My father agreed to pay 75% of my student loans in the divorce agreement he signed with my mother. He has not paid.

Q:  My father agreed to pay 75% of my outstanding student loans from college and he has not paid. The agreement stated that I remain in college as a full time student and graduate within four years. all of which I did. He agreed to this in his divorce against my mother back in 2007. How do I sue him for the money he owes as he is stating that his circumstances were different back then. Is he not responsible for the 75%?


A:  David's Answer:  If he never moved to modify the agreement, and assuming it was incorporated into a judgment of divorce, then he most likely won't be able to "get out of it" now. That said, your mother would be the proper party to bring the enforcement action. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

HIppa and parental rights? I am the primary, residential parent w/ final decision making power. What rights were violated at ER

Q:  the non custodial allowed my 7 year old to not only eat junk food and soda all day- but he is a holistic child who lives on organic food- non-gmo and has a holistic pediatrician, never gets sick and ended up in the ER while in the fathers care, the ER Dr. treated me like dirt and didn't allow me to speak from walking in after I drove close to an hour upon a text message- the Dr. without a medial record or my sons pediatricians consent or mine- gave my child a drug that would have side effects if my child was allergic, when I asked what he gave my child he called cps on me for "denying medical attention" I had no opportunity to deny or agree as I was treated l like dirt and ignored. the dr also said he had the medical records but later we found out it was a lie

Additional information

also; my sons fathers present girl friend (whom he has beat up & lives with) works at this hospital & was very friendly with the Dr and staff who all treated me with disdain- felt like I walked into the lions den. She was welcome with my child the whole time while I with NO bad background had 10 minute visits and had to keep my mouth shut. The dr told me I was out of line for asking my child what he ate all day. Can someone help -


A:  David's Answer:  If you have joint custody with final decision-making (as is implied in your narrative), then the father arguably violated the terms of the joint custody decree. And unless the Hospital deemed it to be an emergency situation & couldn't wait for your consent, then you may have a medical malpractice case against the hospital (& should contact an attorney who handles such cases). Nevertheless, you may wish to consider filing a petition to modify the joint custody decree to make it more specific regarding medical decisions. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I submitted an Order to Show Cause to the sheriff's office on Friday, Jan 30, asking them to serve the papers by today, Feb 6...

Q:  But I could tell that my ex did not receive the Order yet, so I called the sheriff's office and they said someone had tried to serve the papers yesterday, Thursday. If the sheriff's office isn't successful in serving the papers today, what will happen? The Court said the papers had to be served by today, Fri, Feb 6. Will I be in violation of a Supreme Court order? 
Here's the timeline. I brought the papers to the Supreme Court on Fri, Jan 23. I received an email from the Court with instructions late on Mon, Jan 26. Tuesday was the epic blizzard, so everything was shut down. I didn't go to the sheriff on Tue or Wed, because I didn't want the papers to arrive on my daughter's 16th birthday. So I brought them to the sheriff last Friday, thinking a week was OK.

A:  David's Answer:  If the papers are served late, but your wife still shows up in court, it likely won't be an issue. If she doesn't show up, however, most likely the Court will adjourn the matter & give you additional time to serve. That said, no offense to the Sherriff's Office, you're better off going with a licensed process server. Schedule a consult with a White Plains Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I took my ex to court to receive daily phone calls with our child. The order was signed but the 30 days are not up yet. The orde

Q:  Order include frequent telephone contact and my ex has already not allowed it. Can I take her back for a violation now or should I wait til the order is final


A:  David's Answer:  If the order was signed by the Judge, then it is final. I believe the "30 days" you're talking about is the time to appeal. That said, I'd advise to first send a default notice letter to the offending parent, stating the alleged violation & asking that they follow the order henceforth. If there's then another violation, file your petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Custody visitation violation

Q:  I sent my ex an email letting her know that I am going to take our daughter out of town on a weekend my ex is scheduled to be with her. My ex never replied and I am still going to take my daughter. If my ex does not reply and I still take her, will this be considered a violation even though I informed her?


A:  David's Answer:  Yes, assuming there's a court order in place giving her that weekend. If you alter what's in the order, it must be upon express agreement - not you merely dictating what you're going to do whether she likes it or not. For a full assessment, schedule a consult with a Westchester Child Custody lawyer.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

What help or advice can I get

Q:  My husband has neglected me and I have be struggling finacially to even buy food for the pass two years. He doesn't do anything to help me I even of to put gas in his car if I ask for a ride to go any where.


A:  David's Answer:  It seems like the thing for you to do is file for divorce. You can then ask for asset distribution as well as possibly alimony (i.e., maintenance). Call a Westchester Family Law attorney to schedule a consult for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Is it considered child abondment if married but seperated that a mother would go out of town for 1 week and have the father of t

Q:  mother went out of town to vist a friend for a wek and father agreed to keep the children in there home during that time but now says that if not back early will call and have her charged with chilod abondment


A:  David's Answer:  No, as child abandonment would be a situation where the mother did NOT leave the children in the care of another parent, relative or family friend who agreed to temporarily care for them. That said, the mother's well-advised to confirm such arrangements i n writing from now on (and if she doesn't have it, obtain orders of sole custody & child support). Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)