Legal Question in Family Law in New York

One for the Record Books!

Divorced several years ago and have custody of child. Never collected one penny in support even though X has great job. The X moved out of the United States. I immigrated to the United States under the X's assumed name. We also filed bankruptcy prior to divorcing under assumed sirname. Will I be subject to deportation? I was told that the court would not report this to INS. What if I get married again? Will I then be legal in the United States? My X contends that our marrigae and our dovorce (was not presnet in court) was never legal and he will pursue legal recouse to get custody of the child. Is this possible? Please help, I have trouble sleeping!


Asked on 12/16/02, 10:30 pm

2 Answers from Attorneys

Jeremy Morley Morley & Trager

Re: One for the Record Books!

It is not possible to provide a defitive answer because you have not supplied sufficient information. Nevertheless, I can assure you that it is usually difficult for a spouse who participated in a divorce proceeding in any significant way, such as by signing papers, to claim that the divorce was invalid. Also the fact that your ex-husband does not pay child support does not mean that he cannot now be sued for child support. The place for this to be determined is normally the residence of your child. Don't be bullied by your ex-husband. You need to stand up and assert your legal rights on behalf of yourself and your child.

Jeremy Morley

Morley and Trager

[email protected]

www.international-divorce.com

888-393-1923

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Answered on 12/16/02, 10:54 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: One for the Record Books!

You need advice and counsel on a number of issues.

It is not possible to advise you here, without facts to work with and follow-up questions, etc.

Suggest you consult with an experienced matrimonial attorney.

Do not rely on your ex-husband for legal advice.

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Answered on 12/16/02, 11:22 pm


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