Legal Question in Family Law in New York

help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

my wife and i have split up for the 5th time! its over for good and she is making up outlandish things about me to show me whos boss in court. shes got everbody but the pope against me as character witnesses and has fooled the socail worker as well......... now a neglect accusation will be found'' indicated'' she has done this before and then backs out of it and says she exagerated the facts and drops the whole thing. she begs me back and i do it. this time i am screwed,,,,,,,,, i know it.

if i leave ny and move will i be able to pay the support and be ok? my wife has the kids. can i leave before the the family offense hearings are over. they are believing her vindictive lies and im gonna get crushed! can i just go away and pay whatever support they demand?


Asked on 10/31/06, 11:11 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

CONSULT AN ATTORNEY ASAP!!!

If you leave the state before Appearing before the Court, on the "Family Offense" charge, a Warrant could be ordered for arrest.

After appearing and resolving the issue (hopefully by no more than entry of an Order of Protection), if you are not under a Court Order or Direction NOT to leave the state, you may leave the state and live wherever you wish.

In the interim, You can and should not, under any circumstance, return to your EX, or your home. Nor allow her or your children any contact or communication with you. ASSUME, at this point, that everything you do and say viz them, will be used against you.

In "Good Faith," and in recognition of your family's need and your obligations, You can and should provide regular support through verifiable means, (ie., money order receipts, certified funds etc.), transmitted by certificate or certified mail, even w/o a Court Order. However, the amount of support you decide to pay (w/o a Court Order) should be thoroughly discussed with an attorney, BEFORE, committing yourself to payments.

Good luck,

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Answered on 11/03/06, 11:49 am


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