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Questions Answered by Christine Moccia

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 »

Christine Moccia answered on Mar 27, 2019

If you have a judgment of divorce, trying sending it to the retirement fund

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

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

My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »

Christine Moccia answered on Mar 10, 2019

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

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

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

We live in New York and have 2 kids. His base salary: 185k, bonus: 150k. My salary: 100k. We have been married 8 years. I will have full custody.

Christine Moccia answered on Oct 16, 2018

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... Read more »

1 Answer | Asked in Divorce for New York on

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

I waived maintenance but 3 months after inquest and signing the divorce settlement agreement my medical and financial circumstances have changed drastically for the worse. I have been diagnosed with a life threatening illness and cannot work. The final divorce judgement papers have not been signed... Read more »

Christine Moccia answered on Jul 6, 2018

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... Read more »

1 Answer | Asked in Divorce for New York on

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

It is a somewhat unique situation - I and my family were battered by my husband, soon to be ex husband. He spent the last 7 years in jail and/or psych wards. I just need help.

Christine Moccia answered on May 31, 2018

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.

1 Answer | Asked in Divorce for New York on

Q: filed for divorce and after obtaining the index no

Back in 2012, we filed for divorce and after obtaining the index no, it was not pursued any further. Myself and my wife have tried to work things out, did not work and now decided to file for divorce. My question is the index no remained valid or it has an expiration date? I could not find the... Read more »

Christine Moccia answered on May 14, 2018

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.

2 Answers | Asked in Divorce and Family Law for New York on

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

My husband and I have been married since 2015 yet have been together since 2012. I relocated, left my family, friends, job and job prospects to move to NY to be with him. He works with the city, has a 457 savings account, pension and 401k. I have my insurance through his employer and we have a... Read more »

Christine Moccia answered on Apr 16, 2018

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.

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

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

My son has an upcoming custody/child and spousal support case on March 26... He had an appointment with his union lawyer for March 21 but they rescheduled it for May 9th due to the No'easter..He was told to tell them that he doesn't want to act as his own lawyer but wants to speak to a lawyer... Read more »

Christine Moccia answered on Mar 23, 2018

He should have a lawyer with him on the May 9 appearance. This is plenty of time to get an attorney.

1 Answer | Asked in Appeals / Appellate Law for New York on

Q: I need to file an appeal against a dmv decision to suspend me for a missed court date where the charges where dismissed

The reason for the court date stems from a case I took to trial and won. I was charged with Dwi and failure to take chemical test because I was a passenger. Charges dropped and now need dmv to drop suspension and fines. I was found innocent

Christine Moccia answered on Mar 22, 2018

Contact an attorney who specializes in DWI

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

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

I split from my wife 1 year ago and I want to get my divorce. We were living together only 2 years. we are 22 years old, she just finished college, and I have to quit school for taking care of here and my child. I have a job and she has one too, but I still making more money than her. Is there any... Read more »

Christine Moccia answered on Mar 21, 2018

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.

1 Answer | Asked in Divorce for New York on

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

she had me quit my job to watch the kids after she got a job making a lot more than we both used to make together.I was wondering if I would be entitled to her 401 k or pension?

Christine Moccia answered on Mar 21, 2018

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.

1 Answer | Asked in Divorce for New York on

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

Or his pension is that possible

Christine Moccia answered on Mar 14, 2018

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.

1 Answer | Asked in Child Support, Divorce and Domestic Violence for New York on

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

I have an 18yr old son who lives with me who has an order of protection against my husband and he is not living with me. We have 2 other minor children who also live with me. He is threatening to turn off utilities, cancel health insurance and take away other things unless I force my son to... Read more »

Christine Moccia answered on Mar 5, 2018

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... Read more »

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

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

Christine Moccia answered on Feb 20, 2018

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... Read more »

1 Answer | Asked in Divorce for New York on

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

received alimony for 5 years. She just went to see about the Quadro for annuity and her attorney advised her they never finalized the divorce in the court - what action can my sister take for the attorneys' failure to complete the proceedings.

Christine Moccia answered on Feb 12, 2018

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.

1 Answer | Asked in Divorce for New York on

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

uncontested divorce but spouse will not sign the paper.

Christine Moccia answered on Feb 12, 2018

You will need an RJI to obtain a judge and file for an Inquest. Contact a qualified divorce attorney.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on

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

Christine Moccia answered on Feb 12, 2018

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.

1 Answer | Asked in Divorce and Military Law for New York on

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

We were married in December 2011 and have been separated, not legally, for a long time and I have been asking for a divorce since 2015. We have a child together, he does not help me financially, he has been in training since September 2017 and I am currently unemployed. I live with my boyfriend and... Read more »

Christine Moccia answered on Feb 6, 2018

Special procedure for service on a member of the military. Consult a matrimonial attorney.

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

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

This man has been abusive & controlling towards me.

Christine Moccia answered on Feb 5, 2018

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... Read more »

2 Answers | Asked in Family Law and Child Support for New York on

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

My ex is taking me to court out of spite, for child support after ten years of him telling me that my kids don't need me, my help and would be better off without me. He NEVER asks me for money or anything to help my kids. He is a truck driver, he's buying an old Amish farmhouse, has two horses, 3... Read more »

Christine Moccia answered on Feb 5, 2018

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... Read more »

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