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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 22, 2021

Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.

1 Answer | Asked in Family Law for New York on
Q: Can my husband refuse dna when he is not the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 20, 2021

The courts want his DNA only to exclude him if there is a paternity petition brought by another man. In NY a child born of the marriage is considered a child of the married parties.

2 Answers | Asked in Family Law for New York on
Q: What if my husband wants to divorce before the baby is born? Would he always be the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 8, 2021

In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be... Read more »

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1 Answer | Asked in Family Law for New York on
Q: How can I make my husband recognize OUR child, if he is not there at the hospital? He doesnt want recognize his son

Hi i'm married with an american man. i'm pregnant of his baby and i live in Italy.

He doesnt want to have a baby with me, for his problems with his kids from his previous marriage

He wants from me an abortion.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 7, 2021

Your husband does not have to be at the hospital. Under NY law, a child born during the marriage is a child OF the marriage which means he is automatically the father.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for New York on
Q: Is it illegal for my grandma to keep my mom away from me wen I did not do nuffin I have no stay away no nuffin

Yes my grandma is 83 years I’m 28 my mom is 57

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2021

Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.

1 Answer | Asked in Divorce for New York on
Q: Can my ex Husband force me into an every other week schedule after 7 years of splitting the week?

I have been divorced for 7 years, we have two kids, during the custody negotiations my ex-husband was contracted by choice to work weekends as an ICU nurse. He would not take any weekends and because I wanted him to see the kids I agreed to a schedule that was Monday afternoon until Thursday... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 19, 2021

He cannot force you to make a change if you do not want to. He can bring the matter to court and the court will decide what is in the children's best interests. You should be aware, that the usual visitation schedule is every other weekend and 1 night for dinner each week. You can however... Read more »

1 Answer | Asked in Family Law for New York on
Q: When and how can I claim the 20 year statute of limitations has run its course in NYS?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 8, 2021

The question isn't clear. However, if you are asking when the statute "runs its course" to mean the last date that arrears can be sought, then the answer is 20 years from the last date that support was due. That would be a defense in an action for arrears and would only be used at that time.

3 Answers | Asked in Divorce for New York on
Q: hello. I've got some questions about spousal support or maintenance before divorce.

haven't filed yet but I think my husband might soon.

I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2021

You don't have to wait for a divorce, if your husband has stopped supporting you, you should go down to your local Family Court and file for support. Any support order would be retroactive to the date you filed your application so the sooner you file the better.

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1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2021

There is no way to answer the question without knowing what the evidence is and what he is alleging. Just based upon his not working in a year and future surgery is not sufficient for a modification.

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1 Answer | Asked in Family Law and Civil Litigation for New York on
Q: How does someone born in Puerto Rico but now lives in the states, correct a name change on their birth certificate?

My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.

For all the time he has been in the United States (specifically NY for over 40... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2021

Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he... Read more »

1 Answer | Asked in Family Law for New York on
Q: Does POA daughter have final say whether Mom gets vaccinated? Mom lives alone and is of sound mind. Mom has 5 daughters

All daughters do not agree. The oldest thinks she has the final say and other daughters are not allowed to take her to get vaccinated without her approval.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

The short answer is no. Mom makes the decision for herself and the other daughters can help mom get vaccinated if she wants to. The POA only gives the daughter the ability to act in mom's place for those things she was designated to do (usually financial matters), it is not a power over the mom.

1 Answer | Asked in Child Support and Family Law for New York on
Q: My ex said A child support case got entered in April of 2020. How is that possible when I don’t live in his state?

I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you get your case set up to pay your 19 year old directly for support?

My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

First check with the bar association in Saratoga County for attorneys. In regard to the support, you have a good case for having support terminated. Your child is over the age of 18 and not going to school. That is the basis for cutting off support. It would then be up to the mother and the... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: If my ex spouse moves to a new state with my children against my wishes, is it parental kidnapping?

I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 22, 2021

You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not... Read more »

1 Answer | Asked in Divorce for New York on
Q: Should my daughter move out of the house into a apartment from the house she and her husband bought together 4 years ago

They have been together 7years,lived together almost 5 years and married in 6/2020. January 2021 he doesn't want to be married anymore. She knows she can't afford the house alone and he won't go to counseling.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 22, 2021

You haven't supplied enough information for a good answer. Since the house was bought together they each own the house. Based upon the limited information provided, your daughter should not move out at this time. It is highly recommended that she seek a consultation with an attorney where... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 28 with disabilities since birth, does NY have a Law that absent parent has to pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 18, 2021

Unless you have an divorce agreement that says support continues beyond the age of 21 all support obligations for a child end at 21.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If a minor (14M) gets another minor (14F) pregnant, is there any legal responsibility for the male?

The family of the male does not want to be involved in the upbringing of the child and would rather the child be put up for adoption, while the family of the female plans to raise the child. Are there any legal obligations/responsibilities regarding the male or his family since both of them are... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 17, 2021

The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I’m a young adult writing a novel that takes place in 1942. Would harboring a runaway be punishable?

This is a fictional universe of course but I haven’t found much information on the subject. To make it brief, a young girl runs away from an abusive father and winds up on a man’s doorstep who takes her in. He cares for her until months later, the abusive father gets a legal team to seize back... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 15, 2021

Under todays' laws the answer would be no however you would need to speak to someone familiar with the laws in 1942

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