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Questions Answered by Nina Mironenko

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 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 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 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 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 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.

1 Answer | Asked in Child Custody and Child Support for New York on

Q: New custody order for our 5 year old and we split half nights each month with no custodial parent, who pays support?

Nina Mironenko answered on Mar 7, 2019

All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.

1 Answer | Asked in Child Support for New York on

Q: Can child enforcement charge me child support. For same child they owe me suppot for?

Nina Mironenko answered on Mar 6, 2019

You would be credited for any support which is owed you against the child support you owe.

1 Answer | Asked in Child Support for New York on

Q: I'm 34, my father rarely paid support when I was a minor. I'm not sure what his arrears are but I'm sure a lot.

He is currently incarcerated. My mom said when he passes she'll get his social security because they never divorced. How would that all work? And wouldn't paying off his debts, like child support, take priority to her just wanting a larger income? Also if they did apply any money he was entitled to... Read more »

Nina Mironenko answered on Feb 21, 2019

No, if the child support order was that your mother receive child support, then she receives any arrears.

1 Answer | Asked in Child Support for New York on

Q: Can ex-wife get back-child support on more than 2012 court-ordered $600? PRIOR W2 shows I should pay $1200

in 2005, supreme court, ordered $600 month, the divorce approved/granted in 2009. in 2012, my income increase, the ex-wife petition a support modification in family court (on the 2012' W2,-) I should have pay $900. the Judge made order based on 2005 divorce decree/separation contract. Now in 2018,... Read more »

Nina Mironenko answered on Dec 11, 2018

NY is very much a contract state, except when it comes to child support. The law is that children must be adequately supported. There is no right to an upward modification without the custodial party showing need for more support. Even if you are earning more, your ex-wife needs to show that... Read more »

1 Answer | Asked in Divorce for New York on

Q: Can I pay the retainer fee with our marital money, AFTER the dirvorce was filed?

I have paid the retainer fee with my credit card. Now, after the divorce has been filed am I allowed to use our marital money to pay off this credit card? I am in NY.

Nina Mironenko answered on Dec 10, 2018

Yes. All expenses may be adjusted when equitable distribution is determined.

1 Answer | Asked in Child Support for New York on

Q: (New York) If my son legally changes his last name, can his father cut off child support?

papers say he pays support till 22 if he is a full time student - but my son wants to change his name in 2 months when he turns 18

Nina Mironenko answered on Dec 5, 2018

A court could deem that your son self-emancipated himself from his father if he legally changes his last name from his father's name. I'm assuming that your son doesn't have a relationship with his father? If the reason for them not having a relationship with each other was the father's "fault"... Read more »

1 Answer | Asked in Child Support for New York on

Q: Modification of Child Support for Incarcerated in New York State

My Fiance is currently incarcerated in New York State. He keeps receiving child support bills and the total amount keeps adding up. Is there a way to suspend child support payments until he is released in 2022 or 2023? If so, do we file a modification petition and what would we state within the... Read more »

Nina Mironenko answered on Dec 3, 2018

You state that he is incarcerated and state his income - if any.

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: My husband and I are renting with the option to buy can we get our money back?

We just moved in found black mold after a week and 1/2 then the neighbors told us that the seller/ landlord new about the mold but covered it up. I am highly allergic which the seller knew before we moved in and I cannot stay in the home. If a lease with option to buy is considered a sale... Read more »

Nina Mironenko answered on Dec 3, 2018

When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I... Read more »

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2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on

Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it

Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?

Nina Mironenko answered on Dec 1, 2018

File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?

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1 Answer | Asked in Child Support for New York on

Q: I am done paying nys child support and I have a credit that is owed to me what do I do

Nina Mironenko answered on Nov 30, 2018

You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.

1 Answer | Asked in Child Support for New York on

Q: have shared custody.I get support.Ex says I have to pay for everything.School supplies.even lunches on his week?

I would like to know my obligations. We have specifications about extracurricular activities etc but nothing on day to day expenses when he is with the parent. I don’t earn a lot and my ex left me with nothing. He lives in a 2 million dollar house. I rent.

Nina Mironenko answered on Nov 29, 2018

No, he pays for expenses when your child is with him. Also, if you think he's earning a lot more, or has a lot more money than he did since the last child support order, or if it's been more than 3 years since the last order, or there has been another significant change is circumstances (you... Read more »

2 Answers | Asked in Landlord - Tenant for New York on

Q: I signed a yearly lease with my landlord and then she sold the property. What now?

I signed a lease for next year. A month later a guy shows up on my door to say he is the new owner and wants me to sign a new lease which raises my rent a lot. The owner never told anyone she was selling. Why would she send us a lease if she wasn't going to own it? The new guy was aware that some... Read more »

Nina Mironenko answered on Nov 29, 2018

The new owner bought the property bought it subject to all of the leases. She cannot demand new leases.

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1 Answer | Asked in Family Law and Child Custody for New York on

Q: I'm filing for sole custody of my now 10 month old. Her father hasn't seen her in 4 months. Should I get a lawyer?

There's a support order in place only. And that's all he cares about. He doesn't call to check on her, ever. He has no bond or attachment to her. I provide everything she needs and I'm her sole caretaker. I tried on several occasions to reach out to him to be a part of her life and I always get... Read more »

Nina Mironenko answered on Nov 27, 2018

I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.

1 Answer | Asked in Family Law for New York on

Q: Can I write a letter to a judge on behalf of my stepdaughter in a trial regarding relocation

Nina Mironenko answered on Oct 23, 2018

No, you should appear as a witness for your spouse who is opposing the relocation. Hearings are held so that the other side, and sometimes the judge, can cross-examine, or ask further questions of the witness.

1 Answer | Asked in Child Support for New York on

Q: What happens if the custodian parent doesn't appear for the first child support hearing?

Nina Mironenko answered on Oct 23, 2018

If it's the custodial parent's petition, it will be dismissed. If it's the other payor's petition, the court may adjourn the first conference, or set a hearing date.

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