Questions Answered by Lawrence Allen Weinreich
Q: Two post divorce questions on housing and child support from a recently divorced dad
1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the... Read more »
If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living.
In regard to a change of "child support", since... Read more »
Q: What would be required if I wanted to get a passport for my daughter and the father is not around even with joint cust?
If the father was given the opportunity to see my daughter on specific days through visitation and is not following through. Would I be able to get my daughter a passport for vacation? He has not seen his daughter in over 8 months nor provided for her in anyway. Reaching out doesn’t seem to work... Read more »
If the father is not cooperating in getting a passport for the child, you will have to go to court and get a court order that allows you to make the application without him. As long as he is served with the court papers, the court can proceed without him if he fails to appear.
Q: If my Step Children’s aren’t return from the state of Florida by the time school starts what can their father do ?
Their father had a civil agreement with the maternal grandmother but the mother has intentions on keeping them . The kids been living in the state of New York two years and where removed out the mothers home by ACS in Florida because the home unsafe .Can their father file for emergency custody if... Read more »
If the children have been in NY for the past 2 years the father can file for custody however, don't expect a quick decision.
Q: I have been on SSI disability for 9 years DSS is saying I owe them$11,000 dallors my kids are 27 and 26 my son married
Son has been married 5 years I use to have custody of my son for 4 years and this back child support this case is old
Unfortunately, child support has a statute of limitation of 20 years so DSS can go back that far. You should get a copy of what they say is owed and since when and take that information to an attorney and discuss it with them.
Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.
There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim... Read more »
There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.
Q: NY Family Law Magistrate Facts and Finding acerted Powers v Powers 86 NY2d 63, 68-69 [1995] case wrongly?
NY Magistrate used the above case to assert that respondent had income and willfully did not pay plaintiff. However, Respondent showed through tax returns and financial affidavits that he did not have the means to pay. As well, plaintiff and Respondent signed a contractual modification agreement... Read more »
Your question does not have enough information to give a full and considered answer. In general, the burden is on the payor to prove that he does not have the ability to earn enough to make the required payments and the money that he does have is spent only on necessities. In other words, as an... Read more »
Q: So my boyfriend is 17 years old he got into a fight with a cop does he go to jail ?
He was leaving the police station but the cops was talking a lot of sh*t and my boyfriend said f*ck you and a lot of cops hop him and he started defending him self and one of the cops got their ankle injury and press chargers on him, my boyfriend called the police station and apologize but he... Read more »
He might, there is no clear answer to this question without more facts and details. If this is the first time he is involved with the police his lawyer should be able to keep him out of jail.
Q: My child's mother is filing for modification of child support and a petition of violation of child support.
I stopped paying childcare costs after we made a mutually agreed upon written notarized agreement. I allowed her to leave the state in return that I did not have to start paying private daycare costs again. We live in NYS. Will this written agreement hold up on court?
She also is... Read more »
If the written agreement is in the proper form, it will hold up in court. If the agreement holds up, that is a defense to payment of babysitter costs from the time of the agreement. The fact that this was negotiated so that she could leave the state is helpful.
Q: Can my deceased exes new wife clean my child on her taxes?
My ex passed away in 4/2015. As per the divorce decree he could claim my middle child on his taxes. When I went to file my taxes I found out his new wife had claimed my daughter on his behalf. She had filed jointly/married for him. My ex did not support my children after he was deceased - Child... Read more »
Unfortunately, she can claim them for the year that your ex was still alive pre your divorce decree. However, going forward, she cannot claim the children on her taxes.
Q: What if I’m not sure I’m the father?
I live in NJ and got a letter from the NY courts for child support, but I’m not sure if I’m the father; I don’t even know the child and she’s already 4 years old, I have court on August, what should I do? And what are my rights ?
you have the right to ask for a DNA test to prove you are the father
Q: Can I go for a one week vacation to Puerto Rico with my daughter when her father has visitation rights.
He gets my daughter every other weekend and I’m taking my daughter on my time. Not his.
If it is on your time as you say, then there is no problem with taking your daughter on vacation with you
Q: can I lose my daughter if I marry someone in jail?
This is hard for me to ask but I have a 4 year old daughter. I met my current fiancé when she was 4 months old. We have been together but a few months ago he was arrested and is awaiting trial. We are planning on getting married soon before his trial and I am scared that her father can use this... Read more »
It would take more than what you have included in your post to lose custody of your child.
Q: Are Grandparents rights laws still active in New York State?
Grandparents have rights to have visitation or even custody under the proper circumstances in NY.
Q: Is it possible to have my ex pay my legal fee's in child support case; for violation of order?
There was a support order issued in 2012/2013 for 50.00 per week. To date, the arrears exceed six thousand dollars.
I am aware that he has been employed in various occupations and capacities over the years, but has managed to either work off the records, or withdraw from employment before... Read more »
The court can award fees if he is found to have violated the support order (but that is after the case is over). At the same time, you can request an upward modification based upon what is going on at this time and increased expenses.
Q: Can I leave my mothers house at 16 and move in the father of my child’s house?
My mother is constantly putting me down mentally and emotionally. There was a time she said “he just wants in your pants” and another “who knows what you did with ******** in that dress I hope you used double protection because we can’t afford another baby”. I have a one year old son, a... Read more »
You can move out of your mother's house. She can try to force you back or even ask for custody of your baby but based upon what you are saying she probably won't win. Just be careful as depending on the age of your boyfriend she may try to have him arrested for statutory rape. I suggest you... Read more »
Q: My brother wants to take my dad to court to challenge him on ownership of him and my mother's house - is this possible?
My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »
Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try... Read more »
Q: Judges decision and order did not factor in any of defendants payments towards plaintiff claim
You have not supplied enough information to give an answer.
Q: What Grandfather rights do I have in New York to visit and see my grand kids. Their father has custody. They are 13 & 12
He will not allow them to leave state and visit out here even in the summer nor attend a variety of academic and athletic camps that are available to them as tribal members. They know nothing of their heritage or their family as I only recently learned of my daughter. I am willing to file in that... Read more »
You should speak with an attorney immediately and discuss all of the facts. Based upon what you are saying it seems that you are a member of a native American Indian tribe as such, special rules may apply.
Q: state of NY Ex wants me to leave house and will not file for support. what do i need to file in order to see my kids
No violence or anything. i just want to not to be charged as abandoning my kids. Unmarried house is in my name.
You should discuss the situation with an attorney ASAP. You don't have to leave the house as it is your property. If you do leave, if you are only looking for visitation, you can file a petition in family court for visitation. If the two of you agree to a schedule to your liking for visitation,... Read more »
Q: I would like to obtain an order of protection how do i go about that?
My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »
What you can do is file for an order of protection in family court.
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