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Found 133 results

  1. My husband walked out five years ago. However, he still works for me. I co-own a small business. He has just given his notice. For the past 25 years, most of his salary has gone into our joint checking account. Last night, he informed the kids and me that upon his new employment, he will be reducing his financial support to the state legal minimum of 25% (for two minor kids) of his salary. He told our oldest child that he is no longer responsible for him and told our middle child that tuition is basically "off the table." He completely ignored the fact that our youngest is a child with special needs. He also forgot that he is a signer on our mortgage. Is there any kind of estoppel type law that can prevent him from doing this? I know that I make a little more money than him, but his salary contributed to our lifestyle for the past 20+ years and now the kids have to suffer for his selfishness. I cannot afford to support a family of four on my own, especially with college tuition. How does one get away with being able to just walk away from their children like this? How is allowed 75% of his income and his three children are allowed 25%? It doesn't seem fair or even reasonable. What kind of an attorney can help me keep my home, protect my children and my business and get me divorced? What will happen when he is fired from this new job in three months? How will my family be protected from his apathy/laziness?
  2. Custodial parent lives in the Bronx and noncustodial parent lives in Queens. Noncustodial parent refuses to come all the way to the Bronx to pick up children every other weekend, insists on meeting halfway in Manhattan because it takes nearly 2 hrs to get to Bronx by public transportation. It takes 45 min to get to noncustodial parent's house by car, and 1 hr to go downtown to meet noncustodial parent halfway. Custodial parent ends up driving children both ways because it is more convenient for her. Distance by car is 16 mi. Noncustodial parent has driver's license but no car. Noncustodial parent does not bear any other responsibility for children except for having them from Saturday at 9am to Sunday at 6pm every other weekend. Is it unreasonable for custodial parent to want noncustodial parent to come all the way to pick up children? How will a judge see the situation?
  3. I have a discharged chapter 13 bankruptcy that mostly consisted of $100,000 in student loans. My confirmed plan stated that unsecured debts were to receive at least 5% and that i would no occur any more then $500.00 post petition debt without permission of my trustee. My student loans were listed on schedule F (unsecured debts) Also on the final report and accounting it says: 10) Amount of unsecured claims discharged without full payment: $155,185.57 (which includes the proof of claim from the student loan company) Is this final report enforceable since the creditors didn't object within 30 days? Thank you
  4. My ex partner and I went to a divorce mediator even though we weren't legally married. We went to create a child custody and child support agreement. We filed the custody agreement with the courts however we could not file the support agreement because at the time we were still living together. Six months later we each had our own places however she backed out and said she was not going to pay me child support because she said she couldn't trust that I would put the money where she felt it was necessary. So it was never filed with the courts even though we have an agreement thru the divorce mediator. She makes $70000 and I make $40000 but she is expecting me to still pay my share of the kids expense. Do I have any legal recourse??
  5. This question is just one of interest for me based on a recent article I read; offenders, officers and prosecuters, or anyone who works with this populations, please share what comes to mind: What are the most common ways a Parolee gets "set up" or "technically violated" by an officer who thinks the person is being less than sincere but hasnt really been caught doing anything, or the parolee just isnt liked in the first place? what type of technical violations, outside of new arrests or drug use, really pisses a parole officer off? thanks for any input !
  6. Had a luxury vehicle stored in a storage lot in New York. Found out about the damage about a week after it happened. The damage was caused by another driver, who I believe was being reckless. (I signed waiver releasing owner of the garage from any liability). When I went to police station, they resisted giving me the report, said report did not exist, and the reporting officer and her partner refused to speak to me, until finally a clerk provided it to me quietly. The report was missing information on the location of the accident, and the officer used a different name than what she is known as in the precinct. I experienced feeling intimidated by the police (I am a minority in the community) and dealt with multiple threats and obstacles in trying to get this report/information. I'd like to write letters or file any appropriate claims, and possible collect on the damage cause to my vehicle. Any thoughts?
  7. A graduate Student from a credited university with a corporate communications degree living for more than 9 years in the USA who arrived to NY when he was 14 years old but traveled back and forth for 4 years and had to travel for the last time to NY and stayed in NY after graduating highschool at age 18. Can this student get any type of immigration relief with the new EXECUTIVE ACTION or DACA? DACA says that minors who arrived before ages 16 and under who have lived for years in the U.S...........will get covered no matter how old they are. Well, this student came for the first time when he was 14 years old but went back to his country ( he had a 5 year tourist visa) he did that type of traveling for the next years until he graduated in his country and decided to travel for the last time to the US and stayed there forever because he had his family there. He has been living for 9+ years in USA. Can he get cover by the GRADUATES FROM U.S UNIVERSITIES from the Executive Actions. If so, how can he start applying for it? Does he need a sponsor? a job? Does he need to be working? He works as a dog walker (his neighbors and relatives pay him for taking care of the dogs) He doesnt work in his career field because he doesnt have a social security number. Please help.
  8. I just recent received court papers from my ex. She's filed for child support, along with a petition for custody.. what does that mean? I have always given my children support. I never had a problem visiting my children. Since our break up we have shared custody for holidays and summers. Never was problem when the kids needed anything. However I recently discovered that she has a "live in" boyfriend which she is no allowing me to speak with him regarding the welfare of my children. I just wanted to keep the lines of communication open between us in the event that there is a situation with my kids. My ex has denied my request and has now filed a petition for support and custody. I am Married and live 400 miles away. I need help on understanding this whole process as I'm still trying to get over the initial shock of receiving papers and thinking I will loose my kids all because I am deeply concerned over my children's welfare. My wife and my ex have maintained a very good relationship.I was just asking is to establish one with her boyfriend to ensure that my children are safe and that their social, emotional, and finial needs are being taken care of... The children ages are 5 and 3.
  9. I filed a claim with NYS Division of Human Rights. They found probable cause existed and the supervisor doing the harassment resigned. What does this mean for my case?
  10. can you change attorneys to probate a will even if the original paperwork was done by the other lawyer
  11. when probating a will can a credit card company force you to sell the home in the estate if you can not pay their bill even if the dollar value is much less than the value of the home
  12. what recourse does a credit card company have during a probate of a will if there are not enough funds in the estate to pay the bill but there is a home.
  13. There is proof of all the following via emails: 1) seller agent gives wrong address for buyer to mail deposit check 2) seller attorney can't locate deposit check for 4 days after signing for it via certified mail 3) seller attorney locates deposit check ~20mins after buyer states they will re-issue a new check 4) buyer to deposit new check back into account (as per buyer attorney instruction) so the entire closing can be done by wire transfer ** Buyer contract clearly states that for closing "time is of the essence" ** Is there anything the buyer can do? Isn't there a code of ethics among real estate brokers & attorneys? At some point the buyer will have to move into a hotel as the seller continues to delay. Any & all feedback is greatly appreciated. Thanks
  14. I filed for custody in New York, I want add child support to the petition as well. Can i add or do I need to file a new petition? - we are scheduled for a trial
  15. The basics: Moveout date and agreed end of lease was June 30th. New tenant was moving in July 1st. I scheduled to have utilities taken out of my name on the 30th, but new tenant never called to have them switched into their name, resulting in the power / gas being shut off completely until July 2nd (earliest date a technician to come turn them back on). Landlord is blaming me, claiming I turned them off early and never notified him. The lease says nothing about notifying the landlord about switching utilities, but states the tenant is responsible for utilities throughout the term of their lease. Had the other tenants called ahead of time (they were lined up nearly 3 weeks prior to moving in), the utilities would have changed over with un-interrupted service, and the technician would have simply read the meter and started billing the new tenants from that point on. I already won against him in small claims court and was awarded a judgement for the full deposit, but he filed for a Trial De Novo and now I have to return to City court in 2 weeks to re-state the entire case before a new judge. Are there any NY laws that can help me with this issue? I spoke to my local housing council, who confirmed I was well within my right, but I don't have any documentation or official legislation to cite in court defending my actions. Thanks in advance for any help / advice!
  16. Since patents are expensive I was thinking of combining multiple items in one Design patent. Is that possible? Imagine I design a spoon; Can I add more items and register it as one flatware set of several different spoons, forks and knives? If it is possible, how far could I stretch it ("modern home set design patent" including furniture, kitchenware, lamps...)? Thank you
  17. There is a local auto body shop using pictures of my car for advertising purposes on their website. They never asked to use pictures of my property for their ads, Can I be compensated for them using pictures of my automobile without asking permission to do so? If not, what type of written correspondence should I use to make them take the picture of their website? I have had issues with their workmanship that they won't fix so I want my automobile taken off their website, As I said, "they never asked for my permission to use my automobile for advertising purposes on their website."
  18. USPTO site fees are confusing and I don't know what is all absolutely necessary tp pay so can someone with experience roughly estimate total cost for securing utility patent. I would qualify for micro entity; I have 40 pages of text and 40 pages of drawings (used for Provisional patent application so I would need a few more pages for claims and the rest). Also, how much could I expect to pay to someone to rewrite rather detailed PPA into qualifying patent application? It is a software patent but described as "device".
  19. Police officers came to my home and arrested me for a domestic violence complaint made by my father. When asked why I was being arrested the cop stated "in NY now because of the law passed due to the OJ Simpson case whenever there is a domestic violence complaint the person accused MUST BE ARRESTED". I think this is total BS because these arresting officers came to arrest me a week after the complaint was made, secondly the officers that responded to the initial call reported the charge as harassment which they said and I quote "was not an arrest able offense" then left. So, then I was detained for a little shy of 24hrs until I was arraigned and charged with attempted assault and harassment. I feel the arrest was unnecessary and a violation of my rights. What should I do? FYI- Im 28 years old and my father 54 has been a raging alcoholic and drug abuser my whole life. One morning after being asked to leave my home he decided to call the police on me in retaliation to our argument and me not giving him any money. When the police came he claimed I assaulted him and like I said the responding officers reported it as harassment and left.
  20. My lease is ending on October 31. My current roommate is remaining in the apartment and another tenant is moving in, and they are signing a new lease which begins on November 1. My landlord will not return my security deposit to me, as my original roommate is still in the apartment. What are my legal rights?
  21. in NYS, who is legally responsible if the owner of property is dead and the estate has no money for taxes and maintenance and the property is stigmitzied and has no value because it can't be sold? Who takes responsibility over the property? Is the City compelled to take over the property? Also what happens if a property owner cannot pay the taxes or sell the property because of defects. What happens to the property?
  22. Hi, I have an IOU signed by my Mother (NY) and need to file a verified claim from out of state (Oh). My brother is exeutor with two other siblings- they do not want to pay it. I was not planning on forcing the issue until my brother (ex) started bulling me and is now refusing me my Mother's belongings- as is in her Will. After much research and talking to lawyers I finally decided I would make a claim. Estate was filed in early April- I have little time. I found forms but need direction on proper steps to filecorretly. Lawyers are running around and not walking me through. Doesn't seem difficult... butneeds to be done right! Already sent a claim letter to Executor with return rec't- but does it need to be the formal affidavit to him? Confused with form. Can I send these forms to county building with payment?? What is the fee??? Someone Please HELP>>> Confused- Is it simpler than I'm making it? Then what to do re: personal property that is Refused to me? Appreciate any guideance- Thank you
  23. My daughter's mother is remarried. By court order, she is supposed to provide insurance for our daughter. I recently found out that my daughter has been enrolled under her step father's insurance. All I care about is that my daughter has medical coverage, but this seems counter intuitive to me. Is it legal to have a dependent on your insurance when you have no legal guardianship over this dependent? Thank you in advance.
  24. I am getting laid off and have been looking for work. I have until the end of the month to get a job and had no luck landing one so far. If I have to apply for unemployment benefits, am I also able to work part-time to help out and cover the bills that unemployment can't cover? If not, are there any other benefits that can help out while I'm looking?
  25. After living in an apt for 9 months my friend came back to NY and wanted to take back his place. Thus breaking the 1 year lease agreement I had with him, which should really have been a sublease agreement. Not a real problem except that it was back in May 2013 and he still hasn't payed back my deposit in full. It was a $1800 deposit which he has payed $1000 back very slowly, I have to hound him every couple of weeks to even try and get him to pay. So I'm thinking I might be forced to sue. Also after receiving one of the rental receipts from the actual landlord during the first month of living there, I found out that he was only being charged $1200 for the apt and charging me $600 more. As well as in that same month of living there we had a conversation telling me that if the landlord or anybody else asks for him, to tell them he was on vacation. Making me believe that he never got the landlords permission to sublease the place. My questions are: 1. How do I start the small claims procedure? 2. Is charging $600 more on a sublease legal? and if its not legal can I receive restitution for him over charging me? 3. How can I get the receipts of those 9 months from the landlord? Since I'm guessing that information is private.
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