CHILD CUSTODY & CHILD SUPPORT

Oct 26, 2018

Question #8: I am a thirty year old man seeking advice on how to handle addressing the problem of: if my spouse(soon to be X spouse) decides to leave the state where am I left at and what suggestion would you have for figuring out I can put into the mediation to keep my son close to me or at close enough to afford to see him on a regular basis. Thank you

Answer: Most courts will be very careful to provide you with the ability to see your son on a continuous and regular basis and will not allow your spouse to take the child away from you unless there are extenuating circumstances which the court shall deem as being in the best interests of the child, […]

Oct 26, 2018

Question #7: I have sole custody of my son. I am remarried and have been for 3 years. My son will be 5 this summer. My ex-husband has not seen him or even tried to contact him since our divorce 4 years ago. My husband would like to adopt my son. He has only known my husband as his father. We have contacted a lawyer and have begun proceedings to take away parental rights. After hiring a private investigator, I finally found him and served papers on him to contact my attorney regarding this situation. He had then hired his own attorney and said he will fight us all the way. Now the question is: If he has not tried to contact my son or send any kind of gift for holidays-birthdays, NO CHILD SUPPORT, or anything, why should he have the right to this child. This is very unfair. My son will start Kindergarten in the fall and will be registered under my husband’s last name, not legally. What can we do to get my ex to sign off on my son forever so my husband can adopt him and we can go on being a “happy family”? Please help as soon as possible!

Answer: I strongly suggest that you try to mediate this matter with your ex-husband. If he has not made any attempt to reach your child or to maintain any relationship with your son, he may in fact be willing to allow you to have your present husband adopt the child if you offer him some […]

Oct 26, 2018

Question #6: Up until March of this year, I lived in VA. I moved to NY in the middle of March, and was married at the end of March to a NY resident. We were married in Nevada. 1. Although I haven’t met the residency requirement, is it possible for a separation agreement to be drawn and executed in NY? And can the divorce papers then be filed one year after the date of separation? 2. Can the separation agreement and divorce be carried out in the state that we were married (Nevada)? Also, she has a 2 year old child from a previous relationship. What would be my responsibilities toward this child? Would support be required on my part? (She supports the child on her own, and does not receive support, nor has filed for support, from the child’s father, which does see the child a few times a month). Also, could I receive visitation/partial custody rights?

Answer: 1. An action for divorce or separation may be maintained in New York when a) the cause occurred in the state and either party has been a resident for a continuous period of at least 1 year immediately preceding the commencement of the action; or, b) either party has been a resident of the […]

Oct 26, 2018

Question #5: 1. Can a non-custodial Parent force a fifteen year old child to visit if the child has a stated desire not to visit this parent? 2. What are the particulars of Ohio laws and/or any related cases for this? 3. If taken into domestic court, would the judge, arbitrator, or mediator take the wishes, statements and desires of the child into consideration? 4. Is the custodial parent in contempt if they do not force the child to go with the visitation parent? If so, how does one force a child of that age to comply?

Answer: I can not advise you about specific Ohio statutes or case law regarding your question about visitation rights but I can tell you that in general courts to take into consideration the feelings of minor children, especially teenagers who exhibit maturity of thought and mind, but such feelings and opinions of the children alone […]

Oct 26, 2018

Question #4: My husband and I have agreed to try Mediation instead of going straight to the lawyers, so far it all seems to be very calm with no fighting between us. We have 3 children and live in the State of Washington. Have been married 14 years. My question is this: I will have custody of the kids, he will be paying child support, he wants to have the children 1 month each summer, which is fine and every other spring break week off school; how does the child support work in that situation? I’m not greedy, but after almost 6 years as an at-home mom and just going back into the workforce, I’m not making a whole lot of money, so that child support is very important for paying the rent. Even though he will have the kids for 1 whole month each summer, I still have to maintain an apartment and pay the rent for when the kids come home after their month with him. In this instance, is child support prorated for how long they are with him or does he not pay it that month at all. And what about the 1 week he will have them in the spring, is child support prorated then too? He also wants to claim the children on his tax return because he is paying child support; it seems to me that we are both supporting the kids, since I still will be providing for them too, can he claim them or do we alternate years we claim them? I’m so confused, I can’t afford a lawyer, but I have a feeling I will have to get one to keep up with him. Can I ask the courts to have him pay the Lawyers’ fees since my income is next to nothing compared to him, he makes 3 times more that I will? I would be forever grateful for any help you can send this way!!! He has already seen a lawyer twice, I cannot afford to see one, so I feel that he has the upper hand in all of this. He keeps throwing things at me and I really don’t know what to do when he suggests something.

Answer: If your husband has engaged an attorney to represent him you should get legal representation as well. If you cannot afford legal counsel by yourself, the court would require him to pay for your legal counsel. You should arrange to speak to an attorney experienced in divorce mediation who could assist you in acquiring […]

Oct 26, 2018

Question #3: I am a father of one child going on 17 yrs. old and am paying 17% of my gross income minus social security and Medicare. I would like to inquire information or find out were to find it, concerning child support payments in NY State. The required percentage is 17% as previously described. I would like to learn what this percentage is based upon and other laws governing such. Your response would be much appreciated.

Answer: The 17% child support requirement for the first child is a provision of the Child Support Standards Act (Chapter 567 of the 1989 Laws of the State of New York) as presently codified in Section 240 of the Domestic Relations Law as amended. It would be beyond the scope of this page to discuss […]

Oct 26, 2018

Question #2: Would I lose custody of my children because I don’t have a job and no longer have a place to live in because of crucial circumstances beyond my control. I am currently in school. I want to pursue a professional career. Would I lose all the rights to my children, if my husband decides to take them away from me. Also, would I be eligible for spousal support since I quit my job in Nov. of 1997 because my husband felt it was best I take care of our children?

Answer: You do not indicate the state in which you are living so I cannot answer your question with certainty. Generally, the courts dealing in divorce matters would review all of the factual information leading to the divorce including all of the “crucial circumstances” you refer to, the facts that you were trying to improve […]

Oct 26, 2018

Question #1: My parents had been married for 30 years when my father left my mother for another woman. During the years they were married my mother never worked she stayed home and took care of us; this was the way my father wanted it. I have three younger sisters and a younger brother. Only two are under the age of eighteen. After my father first left my mother and they went to court, he was ordered to pay a certain amount of child support and a certain amount for spousal support. They have been separated now for over a year; I get the feeling that my father is getting ready to file for divorce. What I am worried about is my mother. She still doesn’t work and my one sister is getting ready to turn eighteen, although she is going to college and still lives at home. What can my mother expect. Will she get spousal support and for how long? What about child support, does it include my sister in college? I forgot to add that all parties involved live in New York State.

In order to properly answer your question I must have more information regarding the Separation Agreement or court order which your parents entered into received at their legal separation. Such Separation Agreement or court order would generally outline the support obligations of your father both for the children, including children above 18 who attend college, […]

LEONARD M.WEINER, ESQ, Ph.D.

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