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Questions Answered by Lawrence Allen Weinreich
4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 8, 2023

NY law would control.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: In divorce, if one party chooses not to have a lawyer, is the pursuant (with representation) responsible for their fees?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 8, 2023

There is no quick answer to this question. The court can order fees based on each party's ability to pay and on the conduct of each party during the litigation.

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1 Answer | Asked in Family Law for New York on
Q: I am married but I am separated for 5 years I have a girlfriend who needs to get a domestic partner ship with me
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 19, 2023

Unfortunately, you are married so are not eligible in most cases for a domestic partnership.

1 Answer | Asked in Family Law, Adoption and Child Custody for New York on
Q: can my boyfriends aunt take me in from acs

i’m 15 he’s 16, my grandma has custody of me and i’m currently in acs custody, living in a children’s center. is there anyway she can take me even though me and her niece are in a relationship

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

First, she would have to be approved as a foster parent. Once that is done she can work with ACS to try to have you placed with her.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: hello wondering if moms ever lose custody due to parent alienation?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

Yes a parent, mother/father, can lose custody if alienation is provern. As an alternative, child support can be suspended or oven stopped.

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2 Answers | Asked in Child Support for New York on
Q: If my ex girlfriend said on video that she will not take me for child support, can I use that in court against her?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

It doesn't make a difference what she says. Under the law, child support is the right of the child not the Mother. Once the case goes to court, the court must grant child support no matter who gets custody.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

The previous answers of counsel are correct. However, just know that if you do get the mother's permission to move out of state, be sure that it is in writing and notarized. You should also put in writing what visitation the mother will have and who will pay for transportation for the child... View More

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3 Answers | Asked in Family Law and Immigration Law for New York on
Q: Can I get a marriage agreement between me and my husband allowing me to fully be dismissed of affidavits if any adultery

Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both... View More

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

You can do a post-nuptial agreement and agree to anything you want as long as it is not a crime or against public policy.

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2 Answers | Asked in Family Law for New York on
Q: Is Motion To Dismiss One Way To Beat Temporary Protection Order? Or Is Onus On Petitioner To Prove Respondent's Guilt?

I sent an eight page PDF to Family Court, detailing why I'm not violent and demonstrating how my ex-wife lies to get what she wants. I refute two offense claims she makes in the Temp Order Of Protection. Or is the burden more on her, to prove what she is accusing me of?

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

It is the petitioner who must prove the allegations

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2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).

When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

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

Since you started a divorce action in supreme court you cannot file for custody in family court as a divorce includes custody.

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2 Answers | Asked in Divorce for New York on
Q: I filed a stipulation discontinuing action in my divorce under duress; is there any way to cancel the action and resume?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 22, 2023

You should immediately speak to an attorney about this as you will have to explain what happened and then file a motion in that regard. In the end, it will be up to the judge to decide if your explanation was good enough.

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1 Answer | Asked in Divorce for New York on
Q: My soon to be ex husband is getting married this weekend but our judge hasn't siged off on the divorce decree yet.

I was under the impression that we are not divorced until the judge says so..

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 21, 2023

If the judge already granted the divorce when you were in court then you are divorced as of that day. If the judge did not grant a divorce on the record in court, then you are not divorced until the judgment is signed.

1 Answer | Asked in Divorce for New York on
Q: If he has put the house up to purchase another place can he do so if my name is on deed and Mortgage we got Divorced in

2004 if not what can I do about this matter he has ruined my credit and social security has this a asset on me

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 20, 2023

It all depends on what the divorce judgment and/or the agreement you may have entered into says

2 Answers | Asked in Bankruptcy, Family Law and Child Support for New York on
Q: Why did I receive form 309A when my son's dad (who I never married & have not been with for 17 years) filed bankruptcy?

I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 20, 2023

You received the form as you are a creditor and must receive notice. However, child support is exempt from bankruptcy so you will receive the same support.

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1 Answer | Asked in Divorce for New York on
Q: I got Divorced in 2004 he is to pay the rest of attorney fees he has yet 6%is to be added to balance is that everyday

Or month and a quick claim deed done by 2009 but now he can't refinance

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 19, 2023

The interest is added yearly.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: my ex girlfriend wants a dna test after 13 years. What can I do?

When I was with my ex girlfriend she was sleeping around with another guy and she got pregnant. She told me that the child wasn’t mine and she put the other guys last name. Now after 13 years she wants a dna test. What can I do to avoid going to court.

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

Unfortunately, there is nothing you can do to stop your ex from filing papers in court. However, this may be a case for equitable estopple to prevent you from having to pay child support. You need to speak with an attorney about the facts of the case and to represent you if this does go to court.

2 Answers | Asked in Divorce for New York on
Q: Do I get less child support if my husband had another child while we were separted?

I live in NY and I'm going to start the divorce process. While my husband and I were separated he had another child and has a legal child support agreement with the other women. We do not have a legal child support agreement. He claims I am entitled to much less child support now because of... View More

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

Unfortunately, since there is a support agreement for the other child, any child support paid would be a deduction from his gross income. However, your children would then be entitled to support based upon that new gross less FICA.

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2 Answers | Asked in Family Law for New York on
Q: if divorce finalizes before the Order of Protection hearing, does it turn into a criminal case instead of family case?

My divorce judgement was signed by the judge already, just waiting to receive it myself. There's a good chance I get it before the temporary order of protection hearing, will that affect the hearing at all? Can it turn into a criminal matter seeing as technically we're no longer family?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 9, 2023

The Judgment of Divorce will have no impact at all on the order of protection hearing.

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2 Answers | Asked in Divorce and Domestic Violence for New York on
Q: How does a divorce work in NY when intimate partner violence is occurring? Questions below.

I have a friend who is in an abusive marriage. His spouse screams profanities at him, throws things at him, and has physically assaulted him. He has video evidence of several of these encounters. The cops have been called on the house more than once. Each time my friend remains calm, but his spouse... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 9, 2023

If the videos and screenshots are authenticated properly, they can be admitted into evidence. Your friend needs to see an attorney if he wants to file for divorce and show that attorney everything. His alternative, is to go to family court for an order of protection. He can also get an order of... View More

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1 Answer | Asked in Divorce for New York on
Q: Can I keep my car parked at my house after divorce and still owning 50 percent until house is sold? Nobody is living in
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 8, 2023

If you are still an owner and no one is living in the house and there are no prohibitions in any court orders or any agreements you may have signed, you can park at the house.

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