Legal Question in Family Law in New York

To whom it may concern,

My husband and I have been married for about 5 years. We have a 4 year old daughter and one on the way. We live in a one-bedroom apartment on queens. He works for an insurance company and I am a stay-home-mom.

This is his second marriage and my first. During his first marriage he had two kids. Now a 15 year old and an 8 year old. Both girls. Every month he has had his company pay his ex-wife about $600 monthly without fail.

Recently, his ex-wife has contacted him, wanting to move to Boston for some sort of new job. She wished to take both the girls and receive an increase in the support, claiming �her� expensese have gone up.

She had some papers sent to our house summoning him to court because he wished to fight for full custody for his oldest which of course she said no to. Her reason for this was because he did not spend any time with his daughters. His reason for that was because when he would go spend time with them, the mother would take the oldest to a psychotrist claiming she would turn for the worse when she would spend time with him and me.

He of course did not wish to see his oldest go through that so stopped seeing them. When this was brought up in court (during the custody part), the judge explained to him that he did have rights that he should have excerised. My husband tried to explain he did not know of them since when they got divorced he thought all that was given to him was all he could do.

At the end, the judge said he is to have his daughters with him every other weekend (Saturday 10am to Sunday 5pm), certain holidays, all until febuary 9th which is when they will meet up again. Once they do, they will assign the oldest one a legal guardian who will ask her what she wishes to do and how did she pass her time with her father (the oldest one does not wish to move, the youngest one will go whever the mother goes since he did raise the oldest for quite a while before he got divorced).

The judge also said that no one is allowed to relocate the girls anywhere until febuary 9th where he will decide what will be done with them.

Then they headed off to the support case and she was able to make them have my husband pay now about $800 monthly. An extra about $200 we do not have. Like I mentioned earlier, he does work for an insurance company but after taking care of all expenses plus household bills, etc, we are not left with much monies afterward.

He tried to explain this to the judge and she said basically that the other two where there first which is true but to take monies (which buy food/clothes) from children to give to others only because one parent wishes not to work, personally is not right.

She is currently living with her parents and not paying anywhere close to rent as my husband is. In his old job, he did not have to pay any sort of medical bills, but now his company only covers about 80% so there is another bill that falls on him alone. She is constantly taking the girls to doctors when there is nothing wrong with them and we all know that even a brief checkup costs someone a lot.

What I want to know is, is there anything that can be done about this? Will she be able to take even more monies from him? If yes, then how is his current family to survive where the apartment might be lost since the rent might not be paid, etc.

Thank you in advance,

Monica

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