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Questions Answered by Lawrence Allen Weinreich
2 Answers | Asked in Divorce for New York on
Q: My ex. asked me not to ask for alimony and he would give me 600. a month so far nothing. We've been divorced since 2012.

He is also mentally abusive to both myself and our son who has a brain tumor.

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

Based upon what you said, you have nothing in writing that has been signed by your ex. If that is the case all you have is an empty promise. If your ex is not paying child support, you can go to court to get child support as long as the child is younger than 21. Speak to an attorney about the... Read more »

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: im 16 year old foster child and need to emancipated. what should i do

i have a foster parent and home life is stressfull.

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

Speak to your CPS worker about moving to another home. There are many advantages to staying in the system such as help with college.

1 Answer | Asked in Divorce, Child Support and Domestic Violence for New York on
Q: Where can I find a pro bono attorney to assist me until the divorce settlement is reached and assets are liquidated?

My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 4, 2021

Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 1, 2021

There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: A foster mom hit my 8 year old on the hand twice with a wooden spoon the second time she said stop crying cry baby
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 20, 2021

You didn't ask a question you only stated something. What you should do is report this to CPS, your lawyer and the court if you are in court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: I'm fearful of health an safety of my great grandson.my grandaughter is involved with drug addict

Hes psychotic extremely bad,has madexthreats to kill my grandaughter an baby.she continues to stay in that environment.been working with cps whom is of little help what can be done

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

Unfortunately, as a grandparent there isn't much that can be done if CPS doesn't feel that court intervention is necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »

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

Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can a QDRO be drafted and signed by a judge with just a separation agreement vs a divorce in NYS

This would be for a NYS Pension

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 14, 2021

If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.

1 Answer | Asked in Divorce for New York on
Q: If a father signs birth certificate and the child isn’t his can he still be made to pay support.

Thought the child was mine and found out a year later she wasn’t mine but i still Took care of her

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

It is difficult to answer your question as you say you signed a "birth certificate." If it was a birth certificate then more facts are necessary. If however you signed an "acknowledgment of Paternity," then under the law you are the "father" of the child and will... Read more »

1 Answer | Asked in Divorce for New York on
Q: I want to know if I am divorced? Because I have papers they saved me.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

If you were served with a Judgment of Divorce that is signed by a Judge, then you are divorced. If you received any other papers then you are not divorced. Take the papers to an attorney and ask them to explain what it is you received.

1 Answer | Asked in Child Support, Family Law and Health Care Law for New York on
Q: I need a question answered regarding health insurance coverage for my child after a divorce

My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Can they send me to jail for non-payment of child support while waiting for the decision on modification?

I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2021

Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.

1 Answer | Asked in Family Law for New York on
Q: should i file abandonment if my child father hasn't seen her since she was 3 months old?

so my daughter is gonna be 2 in September her father has a court order that he takes her every other weekend and hasn't taken once every time i ask he tells me no he hasn't seen her she was like 3 months old. now that she is 2 she doesn't even know who he is and wont even go to him... Read more »

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

Unfortunately, there is nothing that you can do. Visitation is a right, not an obligation.

1 Answer | Asked in Family Law for New York on
Q: if i take my son to pennsylvania where consent for a tattoo is legal for a minor can i get into trouble in ny my state
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

NY will not get involved however, the other parent may have objections and it may become a court issue between the 2 of you.

2 Answers | Asked in Divorce for New York on
Q: How can I limit overspending from my spouse as I already filled for a divorce summons?

My lawyer submitted the Action for Divorce Summons mid June 2021. We still have a joint bank account and my spouse has her own account for her LLC.

Since our separation my spouse spend twice more money as I do. Our expenses are higher than our income. While the summons for divorce has been... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

These are all questions that should be discussed with your attorney as you retained one. Beyond that, the only thing that can be said is that if the expenditures were frivolous you may be owed a credit in the divorce.

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2 Answers | Asked in Divorce for New York on
Q: How can I re-enroll our child to her previous high school without my spouse consent?

Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

The parent who has custody makes the decision. Your only other option is to go to court to get a court order.

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1 Answer | Asked in Family Law for New York on
Q: If a child was born in Puerto Rico and the dad lives in the states how do we establish paternity and get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2021

You need to seek the advice of an attorney in Puerto Rico as it would be done under their law.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is 16, can she choose to live with the other parent?

My daughter is 16 and wants to live with me now. She has lived with her dad since the age of 5. We did not go back to court for this. We did it on friendly terms but now that she wants to come back to live with me he says no. When she was around 1 year of age we went to court and had joint custody... Read more »

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

Since the court order was never changed, it is still valid.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

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