Questions Answered by Christine Moccia

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
Christine Moccia's answer
If you have a judgment of divorce, trying sending it to the retirement fund

Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Mar 10, 2019
Christine Moccia's answer
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

Q: Hi, can you please let me know what best and worst case scinerios are for child support and spousal support in New York?

1 Answer | Asked in Child Support and Divorce for New York on
Answered on Oct 16, 2018
Christine Moccia's answer
Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you and your spouse.

Q: Do I request to vacate a divorce settlement agreement by order to show cause or by plenary action? Judgement not signed

1 Answer | Asked in Divorce for New York on
Answered on Jul 6, 2018
Christine Moccia's answer
I believe the agreement will be binding unless you can show you entered into it under duress or were somehow incapacitated when you signed it. If you move to "vacate" or set aside the agreement, your ex will probably file a judgment of divorce and request a signed judgment incorporating the agreement. But of course you should consult a qualified attorney to discuss this matter. I cannot provide advice in this manner. Good luck .

Q: Hello - I face an inquest in a divorce proceeding 7/11. I have no idea what the comprises or how to prepare.

1 Answer | Asked in Divorce for New York on
Answered on May 31, 2018
Christine Moccia's answer
If you are self-represented, the judge and clerk will likely help you through it. The end result will be a judgment of divorce. I am not sure of your finances or child support but if there are financial accounts those will be addressed as well.

Q: filed for divorce and after obtaining the index no

1 Answer | Asked in Divorce for New York on
Answered on May 14, 2018
Christine Moccia's answer
Unless an application was made to dismiss the case for failure to prosecute, that case is still open.

Not sure about Queens, but try the county clerk's office to see if they will look it up by name.

Q: What is better in the long run in order to get the most of the marital assets?

2 Answers | Asked in Divorce and Family Law for New York on
Answered on Apr 16, 2018
Christine Moccia's answer
The retirement accounts will only be divided from 2015 (date of marriage) until the date an action is commenced for divorce. You will probably not get any spousal support.

Q: Can you request a postponement if you want legal representation on your behalf in a court proceeding

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Answered on Mar 23, 2018
Christine Moccia's answer
He should have a lawyer with him on the May 9 appearance. This is plenty of time to get an attorney.

Q: What is the percent of child support that I have to pay in Puerto Rico for 2 child?

1 Answer | Asked in Child Support and Divorce for New York on
Answered on Mar 21, 2018
Christine Moccia's answer
Generally speaking, in a short term marriage alimony/maintenance is not at issue. Not sure if the child is yours and hers? If that's the case, your main issue will be custody and child support. Consult a qualified divorce attorney.

Q: my wife and I separated about 10 years ago after she had an affair ,I am going to be filing for divorce soon

1 Answer | Asked in Divorce for New York on
Answered on Mar 21, 2018
Christine Moccia's answer
Yes. You are entitled to half of the marital portion of her 401k. However, you need to consult with a qualified divorce attorney to discuss this matter because every situation is unique.

Q: My husband filed for divorce if he cancels and in the future if it doesn't work I will right a letter stating that I wil

1 Answer | Asked in Divorce for New York on
Answered on Mar 14, 2018
Christine Moccia's answer
You should consult an attorney on Long Island that is qualified to answer your questions. Division of a pension is a significant aspect of your potential divorce and you should understand it. Good luck.

Q: can I file for child support without filing for divorce in New York?

1 Answer | Asked in Child Support, Divorce and Domestic Violence for New York on
Answered on Mar 5, 2018
Christine Moccia's answer
Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child support and maybe an order of protection for yourself.

Q: In NY, does a 13 year-old have to visit with a custodial parent who has visitation rights in the divorce decree?

1 Answer | Asked in Child Custody and Divorce for New York on
Answered on Feb 20, 2018
Christine Moccia's answer
Generally speaking, yes. And the custodial parent should do whatever he/she can do to facilitate the visits by speaking to the child, maybe taking the child to therapy, or start out the visits with a third party and the non-custodial parent. It would not be a good idea for the custodial parent to discourage the visits. But each case is different and you should consult a family law attorney qualified to assist you.

Q: My sister and her husband in NY had divorce attorney's for their divorce. The agreement was settled on and my sister

1 Answer | Asked in Divorce for New York on
Answered on Feb 12, 2018
Christine Moccia's answer
You should get another attorney to complete the proceedings and then obtain a Judgment of Divorce, which can be used to obtain the division of the retirement accounts.

Q: how to file a request for default judgement in the supreme court of NY?

1 Answer | Asked in Divorce for New York on
Answered on Feb 12, 2018
Christine Moccia's answer
You will need an RJI to obtain a judge and file for an Inquest. Contact a qualified divorce attorney.

Q: Can child support be paid directly to the child after they are 18? Paying until 21 per decree.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Answered on Feb 12, 2018
Christine Moccia's answer
This depends. I did have a case where the child was in college living off campus. Child support paid to landlord for the child's housing. But that was an unusual case. I would suggest reaching out to a qualified family law attorney.

Q: My spouse is at training for military, is there a special procedure for divorce or is an uncontested divorce okay?

1 Answer | Asked in Divorce and Military Law for New York on
Answered on Feb 6, 2018
Christine Moccia's answer
Special procedure for service on a member of the military. Consult a matrimonial attorney.

Q: Does my ex husband have right to say where the kids & I live ? Does he have to inspect & approve our home ?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Feb 5, 2018
Christine Moccia's answer
If your agreement prevents you from moving out of the area where the children live now, then he can stop you from relocating. If he has issues with the quality of your housing and/or the safety of your children, he can bring you to Family Court to change the physical custody of the children so that he has physical custody. Also, he can alert child protective services if he believes the quality of the housing is impacting the children. Please be advised this is a general answer to your question...

Q: Can a person's possessions effect child support amounts?

2 Answers | Asked in Family Law and Child Support for New York on
Answered on Feb 5, 2018
Christine Moccia's answer
You will be responsible for child support based on your proportionate share of combined income until your children reach 21 years old unless they become emancipated at 18. His possessions will not be taken into account. However, there are nuances to each case so I recommend you have a consultation with an attorney.

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