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Questions Answered by Nina Mironenko
1 Answer | Asked in Child Support for New York on
Q: Can a dismissed Child Support Modification hearing be filed for again?

I had a child support modification hearing yesterday. The Custodial Parent did not show up and the case was dismissed. Can the custodial parent refile again?

Nina Mironenko
Nina Mironenko answered on Sep 10, 2020

Yes, unless it was dismissed "with prejudice".

2 Answers | Asked in Family Law for New York on
Q: Hi, I have a question regarding my newborn child who was born on June 25th.

unless There is any kind of restrictions or any official order, do I have the right to ask the mother to bring my Son to my house or if she don’t want to come , can I bring the Child alone?

Nina Mironenko
Nina Mironenko answered on Aug 20, 2020

You should file a petition in Family Court for joint legal custody and parenting time. You may have to take a paternity test, if the mother does not acknowledge that you are the father. She will also most likely file a petition for child support. Child support for one child is 17% of your... Read more »

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7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 18, 2020

Find a good attorney who practices in Brooklyn.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How can I get a friend to move out of my apartment? She is not on the lease and won't move out
Nina Mironenko
Nina Mironenko answered on Jun 23, 2020

You have to file a petition to evict her in the landlord tenant part of your local court (probably local district court).

4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Can you modify child support with an active Supreme Court divorce/custody case when you lose your job?

I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »

Nina Mironenko
Nina Mironenko answered on May 29, 2020

Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.

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3 Answers | Asked in Divorce for New York on
Q: What happens if husband withdraws 401k money before wife files for divorce in NY?

What happens if a husband knows wife is going to ask for divorce so he files retirement and gets 401k at age 60 to get funds before divorce is filed

Nina Mironenko
Nina Mironenko answered on May 28, 2020

"Wasting" a marital asset in contemplation of divorce brings the asset back into equitable distribution in total. The husband can be held liable for any penalties/taxes due to him withdrawing early.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can charges be pressed against the other parent from keep a child away from non custodial parent?

My son mother has changed her number and has keep me from my son since nov2019 and this isn’t the first time

Nina Mironenko
Nina Mironenko answered on May 18, 2020

Not criminal charges, but she could lose primary residential custody.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: There was a contested divorce over ten years ago which led to an agreed settlement, giving the father physical custody.

On paper, there is legal joint custody with visitation for the mother. However, the dad often decides on his own and my input was seldom heard. The agreed child schedule has been half the week, every week. Child is with mom every Wednesday to Saturday, with dad every Saturday night to Wednesday.... Read more »

Nina Mironenko
Nina Mironenko answered on May 7, 2020

The threshold for having a hearing for a change of custody is a "change of circumstances" since the original order/stipulation. If you can prove that there has been a change in the way the father supervises the child, etc. and that it would be in the best interests of your daughter to... Read more »

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3 Answers | Asked in Family Law for New York on
Q: is possible to file for a legal separation in NY and still live together in one apartment?
Nina Mironenko
Nina Mironenko answered on May 5, 2020

Yes. Most separation and divorce agreements prepared by an attorney specifically state that living together and even resuming a marital type of relationship will not invalidate the agreement. Parties can agree to pretty much anything in a valid contract.

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2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: How can I become an emancipated minor in the State of New York if I face mental, emotional, And physical abuse?
Nina Mironenko
Nina Mironenko answered on Jan 13, 2020

File a petition in family court to be emancipated. There should be a help center in the county family court.

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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... 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... 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... 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... 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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