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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114750
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I'm in the process of getting a divorce I file Dec 2013. My

Customer Question

Hello I'm in the process of getting a divorce I file Dec 2013. My spouse have not paid any tuition for the chidren. i'm suppose to recieve 1200 a month for child support. i get a money order for 927 . the rest goes towards health insurance. is that be allowed
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Long Island, New york
JA: Have you talked to a lawyer yet?
Customer: yes he is not helpful.
JA: What advice did they give you?
Customer: mediation
JA: Anything else you think the lawyer should know?
Customer: i have 2 children. In college, I own 75% of the marital home.
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us?
Why do you say your attorney is not helpful? They are supposed to be representing you.
Customer: replied 8 months ago.
he is not being assertive. this has been going on since 2013. instead of my spouse giving child support directly he created a which is in his account with kids name attached and gave the kids $600/mo. I have not received anything toward tuition. I was also told that i should be receiving money towards utilities. I have taken loans out and $30, 000.00 to pay the kids college tuition. right now he owes toward about $40,000 on tuition. he refuses to go into is pension and borrow money. he feel that he should not go into debt paying tuition for the kids
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
Okay, I understand you are not satisfied with your attorney and your attorney may need to be changed if they are not properly representing you, but what is your question for us about this situation?
Customer: replied 8 months ago.
the divorce and child support law in NY.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
I sincerely ***** ***** it has been our experience that when customers are not specific with us and do not provided us with sufficient information, they generally become upset over the fact we cannot provide them a lot of information about their situation. So, if you find the information below lacking or it is something you may already know, please realize that it is because you have not given me sufficient information or specific questions and you are welcomed to ask follow up questions.
First off, he is supposed to be paying temporary support if the court has ordered he do so. This applies to child support and, if married at least 7 years, spousal support. If he has been ordered to pay support and tuition as you said, you need to insist your attorney file a notice/motion for order to show cause for contempt. Your attorney's job is to protect your interests and your child's interests and if he is being told the ex is not paying and has not filed the motion for order to show cause to force the ex into court and get the court to force him to pay and also to award you costs and attorney's fees for having to bring him back to court.
If the attorney will not act, then you need to seek out a new attorney and fire this attorney for not representing your best interests.

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