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Questions Answered by Lawrence Allen Weinreich
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.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: What is my legal obligation to answering the phone of my abusive wife since we have a kid together
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 6, 2023

You have no obligation to answer the phone.

2 Answers | Asked in Child Support and Family Law for New York on
Q: When calculating child support, will the magistrate take over time into consideration as income earned?

The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be... View More

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

The magistrate calculates support on all income reported from all sources as shown on tax returns. If you know of any off the books income you can also testify about that. Unless it can be shown that overtime is no longer available then it is considered as part of income.

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2 Answers | Asked in Divorce for New York on
Q: I need to get a divorce but I don’t have an address for him going on a year

He abandoned me over a year and I need closure

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

That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 13, 2023

Not only can't the court assign the same lawyer, they cannot assign different lawyers from the same agency or firm.

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2 Answers | Asked in Family Law for New York on
Q: Is it legal or seem right? That both parents and child would be a assigned, the same public defender, in a custody case
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 13, 2023

The court cannot assign one lawyer to everyone. Additionally, the court cannot assign more than 1 lawyer from any agency or law firm.

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1 Answer | Asked in Divorce for New York on
Q: What is name of official divorce form i need to start collecting a pension. The company is not excepting my divorce docu

I have judgement of divorce which company isnt excepting so i can collect my pension as single

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.

1 Answer | Asked in Divorce for New York on
Q: My husband sent me divorce papers I signed them. Do I have to go to court with him for this to be ended?

He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.

1 Answer | Asked in Family Law for New York on
Q: So if i don't agree to reopen the family offense petition from two years ago the judge can't just grant her a five year

My wife and I are going through a custody battle and have had no issues during our exchanges although once in a while she will claim that I bother her during some of the exchanges. I don't do that but shes asking for a five year order of protection I believe to use to intimidate me or control... View More

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

Unless there is a violation petition that has been filed, the case cannot be reopened because she now wants a 5 year order. In addition, certain requirements have to be met for a 5 year order to be granted.

1 Answer | Asked in Family Law for New York on
Q: can i refuse to reopen a family offense petition

My wife wants to reopen our family offense petitions so that she can ask for a five year order of protection. My wife has been very dishonest I fear she will try and use this as a tool against me in the future.

the judge doesn't believe based on the evidence up to this point she can... View More

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

Your wife would need very specific reasons to reopen a closed matter. Based upon what you are saying you should refuse to agree to reopen the matter and you cannot be forced to do so.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 2, 2023

If there is nothing in the order that prohibits you from being there then it is not a problem. However, no one should be hovering near your ex or there could be a complaint that this is interfering with the visitation.

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2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

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

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: RE Petition for Modification of Order of Custody or Visitation or Request for Guardianship? - Family Court

I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 23, 2023

You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.

2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

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

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for New York on
Q: Family court judge left us homeless due to charges I pressed and other party retailate with a false OOP. Needing help

I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... View More

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

Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.

1 Answer | Asked in Divorce for New York on
Q: Hello, If i start receiving my own SS will that affect my monthly maintnenace from my Ex?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 27, 2022

Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.

2 Answers | Asked in Family Law for New York on
Q: Can a father sign away his rights?

Can a father in NYS sign away his rights? Leaving only 1 legal parent?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 19, 2022

A parent's rights can only be lost if the child is adopted or if the is a neglect proceeding where the court terminates the rights.

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1 Answer | Asked in Family Law for New York on
Q: Family Court listed my address to my abuser in a generalized letter to us both. I cannot afford a lawyer. What do I do?

My ex filed a petition to reduce his support that he doesn't pay anyway. I am a domestic violence Survivor and have a protection order from him. I went through a domestic violence organization to be relocated. Family Court listed my address on a letter sent to us both. I am extremely low... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 10, 2022

Check with the local bar association for programs that will provide attorneys at low or no cost to you. Also check with the domestic violence program to see if they can help.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: When a mother name her child with the fathers last name and leaves the father part blank on the birth certificate.

Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 9, 2022

Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.

1 Answer | Asked in Divorce for New York on
Q: Am I able to file for an uncontested divorce and handle the custody/child support issue at a later time?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 8, 2022

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

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