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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Divorce for New York on
Q: I purchased a camper during marriage. Title is in my name only. How does this work during divorce in Broome County NY
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

The county is of no importance. The purchase was made during the marriage and as such is marital property no matter what name the camper is in.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Where do I file for modification on custody order?

Me and the father of my child have joint custody. Placement was with me here in NY but changed in August cause she wanted to move in with him in WV. Now she is wanting to move back with me but I'm not sure where to file. NY or WV, cause they are both telling me to filed in other state. The original... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

You have not indicated that the original order was modified to give the father custody. If there was no modification, nothing needs to be done. If there was a modification, as long as the original order was from NY and the modification was done in NY, NY has jurisdiction and you can file in NY.... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: What steps should I take when it comes to the safety of me and my children from my husband who has made home unbearable?

I recently had to call the police on my husband for pushing me off a ladder for standing up for our son. There is a police report filed, however he is back in the house and making threats to break our devices if he sees them, he has taken all of the chargers and my son has not been able to do his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 25, 2020

You should know, that the Family Court is still open in every county it just might be held in a difference courthouse. Based upon what you are saying, you can go to family court and get an order of protection putting your husband out of the house or at least one that says he can't do anything bad... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: What happens if my lawyer doesn't show up to a family court violation hearing?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 22, 2020

It depends on whether or not the attorney contacts the court and explains why he is not there. Many times the court will reach out to the attorney to see why they are not in court. In most cases, the court will adjourn the hearing for your attorney to be there or for you to get a new attorney.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is in an abusive relationship. She has an 10 yr old daughter that's not the boyfriend's but has a

3 month Old son with him. She wants to leave and come home with me. He said he'll call the cops and CPS if she does. Because I don't have an actual bedroom for the daughter or baby. Does that matter? It would be temporary til I can get her somewhere else to live. She doesn't have a paper trail... Read more »

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

Your daughter can move in with you. The police will not do anything except tell everyone to go to Family Court. CPS won't get do anything unless the children are in danger. Your daughter should move out and immediately go to Family Court and file a Family Offense petition and ask for a stay-away... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: How can I find out my ex spouse's income to file a modification of Child support in NYS?

I assume my ex is making more and I want to file a modification how can I find out how much she makes legally?

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

If you get paid through support collection they will know her income and if a modification petition is appropriate. If it has been three years since the last modification you can file for a modification. Keep in mind, that the income had to go up 15% for a mod based upon increased income.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband

Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future

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

Any child born during the marriage is a child of BOTH parties to the marriage. You don't need DNA proof. As your husband/father of the child he must pay child support you only have to file a petition for child support in Family Court if he does not pay. If a divorce action is started, child... Read more »

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1 Answer | Asked in Family Law and Child Support for New York on
Q: If my original order was put in effect prior to 10/13/2010 is 15% change in income basis to modify Child Support.

It was modified in 2014 and 2017 but the original order was prior to oct of 2010 and not for 15% change in income. Does the clause apply in if income changes 15% that is not a basis for modification.

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

Since the order was modified, any further modifications are measured from the last modification.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: No Will. uncle died in New York. No kids. His spouse, Ben, passed. He has a niece and nephew. Who has claim to his asset

His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... Read more »

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

This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died first,... Read more »

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2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper only. I was... Read more »

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

There is nothing to be done. Depending on how busy the courts and how complicated the motion is it sometimes takes more than 60 days to get a decision. If you write to the judge of anyone else that the decision is overdue, you may wind up with a quick decision NOT in your favor.

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2 Answers | Asked in Federal Crimes and Criminal Law for New York on
Q: Ok so I have a question . My father back in November gave me permission to use his credit card for several things.

I even have this as proof in texts from him. Now months later after a fight he's trying to say I committed fraud. If I have the texts as proof that he willingly gave permission , then I'm in the clear , correct ?

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

That depends on what the texts say. If you only got permission to use it for some things and not others that could be a problem. If you only had authorization for a period of time and you used it after that it could be a problem. You need to sit with a criminal attorney (not family law) and... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year year old son.

Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year old son. I am interested in filing for uncontested divorce and i do want to include child support into the divorce proceedings. My husband already has a child support case for his 14 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 11, 2020

You ask many questions and really need to sit down face to face with an attorney to get the best answers based upon the facts of your case. In regard to a divorce, the divorce includes custody and child support as part of the proceedings. Depending on the judge, you might be able to get temporary... Read more »

4 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: How to file a motion of contempt on ex for not following divorce decree regarding property? Divorce or property lawyer?

Ex-spouse refuses to follow through with property agreement set in divorce decree. Currently financially frozen. How do I go about enforcing? What kind of lawyer do I get? Divorce or Property/Real Estate.

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

You need a divorce lawyer

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3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 9, 2020

The loan provider is not bound by your agreement as they are not a party to the divorce. If they sue you, you can in turn sue your ex for the money.

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1 Answer | Asked in Divorce for New York on
Q: requested court transcripts from court reporter for 3 motion hearings. was told there were none

reporter was present. hearings were for contempt, full stay away and removal of children form my home. all were designated as hearings on court docket and lawyers were heard. I was informed that although I saw her there she was not typing and it was off the record. NY state supreme court, civil... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 9, 2020

It isn't a question of what is normal. Since it was a motion the court could have had off the record discussions and that is why there is no transcript.

2 Answers | Asked in Divorce for New York on
Q: I was divorced 8 years ago and remarried 2 years ago.and now my ex husband claims we aren't divorced.so question is ,

Is my marriage license proff of divorce from my ex.??because I know longer have my divorce papers

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2020

A marriage license would only be proof if you were required to present a certified copy of your divorce decree before obtaining the marriage license. The best course of action, is to go to the county clerks office in the county you were divorced in and get a certified copy of the divorce judgment.... Read more »

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3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2020

If the father files for custody, the court will appoint a lawyer to the 16 year old who will represent him at all stages of the proceedings. That lawyer will tell the court who the 16 year old wants to live with. The judge will also speak to the child in her office (chambers) to see what the... Read more »

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1 Answer | Asked in Family Law for New York on
Q: In NY, if a 17 year old is kicked out of her home, or runs away, will my family be charged for letting her stay with us.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 4, 2020

No but you should let the parents know where she is if she is a runaway.

1 Answer | Asked in Family Law for New York on
Q: In a custody and visitation hearing can I request for parental rights to be revoked or visitation denied if I have proof

Proofs such as suicidal attempts, alcohol and substance abuse, selling of illegal substances, arrest records, domestic violence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2020

The answer is no. If you have the proof that you say you have and you can show this occurs around the child or in some way endangers the child, you can ask for supervised visitation.

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