A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More

The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More

If you spoke to him in the context of an attorney/potential client context, he is ethically bound to keep your information confidential even if you do not retain him. If he tells someone and that information reaches the police and you are arrested, the court, if it finds the incriminating... View More

If I understand your facts correctly, you got agreement from someone to cosign for a loan on your vehicle purchase. This makes him liable for payment of the outstanding balance as well as you. You state that somehow there are two creditors demanding payment, not just one. If you had two... View More

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

Parents can deed property to their child(ren) yet retain a life estate for the two of them. Upon death of the survivor, the children take the house. That is a pretty clean way of doing it. As part of the deed or in an executed agreement, it should be state who will be responsible for upkeep and... View More

An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More

Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More

I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More

You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More

CPLR 2219(a) requires that a motion be made within 60 days of its being joined (shorter for a provisional remedy). If a judge fails to render a decision in that period, one may pursue and Article 78 proceeding against that judge.

Off hand, I am unaware of a specific prohibition of such unethical conduct. If one obtains proof or a pattern of this conduct unique to that agent, then complaint may be filed with the NYS Dept. of State which licenses real estate brokers and agents and they may investigate. However, a hunch is... View More

If the supported child no longer has a right to support, an argument of fraud may be made, for its return in an action against the other parent. The amount of money you would get back will determine if it is economical. However, you should seek modification of the support order as well. Consult... View More

The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More

Check the Surrogate's Court of the county he might have filed his will, typically that of his residency, for a will. If nothing is there, contact the attorneys you are aware he most recently used for legal matters. If that's a dead end, run an advertisement in the local bar association... View More

An unrecorded deed is still valid and should be recorded asap, as NYS is a "race" state meaning of two valid deeds, the first filed has priority even if the other was more recent. Upon the death of one joint tenant, the survivor automatically obtains full ownership. Also, although there... View More

Understanding your intended question is challenging, but I'll take a stab. There is a breach of contract claim and the defendant filed several counterclaims. Plaintiff seeks dismissal of the counterclaims before trial which will be unlikely unless there are no material facts to be determined... View More

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.