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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Divorce for New York on
Q: the law regarding my premarital home sale profits used as downpayment for a martial home. Can I get downpayment back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back

3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

The agreement is executed when you both sign it. Therefore payment begins the first day of the first month after it was signed

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2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 3, 2024

If he is working full time and is self supporting or capable of self support, then it is possible that you won't have to pay child support at all. You should have a consultation with a local attorney and go over all of the facts.

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2 Answers | Asked in Family Law for New York on
Q: I'm hoping to move to Florida with my daughter.

I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.

The mother has every other weekend visits with my daughter. I have full custody.... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 31, 2023

The move must enhance your child's life. Based on what you have said, Moving isn't a necessity. Have a consultation with an attorney and discuss all the facts.

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2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: Okay so before you judge just hear me out . So my child’s father shot at my friends door trying to get at me .

We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 24, 2023

This should be posted in the criminal law section. However, the order of protection plays a very small part of the case.

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2 Answers | Asked in Child Support for New York on
Q: Can I bring my notarized separation agreement for child support to Family Court, to get it court ordered?

I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 24, 2023

You can bring a petition for arrears in Family Court. Then the court can issue an order based on your agreement and also for the money owed.

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Can I take my kids dad to child support court for not paying the agreement we had notarized only?

We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 24, 2023

Unfortunately, Family Court will probably not take the case at this time as it is part of the ongoing divorce. However, any arrers owed per your agreement can be enforced when the divorce is done.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I am the non-custodial parent, can I still REGISTER my custody order (NY) with the court in the state I reside(PA)?

Current custody order originating jurisdiction is Nassau county NY, I reside in the Commonwealth of Pike County PA. I would like to REGISTER my current custody order in the event it requires enforcement. Court order: JOINT LEGAL CUSTODY, Father= physical custody (NY), I have visitation (making me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 18, 2023

You can register the order but the PA courts won't have jurisdiction as the children reside in NY and anything related to custody/visitation will take place in NY as long as the children reside here.

1 Answer | Asked in Divorce for New York on
Q: Can husband and I waive net worth statement for NY divorce if we both agree? No kids, we both work, and I earn much more

Can husband and I waive net worth statement for NY divorce if we both agree? No kids, we both work, and I earn much more. I consulted with a lawyer before that net worth statement is not required in NY, so how do I waive it? Or do I simply not submit net worth statement?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 6, 2023

The only way to do that is to have it in writing that you are each waving financial disclosure and the filing of a Net Worth Statement.

2 Answers | Asked in Child Support for New York on
Q: How is child support in New York calculated?

For one child is it 17 percent of gross minus Medicare and social security? And what about state pension contributions

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 1, 2023

Pension contributions are not deducted from gross income. Local tax, meaning NYC TAX or other municipal income tax is also deductible along with S.S. & Medicare.

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2 Answers | Asked in Family Law for New York on
Q: If my exes lawyer does not properly serve me papers by the date judge put, what happens with their “filings”?

My exes lawyer has been calling me, leaving messages that have an underlying intimidating tone, telling me I need to come to her office to pick up court papers they supposedly filed by a certain date. They are aware I live in PA, they have my address and my work address as well - lawyers office is... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 29, 2023

The papers most likely require personal service on you. It is their obligation to serve as directed by the court. If it isn't done, they will just ask for a new service date.

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1 Answer | Asked in Family Law and Adoption for New York on
Q: Do i need permission from my spouses childs father to adopt him even though he has not been in contact for 6 years?

I have been with my domestic partner for about 10 years. I have been in adriyels life (the child i want to adopt) since he was born. We have lived life like a normal family (He is my mothers favorite grandchild) His father has not been in contact since we called the cops on him for not bringing... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 16, 2023

Unfortunately, the answer is yes.

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: If I filled a petition for full custody and will like to dissmiss it, what are my steps to do so? Or I just don’t show

To court date?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 3, 2023

You can appear on the court date you received and tell the judge that you want to withdraw the petition. You can also send in a form (found on the court website) or a letter withdrawing your petition.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I file a family offense petition asking for immediate relief and custody? The child is subject of emotional neglect

I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 29, 2023

You should see an attorney immediately and show him the texts to see if they meet the threshold necessary for an order of protection

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1 Answer | Asked in Divorce for New York on
Q: Does Separation of Unmarried Parents Count as Divorce in the USA? Does it affect the divorce rates?

Does it count as a divorce? Are the divorce laws applicable in such cases?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 18, 2023

Divorce only applies to married couples

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Who else can you go to if your child's attorney will not return your call regarding a time sensitive issue?

This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 5, 2023

You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.

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1 Answer | Asked in Child Support for New York on
Q: My ex never told me that our son joined the military at 18 and I just found out 2 years later.

My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2023

Joining the military is a basis to suspend child support. However, it is unlikely that you can get anything you paid back. You should have a consultation with an attorney and show them any orders and stipulations that you entered into.

2 Answers | Asked in Child Support and Family Law for New York on
Q: Can I get the money I paid back since he was not there and was in military. Doesn't the custodial parent have to notify
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2023

Just because he was in the military does not have anything to do with the issue. Child support is paid for the benefit of the child. There is no basis for getting payment back.

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1 Answer | Asked in Child Support for New York on
Q: For Child Support in New York State, does cashing out an Inherited IRA count as income?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 28, 2023

The short answer is yes. Any and all income from any source is counted toward income.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If both parents were not married at child birth but got married years later who has custody?

The child l resides with the mother

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 13, 2023

Short of a court order giving someone "custody", both parents have equal custody no matter who the child resides with.

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