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Being sued in NYC Family court by my ex-wife who is in Russia.

 
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  • Answered by:LawTalk
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Customer Question

Being sued in NYC Family court by my ex-wife who is in Russia. We are divorced in Russia but I couldn't afford to get a divorce here in the states. I stuck in a job that pays me so little that I can't afford to even rent a studio apartment so I clearly can't afford a lawyer. I need advice in a BIG way.

 

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State/Country relating to Question: New York

Already Tried:
I just got served so haven't done anything yet. I've never had to do anything like this so I'm completely lost.

Submitted: 499 days ago.
Category: Family Law
Value: $60
Status: CLOSED
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Expert:  LawTalk replied499 days ago.

Good afternoon,

I'm sorry to hear of your situation.

You have briefly stated your situation. What question can I answer for you? What, specifically, were you served with?

Doug

Customer replied498 days and 23 hours ago.

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Here's a photo of what I was just served with.

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Expert:  LawTalk replied498 days and 23 hours ago.

Are you under a court order---from either Russia or the US---- to pay child support or spousal support that you are not paying?

Customer replied498 days and 23 hours ago.

Not that I am aware of. I know not here in the US. I got a bunch of documents from russia which are in Russia but I can't read them. The papers I was filed with say there was no previous court order to pay support so I assume there isn't Russian court order either.

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Expert:  LawTalk replied498 days and 23 hours ago.

Do you have one or more children with your ex?

Customer replied498 days and 23 hours ago.

We have a daughter. She has full custody of her and she's in Russia with my ex.

Accepted Answer

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Expert:  LawTalk replied498 days and 23 hours ago.

Good afternoon,

This petition is seeking monetary support of some kind. Article 4 of the NY Family Court Act covers both child support ans spousal support. However, if the Russia court did not order spousal support, then the NY court will likely only concern itself with child support. I can not tell from the page you linked whether it is for child support only or for both child support and spousal support/alimony.

You will need to respond to the summons, and appear in court at the appointed time and date. You should bring proof of your income over the past year---such as your tax return or W-2's from your employer(s) as well as a listing of your living expenses. The court will determine the level of support that you will be obligated to pay. While you don't have to have an attorney with you, if you can afford one, it would be a good idea.

I can also tell you that as a general rule that the amount of child support that you can expect the court to order will typically be in the range of 15% to 20% of your gross monthly income.

If your income is so low that you can not reasonably support yourself---and this is where proof of your living expenses is so important---the court can order child support of as little as $50 per month.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Expert TypeAttorney and Counselor at Law
Category: Family Law
Pos. Feedback: 98.2 %
Accepts: 5655
Answered: 1/12/2012

Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.

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