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Questions Answered by John Anthony Pappalardo
3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 1, 2019

Sounds like it is a marital debt

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2 Answers | Asked in Family Law for New York on
Q: Paternal Rights? Our son, who is active duty military, and his wife live in NY. They were married earlier this year

in NY and are now expecting a child. She has left NY in August (at 6 months pregnant) to be closer to her family (against our sons wishes) for "support". She is now telling him that she would rather be single. The baby is due in a month. There is no separation agreement. What should he do and... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 31, 2019

He needs to be there when the child is born and get his name on the birth certificate and once born file a custody Petition

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2 Answers | Asked in Family Law for New York on
Q: restraining order

I want to get a restraining order against someone in New york but they are currently traveling outside the country and I don't know when they will be returning

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 28, 2019

You will need to get a process server in the country where they are traveling to serve them with the papers.

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2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: Can I file a petition to have legal parental right to my boyfriends baby ?

I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 25, 2019

In NY you can

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: How far can I move without the father’s or court’s permission in New York? I want to move far before filing for custody.

I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 16, 2019

That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.

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2 Answers | Asked in Family Law for New York on
Q: Domestic partner nys

Does domestic partnership have to be filed or is it automatic when people live together and can partner make medical decisions

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 14, 2019

It depends on the Jurtisdiction

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2 Answers | Asked in Juvenile Law for New York on
Q: I have a question my 14-15 year old step son thinks its okay for himself to put his hands on me by pushing and shoving m
John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 14, 2019

You may need to start a PINS proceeding in Family Court for assistance

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2 Answers | Asked in Family Law for New York on
Q: My niece who is 8 lives with her father in Florida because my sister passed away in a car accident.

She doesn’t have His last name and he is not on the birth certificate. If he changes her last name now will we loose our rights as her family ? We just want to be able to still see her be he has told her that we are not her family.

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 14, 2019

You will not lose your rights

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Bad situation with ex fiance advice needed, up state newyork

I am from the UK , for last 4 years I have been engaged to a girl from New York. Iam not a USA citizen. After what I thought was my child was born in Utica NY I got cancer and have been between the UK and usa. She tells me our daughter isn't mine during an argument. Nearly 3 years down the line,... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 26, 2019

If in NY you can advance the argument of estoppel and you should also seek a DNA test in a Paternity action

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3 Answers | Asked in Family Law for New York on
Q: How do I get a free lawyer for a family court date in wich my ex husband is in violation of paying medical expenses

Mother of three. One of wich is disabled. I pay co-pays upfront and he will not reinburse me. He claims I do not give him copies. He plays games and I have to constantly chase him to try and get medical expenses paid. Now bills have gone to collections and He owes me over $2,000 of medical co... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 23, 2019

Try contacting Pace Law School

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2 Answers | Asked in Child Custody, Child Support, Family Law and Federal Crimes for New York on
Q: I was living with the child for two yrs. Found out it was mine. Then had to pay 10gs, along with support living there.

We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with them. I don't... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 20, 2019

I would suggest that you negotiate with DSS

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2 Answers | Asked in Family Law for New York on
Q: I have no support order in New York . My 18 year old daughter just moved out of my house to live in GA. With her mom.

She plans to go to college next spring. Will I be obligated to paying child support ?

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 18, 2019

You need to speak with a Georgia attorney

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Child Custody Laws Between New York and California

If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 12, 2019

You should first speak with a California attorney

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2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 10, 2019

He needs to file a Petition

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 9, 2019

You need a competent attorney to ferret out all the facts

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2 Answers | Asked in Landlord - Tenant for New York on
Q: What can i do if a roommate (daughter) does not want to leave after eviction notice date?

Does not pay rent, has brought her boyfriend to move in with her, does not contribute to the household, lost her child due to her boyfriend sexually advances (undressed in front of her while she was in bed in a room alone). both served with eviction papers more than 30 days ago.

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 2, 2019

Get them before a Judge

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer
John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 29, 2019

You need to have a consent to change attorney form signed

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2 Answers | Asked in Family Law, Adoption and Child Custody for New York on
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 29, 2019

You need to request a new one from the Judge

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2 Answers | Asked in Child Support and Family Law for New York on
Q: Petitioning Family Court Alimony Child Support, new job 40% less pay. I am in New York State

Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 28, 2019

Reflection of past income bears on an analysis of future income-

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