Questions Answered by Nina Mironenko

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

1 Answer | Asked in Divorce for New York on
Answered on Apr 3, 2019
Nina Mironenko's answer
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.

Q: My ex-husband worked for NYS Department of Corrections, he retired January 2019.

2 Answers | Asked in Divorce for New York on
Answered on Mar 27, 2019
Nina Mironenko's answer
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.

Q: My ex domestic partner owns the house I live in with our 2 kids. This is the only home they know.

1 Answer | Asked in Family Law for New York on
Answered on Mar 23, 2019
Nina Mironenko's answer
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.

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?

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Mar 7, 2019
Nina Mironenko's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Mar 7, 2019
Nina Mironenko's answer
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.

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

1 Answer | Asked in Child Support for New York on
Answered on Mar 6, 2019
Nina Mironenko's answer
You would be credited for any support which is owed you against the child support you owe.

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.

1 Answer | Asked in Child Support for New York on
Answered on Feb 21, 2019
Nina Mironenko's answer
No, if the child support order was that your mother receive child support, then she receives any arrears.

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 11, 2018
Nina Mironenko's answer
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 the current child support is not sufficient. I am not sure why a 2009 NYS stipulation of settlement would have 18 as the emancipation age. If that wasn't merely a typo, you could argue that you...

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

1 Answer | Asked in Divorce for New York on
Answered on Dec 10, 2018
Nina Mironenko's answer
Yes. All expenses may be adjusted when equitable distribution is determined.

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 5, 2018
Nina Mironenko's answer
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" - meaning that the father did not pursue a relationship with your son, then your son could argue that the father still has to support him. If your son did not want to see/communicate with his father...

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

1 Answer | Asked in Child Support for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
You state that he is incarcerated and state his income - if any.

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

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
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 would also demand broker's fee if there was one) you must go into landlord tenant court.

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

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
Answered on Dec 1, 2018
Nina Mironenko's answer
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?

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

1 Answer | Asked in Child Support for New York on
Answered on Nov 30, 2018
Nina Mironenko's answer
You are not entitled to repayment on a child support over payment. You could have gotten credit if you still owed child support.

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

1 Answer | Asked in Child Support for New York on
Answered on Nov 29, 2018
Nina Mironenko's answer
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 make a lot less) you can file a petition for an upward modification of child support

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

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Nov 29, 2018
Nina Mironenko's answer
The new owner bought the property bought it subject to all of the leases. She cannot demand new leases.

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?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Nov 27, 2018
Nina Mironenko's answer
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.

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

1 Answer | Asked in Family Law for New York on
Answered on Oct 23, 2018
Nina Mironenko's answer
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.

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

1 Answer | Asked in Child Support for New York on
Answered on Oct 23, 2018
Nina Mironenko's answer
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.

Q: Can I get more time from family court, to amend my original filing, after defendant filed a response?

1 Answer | Asked in Family Law and Domestic Violence for New York on
Answered on Oct 22, 2018
Nina Mironenko's answer
Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.

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