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Messages - Shaggy579

#1
I have searched around and cannot find the statutes for this in NY. Can anyone help?

Thanks again
#2
I received a summons to appear for a support hearing at the end of next month. I would like to send support to my family now because I feel it is the right thing to do, but I do not want to send all my spare money and not have it applied to the eventual retroactive lump sum that I expect that I am accumulating. If I wait, it may be months befor I can help out my family..

Any advice?

Thank you in advance
#3
I have been sent summons for custody and support. Untill my wife took her children to her mothers house, I would qualify for an appointed atty. as there was 4 people in the household and I do not have a high income. Now that they are gone, I am just over the guidelines to qualify. I have not been to court for the support summons, and have gone for 1 custody appearance without counsel. I had been supporting my family and do not have savings to afford an attorney.

  Being that support will be retroactive to the day she (they) left, am I technically paying support now? Can I tell that appointed counsel program that I should have a lower income guideline because of this? I am very confident that if my income were adjusted for the support cost that is currently accumulating that I would qualify for the program.

Any advice would be appreciated!
#4
General Issues / RE: Just got D papers
Aug 15, 2006, 09:47:16 AM
My wife has responded very negatively to any talk of reconcilliation - please see my other post in this thread for other details

Thanks,
Steve
#5
General Issues / RE: Just got D papers
Aug 15, 2006, 09:44:41 AM
A little more info- 2 days before I was served, I filed for a change of visitation (completion of couseling was considered a significant change of circumstances in the original cust/visit order). I have been told that that case is cancelled and moved from family court to supreme court to be merged with the divorce case.

I do not dispute any of the property or $ issues, I agree with them. I dispute the grounds of cruel/unusual treatment, and the current visitation order (7 hours/wk, supervised, not at my home). I would agree to 'irreconcilable differences' or something similar, and I want a more 'normal' visitation schedule (more time, overnights, unsupervised, at my home etc.).

I would be hard pressed to afford an attorney, but I do not want my right to raise my children to be compromised.

Any suggestions?

Thanks again,
Steve
#6
General Issues / Just got D papers
Aug 01, 2006, 06:49:40 AM
 was just given divorce papers after 1 yr of separation. All of the examples for the grounds are from a period when I abused drugs. I have been in counseling for that last year (just finished :) and am back to the person I was when my wife and I met. I would like to go to marriage counseling to attempt to work things out, we have 2 children (1 and 3) that really deserve a normal family/childhood, and I still care deeply for my wife.

1- I was given papers by my mother in law (she hates me and likely enjoyed it) - Can she officially serve me?

2- can I safely state my intent to contest the D without a lawyer (I dont have $$$)? If so, what papers do I need, and where would I send them?

Thanks in advance for any advice!

BTW- I live in NY, not the city.
#7
General Issues / order of protection
Sep 13, 2005, 11:05:47 AM
As part of a custody case, my wife has a temporary order of protection (excepted for the visitation period). On 3 occasions she has unlocked and entered my home and taken some of her possessions that are still there with no notification to me. Is this a violation of the order? The order does state that my residence is no longer her permanent address. Can I request to be notified when she will be by my house? (I do not object at this point to her getting her possessions, I just want to know that I was not burglarized as she made a bit of a mess each time and left no note)

Thank you in advance
#8
Visitation Issues / Change of visitation
Jun 27, 2006, 01:04:17 PM
My wife and I separated last august, qand she got custody of our children through the court. I have 1 day visitation 11-5, supervised, and not at my house.
 The final court papers stated that my completion of a counseling program would be considered a substantial change in circumstances, permitting to apply for a change of the decision. I want joint custody, unsupervised visits, weekends, overnights, visits at my house, rotating holidays.

Is this a lot to ask? I cannot afford an attorney for this, and make too much to get one appointed. Any advice would be appreciated.

PS- Ideally, I would like the family to be back together and for the two of us to attend family counseling, but I have not found my wife willing to do this as of yet. Could this be part of the new order?
#9
First, I apologize for the delay in reply. I have been staying with a friend on the weekends (helps save me from empty house)

I should add that there is a temporary order of protection in effect, so I am not allowed to ask fo visit time by word, or by mail. I am lucky that she agreed to let good friends of mine supervise, so they make all the requests. I have not asked them to do so in writing, I figured that being a third party, they could just sign a statement confirming visit times and such.

Now, This last weekend, I was not allowed by the mother to see my younger daughter (6 mos.) as she was 'sick'. The visit supervisor went to the house to get my older daughter (3 yrs) and said the baby looked fine. No Dr.'s appointment was mentioned. This to me seems like a blatent denial of visitation. Would this help to make my case in court?
I would like so much to calmly work with my wife to plan visits, watching kids while at work, and just offer support, but she refuses any communication. I do not want this to be a bIg expensive mud-slinging battle, but I feel that I am being pushed in that direction.

 I had the visit supervisor mention talking in mediation and she denied. Can I have the court order this?

 She is also denying to allow visitation at my house saying that it would be unsafe for the children. Who/how could I get a walkthrough to disprove the allegation?

Thank you again for your replies
#10
Visitation Issues / RE: Length of visitation
Sep 14, 2005, 11:41:04 AM
Unfortunately, my friend who is the 'supervisor' if chronically late for things, so this last Sat, they were 20 mins late on the pickup and 20 mins late on the dropoff - Totally out of my control..
I have had only one visitiation to date, I would never let a weekend go by without seeing my kids- they are a bright spot in my rather dim life

I was just wondering what constitutes a 'day' of visitation, and if the mother can impose time limitations upon it