How do i fight an order of protection that was falsely given on my behave.

Q:  my husband was charge with and family offense and there is and order of protection, how can i fight that order of protection.


A:  David's Answer:  Is your case pending in criminal court or Family court? If in Family Court, then it's your petition & you always have the right to withdraw your own petition. If in criminal court, then you'll need to speak with the prosecutor. Speak with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my ex-husband file for reduction of child support if he is unable to prove a perm disability and takes a lower paying job?

Q:  We have already been to Family Court. It was a fact finding hearing where he previously had shown he was on temporary disability, but, was suppose to prove that he had a permanent disability if he wasn't going to return to his employer. He was unable to prove a permanent disability and given six months with the modified support amount pertaining to his temp disability and then he would return to his full amount. He has not returned to his former employer and feel he is going to now say he is making a lower salary and try to file for a continued modified support payment. Can he do this?


A:  David's Answer:  It seems to me on the fact you're presenting he'd still need to prove he's disabled. Otherwise, he'd need to show he lost his last job through no fault of his own & has made a diligent search to find commensurate work since then. schedule a consultation with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I am in a custody fight in family court, I have legal aid. My ex was appointed a lawyer, 9 months ago my ex got a new job.

Q:  She is now making 50 grand a year, her lawyer knows this and doesn't care. I just lost custody temporarily because of her lawyer. The judge and my lawyer don't want to help me, What can I do?

Additional information

 

My lawyer has a full docket and no time or interest, she has been unprepared at every court date. I'm lucky if I get 5 min before court while my ex has her court appointed lawyer on speed dial. I am trying to get her lawyer removed because my ex makes to much money to qualify for a free lawyer

A:  David's Answer:  Your options are: (a) ask the Judge to assign another lawyer, or (b) explore hiring a private attorney, perhaps one who offers sliding scales and/or payment plans.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I get emancipated?

Q:  I am currently 15, i turn 16 in 7 months and my mom won't allow me to work or do anything all I do is go to school and come home I can't even stay after school if I do I get in trouble. My mom won't even let me empty out the garbage there has to be am adult with me. So how do I prepare myself for living on my own and what steps should I take to get emancipated. Also they have a history of abusing me in 2005


A:  David's Answer:  First, I disagree with the suggestion that you can just "file a petition," as there's no such petition to file. Second, I disagree with the suggestion that you just "run away," as then you would likely become a "person in need of supervision" & quite possibly wind up in a group home. Third, the military will most likely not accept you without parental consent. None of these are realistic options for your situation. The frustrating truth is that you may need to "grin & bear it" as child welfare will most likely not get involved unless there is current abuse or neglect going on (the past "abuse" won't apply as they need to determine that you are currently at risk of harm).  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What recourse do I have with my ex-husband when the terms of our separation agreement have expired?

Q:  My husband was supposed to pay 50% of our sons' college tuitions. He refused to pay for my one son while he was in college, making him take out loans. He promised that once my son was done with college, he would pay the loans. I paid my 50% share while my son was in school. In addition, I am the guarantor on my son's loans. I asked my ex to refinance the loans so my name would be removed as guarantor. He refused to do this. My ex continues to be delinquent in honoring the commitment he made. He is close to ruining my credit. what recourse do I have?


A:  David's Answer:  Was the separation agreement incorporated into a judgment of divorce? If yes, then send him an itemized default letter by certified mail, return receipt. Then file a contempt motion if he doesn't make amends. If you do not yet have a judgment of divorce, then file a divorce case & bring up the alleged violation in that case. Schedule a consultation with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What does someone needs to do to get the order of dispositon from a family court

Q:  the case came to a settlement in a family court and now want to know how to get the order of disposition from the clerk office. where do i need to go and what to do to get that paper. i don't have any attorney for me to do that.


A:  David's Answer:  Just go to the Clerk's Office at White Plains Family Court (assuming that was your court) with photo ID & request a copy of the order. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Abusive Wife and Visitation Rights

Q:  If your wife is abusive towards you to the point that you have to leave the house prior to divorce being finalized and the divorce arrangements being made, can it negatively impact visitation rights? I've agreed to let my wife have physical custody of the child but I am concerned if it can impact being able to see my daughter.


A:  David's Answer:  t shouldn't affect your rights to see your child as you can always arrange for pick-up & drop-off to be at a neutral location.  -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)