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Questions Answered by Nina Mironenko
1 Answer | Asked in Divorce for New York on
Q: Can you be verbally released from a part of a divorce decree?

My ex verbally released me from a section of the divorce decree stating that I was to pay half of all utilities and mortgage after a year. Would she be able to reinforce this? The time frame in the decree is when the home is sold, which it has not

Nina Mironenko
Nina Mironenko answered on Nov 18, 2019

No, any amendments to a Divorce Agreement or decree has to be in writing with your signatures notirized.

2 Answers | Asked in Divorce for New York on
Q: What do I do when my lawyer passed away right before divorce trial?

My lawyer passed away right before my trial. I'm in the middle of a pretty horrible divorce. I've contacted the nysba multiple times with no call back or answer. The judges Chambers as well and my attorneys office. I've received no mail on if my court date has been moved or who is taking over as he... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 12, 2019

Fax a letter to the Court - if need be the administrative judge and and also contact your local county bar association.

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1 Answer | Asked in Family Law for New York on
Q: This is a child support question: I live in New York, my son's father recently married and moved to Pennsylvania.

before he moved he was providing regular payment bi-weekly (non court ordered). He then quit his job and his wife kept hers. He claims he thought he could find a job easily in his new town but it has been almost 6 months. He only picks up my son every other week from saturday-sunday afternoon and... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 7, 2019

You need to file a petition for child support in Family Court. The court will impute an income to him - meaning that he will be determined to be capable of earning a certain amount of money and the child support award will be based on that imputed income. His wife's income is considered as... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Do I need legal representation to recover my entitled amount of my ex husbands retirement?
Nina Mironenko
Nina Mironenko answered on Oct 24, 2019

If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic... Read more »

3 Answers | Asked in Divorce for New York on
Q: Is "Request for Judicial Intervention" mandatory in an uncontested divorce in Manhattan, NY?

in February 2019 I used an agent to file an uncontested divorce in Manhattan, NY. I checked with the clerk a couple of times, they say it's pending and nothing to do. I checked my case on the "webcivil supreme - case detail" again, noticed both "RJI Filed" and "Justice" leaves blank. I'm not sure... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 18, 2019

An RJI does need to be filed. You normally do not need to wait from the beginning of the line again once you file any missing documents.

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2 Answers | Asked in Divorce for New York on
Q: I filed an uncontested divorce in Feb 2019. Need the divorce decree for my (immigration) green card extension in Nov.

Checked with the clerk last week, it is still pending and nothing need to do.

Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from USCIS'?

One... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 15, 2019

The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.

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1 Answer | Asked in Child Support for New York on
Q: My husband is currently paying child support in full for 3 children. The youngest child is now living with us.

He makes $120,000 a year and she shows no income but has investments that pays all her bills and home ownership. He is currently paying $3000 a month for his three sons, which is above the legal amount already and now we are the custodial parents to the youngest. Looking to find out how much less... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

Child support for 2 children is 25% of gross - less FICA taxes (you only deduct FICA taxes from the gross). You need to file a petition for child support and modification of child support. If her investments give her an income, or if she draws on the principal, the court should consider that... Read more »

1 Answer | Asked in Child Support for New York on
Q: My son wants to live with his father.He owes 15,000 in child support. Will I pay child support or have it deducted?
Nina Mironenko
Nina Mironenko answered on Oct 3, 2019

You should file a petition for arrears, if you haven't already done so, and should receive a credit for any child support you may be ordered to pay.

2 Answers | Asked in Divorce for New York on
Q: My wife filed for divorce under not being able to fix the marriage in the last 6 months but how do you determine the tim
Nina Mironenko
Nina Mironenko answered on Sep 26, 2019

Your wife's testimony that the marriage was irretrievably broken for at least 6 months prior to her signing the complaint is sufficient to establish that ground for divorce. It does not matter if you deny it, her attesting or testifying to that is sufficient.

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2 Answers | Asked in Family Law for New York on
Q: I am having problem with my baby mom, she doesn't want to put my name on birth certificate of my son and I cant see him.

She doesn't answer me anymore, when we broke up I still help her with the rent and another bills and now I suspended because she doesn't want to give my rights, what should I do ?

Nina Mironenko
Nina Mironenko answered on Sep 10, 2019

File a petition in family court to establish paternity and parenting time. She will then file for child support (17% of your gross less FICA taxes).

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I legally have to change my last name?

Can i still use my married last name even though it is ordered and adjudged that I am authorized to resume use of my prior surname

Nina Mironenko
Nina Mironenko answered on Sep 4, 2019

Yes, you may continue to use your married name. You can change your name to your maiden name, or any other prior surname at any time.

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1 Answer | Asked in Child Support for New York on
Q: does child support stop if my daughter moves out even though in 10 years of shared custody he never took her? she is 19

She is only with him for a week he wants to stop paying me but for 10 years i had 4 kids with me with no break and now one week i feel this should still be paid until she is 21 she still comes to eat and do things at my house

Nina Mironenko
Nina Mironenko answered on Sep 4, 2019

No, a week at her dad's does NOT mean that he is the residential custodian. If she is still eating at your house and has her things at your house, then you have a very good argument that she is merely visiting with her father. The courts will normally consider a change of residential custody... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Will I go to jail or lose custody if I fail to go to court against a grandmother?

I recently moved out of state. my twins paternal grandmother of my 8 year olds who has no visitation or anything. She just got out prison after doing 5 years & is on parole & doesn’t really know my daughters. She wants custody/visitation & has never been involved in my kids life. Only one month... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 14, 2019

You should have received a notice with the petition that you can appear by phone. Follow the instructions for that, or if you did not receive the notice, then call the court and ask for the instructions.

1 Answer | Asked in Child Support for New York on
Q: noncustodial parent moved out of state does he no longer pay child support because he moved or do I need to refile
Nina Mironenko
Nina Mironenko answered on Jun 28, 2019

He continues paying and you don't need to make any changes. If he stops paying you file for contempt in NYS family court. The states have an agreement to help each other collect child support.

1 Answer | Asked in Divorce for New York on
Q: If divorce judgment was for EEC/ED to be paid post tax $5,000 per month with 9% interest until paid off, can i prepay?

The judgment does NOT include language that you can prepay at any time without any penalties. I have been paying for 5 years. If I continue to pay the $5,000 per month, not only will it take 40 more years to complete, but my ex wife will have received a few million dollars over the initial amount... Read more »

Nina Mironenko
Nina Mironenko answered on Jun 17, 2019

Your Stipulation of Settlement, or Decision and Order (if you had a trial on this issue) should include language that you can prepay at any time without any penalties. Even if they do not, contain this language, you can tender payment in full. If your ex wife refuses to accept the pre payment,... Read more »

1 Answer | Asked in Child Custody and Health Care Law for New York on
Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?

My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »

Nina Mironenko
Nina Mironenko answered on Apr 24, 2019

Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.

1 Answer | Asked in Divorce for New York on
Q: Husband earned a SEC license while married. I’m told the license would have to be evaluated to find out it’s worth to me

Any experience with worth of SEC license, usually it’s medical licenses that are evaluated.

Nina Mironenko
Nina Mironenko answered on Apr 3, 2019

You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.

2 Answers | Asked in Divorce for New York on
Q: My ex-husband worked for NYS Department of Corrections, he retired January 2019.

I am having a hard time collecting my portion of his pension and 401 k. He has made offers but will not offer any paper work. I have contacted NYS Retirement Fund who state they can not help me, wrote an e-mail to the marriage division of retirement but received no response. What can I do next? My... Read more »

Nina Mironenko
Nina Mironenko answered on Mar 27, 2019

Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.

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1 Answer | Asked in Family Law for New York on
Q: My ex domestic partner owns the house I live in with our 2 kids. This is the only home they know.

He pays the mortgage but I pay all the utilities. We have no family that lives in New York and I don’t have the money or credit to move. What can I do? Can he legally kick his kids out of their home?

Nina Mironenko
Nina Mironenko answered on Mar 23, 2019

Yes, the courts will not kick him out of his separate property. If you have, or get residential custody of your two children, you can get child support from him.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?

Who would pay support in this case?

Nina Mironenko
Nina Mironenko answered on Mar 7, 2019

The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.

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