you get in touch with the clerk of the court for the family division.    Be aware that when you do go to court you are going to have to show that your ex has a present ability to pay alimony.  So if your ex has a job you may want to request that he bring pay stubs, tax returns or other evidence of his income and savings to court that day. Don't delay, because the longer you wait the more he owes.  Usually a person does not have the ability to pay ALL of the arrears at one time, so the court will order payment of the current and onging amounts due and then add some of the arrears to each payment. If your ex is working you should also ask the Court for an income withholding order.  This way, the alimony will be deducted directly from your ex's pay and get to you without your ex being able to interefe with the process.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561/962-2785 ... Read Answer

The law on this subject has changed; it is not "county" oriented at this time, but the rule for joint custody cases states:           NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.         1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:         (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and         (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.         2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:         (a) Without having reasonable grounds for such refusal; or         (b) For the purpose of harassing the relocating parent.         3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.   For further information,see the materisls and explanation posted here.... Read Answer

Short answer: "no."  Current law says that you need either written consent of the other parent or court order permitting relocation, and that not getting either could lead to adverse orders up to and including a loss of custody of the kids.  Further details are posted here. You should consider a TPO, and it is possible to request a court order that adds protections, but if he has any relationship with the kids, and has no proof of being a danger to them, the court will want to preserve that relationship.  If not, consider a termination of parental rights case, which would result in you having no obligation to reveal anything about your and the kids location -- but would also mean no future child support.  Details of all those things are posted on the same website.  You have a lot of issues to consider, and might benefit from a full consultation with a family law specialist to go over all your potential options.... Read Answer

First look at your existing court order to determine if there is any term in the order that requires him to seek your consent before he travels our of state with your daughter.  If not, then he is not required to get your aggreement to the trip.  Most standard orders do not contain any requirement of notification of out of state travel or a need for the parties to agree before one may travel out of state. On the other hand, there are often international travel provisions in orders.  Those do not allow you to prohibit the travel, but do require him to give notice and details about the travel. Of course, if he is requesting any favors of you regarding dates of the visit that may or may not fit into the possession schedule he has, then you could say you do not agree to giving up time or being flexible on his dates of possession.  If there is some danger of international abduction, then you need to get back into court to request the court modify your order to add terms designed to prevent international abduction. As a practical matter, I suggest you ask your ex to let you know where he will be and when, and that he provide a contact number in addition to his mobile phone.  Also request that he have your daughter call you a few times during the trip to reassure you that she is o.k.  ... Read Answer

You could solve the problem of him coming over whenever he wants if you file for divorce and ask for temporary orders for you to have the temporary exclusive use of the home during the divorce.  After a hearing, the court will decide which of you is entitled to exclusive use of the home.  Ultimately the disposition of the home will be resolved in the divorce, but you would at least be able to keep him out while the divorce is going on.   You could also request temporary spousal support when you request temporary orders.  The court will look at both parties' income and the expenses of each to determine who pays and how much.  If he has an income greater than yours, you should request support.  With respect to post-divorce spousal maintenance, which is what payments from a former spouse are called in Texas, if you are unable to meet your minimum needs with your own income, then the court will consider ordering your husband to pay you spousal maintenance after the divorce is final.    ... Read Answer

Hi under NY law, there is a statutory 3 year look back which would be used to modify your child support.  Since I don’t know whether you have an agreement in which child support is addressed, I don’t know whether you addressed modifications or waived them.  If not, then you can go to family court and file a petition for an upward modification of support.   i hope this helps Ilysa Magnus... Read Answer

Thank you for your question. You are addressing two separate issues. For both, you should consult with an attorney. If she proceeds forward on a restraining order, there can be both civil and criminal consequences. On the other hand, you may have reason to file a motion for enforcement on parenting time issues. ... Read Answer

Thank you for your question. I am sorry you are dealing with this situation. There are some enforcement options but before I am able to explore them, I would need more information for example, is the custody order a result of divorce proceedings or a non-dissolution application? Do you a Marital Settlement Agreement? Was the TRO resolved? Therefore, please schedule an appointment with an attorney and please bring all orders, agreements and the TRO so that the attorney can have a complete picture and be able to explore your options for enforcement including what sanctions if any are available to you. I hope this was helpful to you.... Read Answer

Your first step would be to file a petition to establish paternity and set child support with a court in order to get child support from your ex.  Paternity will be established by either a voluntary acknowledgement of paternity or a DNA test. However, once your ex is determined to be the child's father, he can then file for visitation and/or custody.  Although, if he is truly a registered sex offender, that seems unlikely but still a possibility.... Read Answer

Dear Anonymous:   First, check your parenting plan.  If it says you have "shared parental responsibility" and neither parent has ultimate decision making, then   the children's mother is not permitted to make a unilateral decision about home schooling.   However, the only enforement mechanism you have is to return to the court and ask the court to enforce the agreement and return the children to public school- which is what they were attending at the time of the parenting plan, according to your inquiry.   You should also be prepared to show the court that keeping them in public school is in their best interest.  From you email that makes sense since  currently it appears you have the obligation to home school them while they are with you, and you may not have the time or academic background to do so.  There are probably a myriad of other reasons why you believe this in not in the children's best interest so be prepared to tell the court.   Alternatively, you could petition the court so that you make educational decisions in the future since the mother has chosen to not consult with you as per (presumably) your parenting plan requires. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

You must live continuously in NJ to file for divorce here. If you lived in NJ before your husband "sent" you back to India, you may still be able to file upon your immediate return to NJ if your India trip is considered a vacation or holiday. Regarding what to do in India, seek an attorney in India or the police for the return of your papers. Thanks, Edward Zohn, Attorney at Law, 908.791.0312 (Warren, NJ)... Read Answer

Dear Anonymous:        Although Florida law provides that child support terminates upon a child's 18th birthday, or up to the child's 19th birthday if the child is in high school, living at home, and there is a reasonable expectation of graduation before the child's 19th birthday, Section 743.07, Florida Statues also allow support to be extended beyond age 18 where a child is dependent due to mental or physical incapacity that began prior to age 18.        The question for the court becomes what are the specific circumstances of your son's Asperger's syndrome that would justify (or not) an extension of child support.         The cases in Florida interpreting this statute define different levels of incapacity, and what would govern in your case will depend, first and foremost, on whether you son could become independent and self supporting after age 18, and second,  how  the Florida district courts in your area have interpreted what "dependency"  means.         Since your ex- wife will be the person to file the case, she will have the burden to show your son cannot act independently.  Hopefully, he will be able to function on his own, not only so that your child support will end, but that he will become an independent adult.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785     ... Read Answer

Whether your daughter can be kicked out of the home depends on a number of factors. Do they lease or own the home? Is she on the lease or mortgage? More than likely, she can't be kicked out of the home without a court order. Also, if she's in a dangerous situation, she might need to leave on her own and take the child with her.... Read Answer

Dear Anonymous:     You would not be transferring the QDRO to Florida. YOu would need an order to vacate the QDRO and then ensure that it was sent to the plan administrator of your retirement account. If your ex wife and you are in agreement that she no longer wants your retirement money, it is probably easier to  contact a New York attorney and see if an agreed order to vacate the QDRO can be submitted to the Court that granted your divorce.   Even if you do not live in New York anymore, if you have an agreement to vacate the QDRO, then it does not make sense to transfer the case to Florida, as that involves more time and money.   If your ex wife will not agree, in writing, to waive her interest in the QDRO by vacating the order, and you have to actually litigate, then it might make sense to transfer the case.  It is not "hard" to do, but it also depends on whether your ex wife lives in Florida too.  Jurisdiction (where a case should be heard) is a bit tricky and requires information about  both parties, so if the above does not answer the questions, then you should probably contact an attorney to discuss the actual facts and details. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

Dear Anonymous:    I am going to assume that you cannot get your husband to cooperate.  If you could, you could file an uncontested divorce, but both of you would have to sign the divorce papers together...and perhaps not even need an attorney!   But, if that is not a possibility, and you know where he lives (because divorce papers have to be served on him), and you anticipate that he is not going to want anything from you, and it becomes effectively "uncontested" then it should be a relatively simple process.  That said, the filing fee (paid to the court not the attorney) is over $400, and serving him with the papers usually costs (again to a process server, not the attorney) between $50 and $100.   After that,  the fees will depend if it goes smoothly and who you hire as an attorney.    Remember, you get what you pay for.  It could range from $1000 if it goes as set forth above (smoothly) to $2500.00- as an estimate.  It may be more or less depending on the county where you live.   As to the time it will take, again this is a range and it could be more or less, but I would anticipate from 3 to 6 months.   Best of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

Thank you for your question.  I can imagine how difficult it must be to constantly struggle financially while your ex-wife seems to be doing better than you.  It is certainly possible to have your alimony obligation reevaluated.  It sounds like you would qualify for the standard which is changed circumstances.  It is imperative that you consult with a family law attorney experienced in post judgment issues to discuss the specifics of your case and review your financials so that you can make a motion as soon as possible.  Keep in mind that your award will be recalculated only as of the date you file the motion so it is extremely important to do so without delay!... Read Answer

It is illegal (a felony) to choke someone. It would be difficult to argue that type of "restraint" is self-defense. It would be better not to attempt to physically discipline a 16 year old. If things escalate, it would be better to remove yourself from the situation. More than likely any adult dealing with the child would be found liable for any injuries to the child.... Read Answer

Your question cannot be answered in this forum.  Lawyers.com offers general information, not legal advice.  Legal advice is based on the specific facts in your case, as applicable to the governing law.  If you are contemplating a divorce, I suggest that you arrange to meet with an experienced family lawyer in your area to discuss all of these issues in greater details. The question of whether you are entitled to child and or spousal support will depend on the facts in your case.  If you have shared custody or split custody, that will impact the support amount. If there are fault grounds that may impact spousal support. How much money is in the savings account? If there are 3 children, I cannot imagine any set of circumstances in which he would be relieved of his support obligations for three children by simply offering you the money in the savings account, unless we are looking at a sizeable savings account that is sufficient to support three children until they reach the age of majority.  In order to protect your interest, I suggest that you contact a family lawyer in your area.  You need to be prepared to pay the consultation fee, which is usually calculated based on a lawyer's hourly rate. Make sure you work out the payment details in advance to void any misunderstandings.  Best of luck~... Read Answer