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Questions Answered by Lawrence Allen Weinreich
4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 18, 2023

School districts are ranked based on performance and other criteria. This information is available on line. If cannot find it call the school district directly and ask for the information. Keep in mind that you have to show that it is at least as good if not better than your current school... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my ex husband move out of state with kids again ?

My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 22, 2023

If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Will working cut my child support?

I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My son was born and PR and I live in Ny. never married. I am listed as father on birth cert. How do i get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2023

Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: NYC - Non-Custodial parent was arrested night before appearance (he petitioned for visitation).

The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... View More

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2023

The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If the father of my kids agrees to signing his rights over fully. Would the child support continue or stop? I

I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 28, 2023

(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... View More

2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2023

Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... View More

2 Answers | Asked in Divorce for New York on
Q: How can I get a divorce, but have no idea where other individual resides or what state they live in?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 4, 2023

It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More

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1 Answer | Asked in Family Law for New York on
Q: In New York state does paternity have to be established for the father in order for him to sign his rights away?

My daughters father is not listed on her birth certificate and has not been involved in her 6 years of life. He wants to sign his rights away as her father. Do I have to establish paternity with the court first for him to do that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 17, 2022

A parent cannot sign their rights away. The only way to lose your rights as a parent is have your rights terminated by the courts after a neglect petition has been filed or when the child is adopted.

2 Answers | Asked in Child Support for New York on
Q: If a child receives SSI, does the father still responsible to pay child support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 12, 2024

Unfortunately, the answer is yes there is still the obligation to pay child support. In most cases, there isn't a reduction in child support even though the child received SSI.

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3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 12, 2024

Although there is a minor child involved, unless your wife can come up with a way to pay for the monthly expenses (including the mortgage) on the house, the court will most likely order the sale of the residence.

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2 Answers | Asked in Family Law for New York on
Q: Sole custody and finding by the Office of Children and Family Services

If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 5, 2024

Yes you can. You are a parent and if the other parent is not doing the right thing you have an obligation to the children to protect them.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Had a child while married (not husband’s child), can I file uncontested divorce as there will be no issue of support?NYC

Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 24, 2024

The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.

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1 Answer | Asked in Family Law for New York on
Q: Wife against husband going to rehab, is it abandonment if he went anyway being it is for his health?

Married in 2022, baby in 2023. Wife blocks husband’s family from phone and social media because they are trying to help. Wife controls everything.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

Going to rehab in and of itself is not abandonment.

1 Answer | Asked in Divorce for New York on
Q: the law regarding my premarital home sale profits used as downpayment for a martial home. Can I get downpayment back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back

3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

The agreement is executed when you both sign it. Therefore payment begins the first day of the first month after it was signed

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2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 3, 2024

If he is working full time and is self supporting or capable of self support, then it is possible that you won't have to pay child support at all. You should have a consultation with a local attorney and go over all of the facts.

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