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Divorce Issues - Multiple Questions


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My jurisdiction is: New York - US

Here's the situation in a nutshell. Ex (wife) and I (husband) have been legally separated since February of 2005. The divorce papers have finally been signed and notarized by both parties (Ex and I) and ready to be filed with the court.

Here are my questions:

1. Ex has been properly served and I currently have the signed and notarized paperwork for proof. However, Ex has not given me her papers stating that she's been served. Can I still proceed with filing the divorce papers, or do I have to wait to receive that document from Ex?

 

2. Within the divorce package (uncontested), Ex and I had agreed to a certain amount for child support per month for my two daughters (paperwork signed and ready to be filed w/ court). Now Ex has decided to take me "back" to court for child support in hopes to receive more than our original agreement. How likely is it that the court will award her the child support. FYI, she recently stopped the court appointed child support in the beginning of 2009.

 

3. Ex had another child two years ago. There is a possibility that this child could be mine (being honest). She isn't sure herself, but has decided to take me to court for child support for this child as well. What are my options in this case?

 

4. Providing I have to pay child support for the two year old child, how likely would I be awarded visitation rights if I took Ex to court for it?

 

5. I received papers to appear in court for child support in the mail (no signature needed). Is this a proper way that I have been summoned to court?

 

Any information would be greatly appreciated.

 

Thanks and God Bless.

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I don't know all of the answers, but...

 

If the child support you already agreed was reasonable, she won't necessarily be awarded any additional money. But if your salary has increased or the amount you agreed was less than the legally sanctioned proportion of your salary, the amount of child support might be increased. Look up the laws where you live, or ask your lawyer.

 

If she is taking you to court for child support for another child, you need to get the process halted on the basis that the child might not be yours (again see your lawyer). Then get a DNA test... if the child isn't yours you won't have to pay child support for it. If the child is yours and you do have to pay child support, you are pretty much guaranteed visitation rights (unless you're proven to be a bad parent or have a history of child abuse or something, which I doubt).

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5. I received papers to appear in court for child support in the mail (no signature needed). Is this a proper way that I have been summoned to court?

 

You haven't been properly served and the court will reject any issues arising from that particular course of action. If you are served by mail, there is a procedure to follow (whether the type of mail service or a form you must sign and return). Call the clerk of the court or see the court's web site for more information.

 

In your situation I would have a lawyer on retainer. This is not something to seek out advice about on an internet forum, IMO.

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