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Questions Answered by Lawrence Allen Weinreich
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.

1 Answer | 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.

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

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Legally separated since 2016. Can parts of separation be changed when filing for final divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 10, 2021

You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex giving kids beer and pot. Can I keep them with me until we go to court or is it violation? What do I do?!

I have pictures, videos, texts for proof from my daughters phone. He’s threatening me to try and give him the phone. My oldest daughter is petrified to go there as they don’t know how he will react for admitting to me that he provided alcohol and marijuana. I have videos going back to last... Read more »

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

The order of visitation stays in place until it is changed. If you believe your children are in danger, then you can do what needs to be done to protect them. You will have to justify withholding the children to the judge. You should have a consultation with a local lawyer ASAP to discuss the... Read more »

1 Answer | Asked in Family Law for New York on
Q: I am the custodial parent of my 15 year old daughter and we just moved to Florida in August to be closer to family.

We obtained permission from her father prior to moving and he was agreeable to it. He signed a paper and stated that he was ok with her moving and this was then turned into family court. The paper however was not notarized. He is now wanting to take me back to child support court because he feels... Read more »

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

Moving out of state is not in and of itself a basis not to pay child support even if you had moved without his permission.

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What can I do as a 15 year old for my custody to change?

I'm currently under my mothers custody but I've experienced some abuse as a child and currently we have alot of issues. My dad can have me but he wants to know if there is anything I can do for my custody change.

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

Your father would have to file a petition for a change of custody. You would have to tell the judge that you want to live with your father and why.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter is 18, lives at home with her mom and has a 3 month old baby,In NY. Am I obligated to pay child support ?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 8, 2021

You should speak with an attorney immediately. You will need to show him your divorce decree and stipulation of settlement if you have one. If your daughter is going to school you will probably be required to continue support payments.

1 Answer | Asked in Family Law for New York on
Q: i have had joint custody of my daughter for 10 years her mother want to move to Colorado that is 28 hours from me

my daughter is 10 she has expressed to me she don't want to go her mother is moving because her husband found a better job what should i do?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 8, 2021

The first thing you should do is consult with an attorney. Next, file a petition in family court to keep your ex from moving without a court order or your consent.

2 Answers | Asked in Divorce for New York on
Q: Am I required to provide my ex husband with proof of payment from a divorce agreement?

Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?

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

If you go to court, you will be under oath to tell the truth. If you are asked if you received the payment and you said no and then later proof is found, you will have committed perjury and fraud so the best course is simply admit that you got the buyout money if you did.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.

I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 31, 2021

The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.

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