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Questions Answered by John Anthony Pappalardo
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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2 Answers | Asked in Family Law and Child Support for New York on
Q: Petitioning Family Court for child support and alimony while your job was being eliminated. Court wants tax return prev

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

I cannot provide advice relating to Illinois law

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Why is the court system doing this?

I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 27, 2019

You need an attorney and MUST appear at all scheduled court appearances. Good luck

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2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for New York on
Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now

My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... Read more »

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

Within reason it is always advisable to cooperate with CPS

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2 Answers | Asked in Child Support and Family Law for New York on
Q: My child turns 18 in Sept. I was the non custodial parent. She lived with dad in CA and I paid child support to him.

Now she wants to live with me and will attend college in NYC. Can I file an order with the NY court and have him pay child support under NY law ? I have a support order with CA that ends when she turns 18. Does the NY court has jurisdiction to order the father to pay for her college ?

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 19, 2019

Yes

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4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on
Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

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

You do not need a fault ground to file for divorce in NY. I would suggest that you contact an attorney and an accountant immediately. Best

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2 Answers | Asked in Family Law for New York on
Q: Do I need to pay child support in New York even though my son's been working full-time for the past 10 months

I've been paying the child support all his life and for my daughter who is going to be 23 who is emancipated but my child support has never changed never took me back from modification even though I'm making more money now. Will I be opening a can of worms if I try to stop paying child... Read more »

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

Child support ends in NY at the age of 21 or upon emancipation unless otherwise agreed to in a writing. You may need to go to court to have a child declared emancipated who is under the age of 21 or if termination of support is inconsistent with a written agreement.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: What are my options?

My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 13, 2019

File Violation Petitions on Both

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: What could happen and should I put a stop to child going to grandparents

I have 4 kids my frist child has been going to my bio parents since she was born lived there for the frist2 1/2 years of her life my boyfriend now has an issue that the bios dont get the other children and never have and wants me to put a stop to the 8 year old going now what's ur thoughts.... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 11, 2019

I would urge you to do what you think is in the best interests of your children

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: Per divorce decree, parents agreed to cover child's college expenses, including room/board.

If one of the parents later refuses to cover the agreed pro rata share of child's college costs, what legal recourse is available to the paying parent? Will the courts uphold the agreement that was ordered and adjudged per the divorce decree?

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 7, 2019

Absent modification of the court order yes it will be upheld

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1 Answer | Asked in Family Law for New York on
Q: judge will not address dollar for dollar credit on college expenses ? who is supposed to ?

3 times in court , losing wages for nothing.

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

In NY if it was not addressed in the original order you need to be careful as depending upon the language it could be deemed waived. You need competent aggressive counsel here.

2 Answers | Asked in Family Law for New York on
Q: What r the laws for a 16 yr old dating a 25 yr old. She is now 18 and they r still dating. Can her family file charges

They started dating in NY and now live together in another state. Can any charges be filed by anyone

John Anthony Pappalardo
John Anthony Pappalardo answered on Jul 30, 2019

I do not know the laws outside of NY state however at the age of 18 in NY you are deemed emancipated and can date whoever you chose.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can an agency change a visitation from my mom supervising to saying that she can't supervise without court order?

Court ordered my mom to supervise my visits and due to the heat lately my son gets red ears, red face, he was running in the park. My mom shows affection like tickling and nibbling my kids ears because she loves them. Never will she hurt my kids. Now the agency and foster parents(other GMA) is... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jul 30, 2019

The Agency can do it if they feel the child was at risk however should follow up with a modification of the court order.

2 Answers | Asked in Real Estate Law for New York on
Q: I purchased a home with a man and he became extremely abusive. I want my money back so I can move out.

I pay the full mortgage. I also want my name taken off the deed.

John Anthony Pappalardo
John Anthony Pappalardo answered on Jul 30, 2019

This requires a partition action and you will need an attorney well versed in litigation with a knowledge of real property law.

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2 Answers | Asked in Family Law for New York on
Q: I use to see my 2 yr old grandson regularly. Do I have the right to continue to visit? Can I be denied for no reason?

When is a loving relationship between grandparent and grandchild not in the child's best interest? The parents live locally but because they fight constantly our relationship suffers and is constantly interrupted. Despite my attempts to visit I have gone for months without seeing him.

John Anthony Pappalardo
John Anthony Pappalardo answered on Jul 30, 2019

In NY under section 72 of the Domestic Relations Law grandparents have standing to file a visitation petition which if equity deems appropriate to intervene and if in the best interest of a child can result in a court order awarding limited visitation to them.

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