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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Family Law for New York on
Q: Do I have to give my sons father money from my taxes after claiming our son?

Unmarried couple with child. Child lives with me and father gives child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 26, 2020

No

1 Answer | Asked in Family Law for New York on
Q: my sister is in the northeast center for brain trauma and rehabilitation center how can she get transferred to florida?

they want to relocate 40 residents to massachusetts and i cant allow them to stay with her guardianship. how can i fight that? Me living in Florida and my sister is in Lake Katrine, New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 26, 2020

You need to start an action in Surrogates Court to become the new guardian

1 Answer | Asked in Family Law and Child Support for New York on
Q: How can a father requested information to reassure his child is actually attending college and their academic grades.

I’ve been trying for a couple of years to correct child support payments with no success, my taxes are being garnished yearly. I have no problem paying whatever is needed for my child, my question is how I’m I suppose to correct this situation when the other parent have family members working... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 26, 2020

Since this involves Puerto Rico you need to address the problem there not in NY. If you live in NY you can try to file a petition to stop child support as the child is not attending college and the defense would have to prove what college the child is attending [you might even get the grades for... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there anything I can do as the custodial parent who has a court of of CS but the NCP is not paying?

The judge has ruled against his modification, petition to reduce, and now he has petitioned for suspension. We started the process 2/17 and finalized 6/17. He lost his job 8/18; got the order reduced based off another CS case but that case was dropped and my original order was reinstated 10/19, now... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 24, 2020

Unfortunately there isn't much you can do unless he keeps filing and the court has had enough. At this point you can try to move to dismiss if he hasn't shown a change of circumstances since the last order.

2 Answers | Asked in Family Law for New York on
Q: how to get a lower variation in child support due to the fact that children spend 3/7 of week with father

What documentation is necessary? What do I need to bring to court?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 24, 2020

The only way to pay less is by agreement. If you go to court, the court is bound by the child support standards chart

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1 Answer | Asked in Divorce for New York on
Q: Ive been waiting for my divorce for 1 year the status of the divorce it says its disposed. what does this means?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 21, 2020

It just means that the case is over. You should check with your attorney or go to the court clerk to see where your Judgment of Divorce is.

1 Answer | Asked in Family Law for New York on
Q: I had a physical fight with my 19 year old daughter. No police were called and no charges were filed.

No damages to either person, Just a lot of anger. The 19 year old informed her other parent. Can there be charges pressed by the other parent?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 21, 2020

The answer is no as a 19 year old is an adult.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: i am a minor and i have an order of restriction against my mother its currenly been a year when will i be able to se her

my father has full costudy of me and i am only 15

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2020

Without seeing the order it is impossible to say when it ends. However, the order should end no later than your 18th birthday.

1 Answer | Asked in Family Law for New York on
Q: I just owe back support I am on ssd I can only afford so munck I want my. Right to drive back And Ilost the love of kids

Mass

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 17, 2020

You need to file a petition in Family Court to get your license and for how you are going to pay what you owe. Speak to an attorney for guidance.

1 Answer | Asked in Family Law for New York on
Q: how can i seek custody of my sister that is in a brain trauma rehab center and a lawyer has custody of her now?

my father had custody of her when the accident took place then my mother went to get her to take her back to new york because she was not being well taken cared of. my mom after a while got sick and had to make a decision of giving the custody of my sister to a family member just in case something... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 17, 2020

You need to bring on a proceeding in Surrogates court to be names as the guardian of your sister. You should have a consultation with an attorney and go over all of the facts of the case.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Hi, My name is Melinda and I'm 23 years old and my dad recently started sending me child support but I don't live

With my mother no more. But she hasn't given me any of that money. What can I do about that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 17, 2020

You are not entitled to the support. Child support is for the parent that has residential custody. It sounds like your father never paid the full amount of child support due your mother so he is paying back support. That money belongs to your mother.

1 Answer | Asked in Divorce and Tax Law for New York on
Q: IRS saying I am not allowed to take mortgage interest and real estate tax deduction given to me as part of divorce.

In my divorce decree, my ex-spouse agreed that I could take the full mortgage interest and real estate tax deduction on our property jointly owned until our son is financial independent. The IRS is now saying that I am only allowed to take 50% of the deduction because we both own it. The property... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

Your decree cannot over rule IRS rules. You should sit down with your tax advisor or a tax attorney to go over your decree, agreement and the IRS ruling.

1 Answer | Asked in Immigration Law for New York on
Q: Is there any other way?

Hi, So i in few months i am going to marry a girl i have been dating for a while now...she is a US citizen, i have filed for divorce for my previous spouse once it gets approved i will right away marry this girl, i have a child from the previous marriage who is above 18 years old right now... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

This is strictly an Immigration issue not family law.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: Divorcing my wife who I had a baby with. She's threatening to show Judge a video of me with a Knife from last year.

When I moved to a new state. I reconnected with my ex girlfriend who I still loved. I used my savings to help her move across the country with me (flights, car shipping, etc.) We discussed for her to get acclimated with the new city and then find a job to start helping contribute to our household.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

The video may have an impact but you will have rights no matter what.

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 14 yr old had a fight with another 14 yr old off school grounds. My child was the 1st to hit. Can my child be charged

With a crime.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 15, 2020

If there was an injury to the other child, even a small one, the answer is yes he can.

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Can my sister get half of the money from a house that was sold by her separated husband behind her back in divorce?

My sister is currently going through a terrible divorce, the man cheated and disappeared for 4 years after a 20 year marriage leaving my sister to take care of their house for 4 years straight. She handled all the bills (with his money from their joint bank account) but told him before everything... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 15, 2020

Your question depends on which state this is all taking place in. I cannot tell you about PA law. In NY however, if the house was purchased during the marriage she is entitled to part of the proceeds in the divorce. Even if it was purchased before the marriage she may be entitled to part of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: My son is 9.and on 1 a month visatation with his grandmother.what age can he stop going on these visatations?

Have filled court papers

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 13, 2020

Unless there is a court order directing the month long visitation it can be stopped whenever you want.

2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: How can I become an emancipated minor in the State of New York if I face mental, emotional, And physical abuse?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 13, 2020

Being emancipated may not be the best course of action. You may want to move out of your parents home and then bring a petition in Family Court for support. If things are as you say, the court will order your parents to pay support to you. I strongly urge you to have a consultation with an... Read more »

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1 Answer | Asked in Child Support and Family Law for New York on
Q: I have a 20 year old daughter, who will be 21 in a few months and her mother wants to file for initial child support.

I have a 20 year old daughter, going to be 21 later this year, and her mother has said that she intends to file for child support from the time of birth until now. There has never been a child support petition before nor any child support orders. Can she get child support for our adult daughter... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2020

She can only get support from the date of filing of the applicationto the date your daughter turns 21 she cannot go back to the time of birth.

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