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My ex husband recently bought a home and has assets worth…

Customer Question
My ex husband recently...

My ex husband recently bought a home and has assets worth 83,000.00 since nov, 2017. He told me hes not working but I found out he worked at first data for two years. He hasn’t paid child support since feb 1, 2018.

Lawyer's Assistant: What steps has your ex-husband taken? Has he filed any papers in family court?

Yes he filed custody papers and I filed child support increase, order of protection and modification of visits

Lawyer's Assistant: Family law varies by state. What state is he in?

He claims he lives in ny but he resides in new Windsor ny

Submitted: 2 months ago.Category: Family Law
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5/25/2018
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,906
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

Good morning. Can you please share with me what your question is?

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Customer reply replied 2 months ago
Good morning my ex husband is trying to serve me with a custody summons because he wants my some to go to school in New Windsor ny. He hasn’t informed the court of his new address he documents say he resides in Brooklyn. I found out yesterday that he owns the property and has 83000 in assets. I filed a summons for child support increase, order of protection and visits modification.
Customer reply replied 2 months ago
He hasn’t paid his child support order since feb 2018. I found out he was working at foray data but no longer is there.
Will the court y’all anout his assets and can it be used for child support?
He receives military disability will they use that as a income?
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

Thank you. Yes, if he has money and assets and there is a need to increase child support, you can motion for it. If he has not paid what has been previously ordered, you can also try and hold him in contempt of court and the Judge can go after him to compel that he pays. If he has the money and is just refusing, the Judge is NOT going to be happy. Now, for his to get custody, he is going to need to show it is in the best interest of the child to live with him and go to that school, over remaining with you. These are all issues for the judge to decide and rule upon, based on the evidence and interest of the child.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 2 months ago
My son is registered in tuition based school for high school in September. He has been registered since nov 2017. Will my son have to say where he wants to be
Customer reply replied 2 months ago
I asked for the modification of vista for the summer becuase my son has a mandatory summer training program he has to go to for his internship durning the school year at google. He also has a Scholarship to coding space for two weeks. Dad normally has one month in the summer to himself
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

At this age, the Judge may speak with him but it would be at his discretion. If he is in high school, he could convey his wishes to the Judge but the Judge always has the final say. Based on the reason for the modification ( which appears to be strong), the Judge should consider this and allow this since it is a great opportunity for your son and the father can have alternative visitation or makeup time in some other way.

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Customer reply replied 2 months ago
Is it ok to have the child support summons sent to his home address in New Windsor?And when should I inform the courts of my findings ex: his property info on his last job
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

The summons needs to be sent to his current address so he receives this and is on notice. You should inform the courts as soon as possible of your findings and his income and ability to pay support and for the increase. You need to show he has the ability to pay it and the child needs it.

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Customer reply replied 2 months ago
I have school tuition letters for his school and the coding program. I have letters from the children’s parents he tutors and I have the registered date my so. Was registered to his new school. Do I need anything else. Both letters have the amount that needs to be paid. Do I also inform them of of precious work.
Customer reply replied 2 months ago
When you say on notice exactly what do you mean. Does it mean I have to do the petion over again and put that address now? Is there any way I could have his bank accounts frozen I know he banks with Bank of America.
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

You want to present all relevant evidence to the Judge for the 1) increase of support and 2) modification of visitation. The Judge needs to be informed and you need to support your motions with evidence.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

The Judge can order that his accounts be frozen or seized or income be garnished if he owes child support.

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Customer reply replied 2 months ago
Ok
Customer reply replied 2 months ago
Ok great thank you
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 2 months ago
One more thing you said “on notice” does that mean to do the summons over again
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

On notice means to send him notice of your motions to increase child support and modification of visitation. You shared above and asked if you had to send it to his home in NY, and you most certainly do, since he needs to respond and answer to this.

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Customer reply replied 2 months ago
Great thanks again you have been a great help
Family Lawyer: FamilyAnswer, Lawyer replied 2 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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