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Questions Answered by Christine Moccia
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
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
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
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
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... Read more »

Christine Moccia
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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1 Answer | Asked in Child Support and Divorce for New York on
Q: Can I claim my kids for taxes? My ex wife has custody but she doesn’t work. I pay child support and have visitation
Christine Moccia
Christine Moccia answered on Jan 16, 2018

This should have been addressed in your separation agreement or stipulation in your divorce action. If not, then you will need to work it out with her somehow. And check with your accountant for IRS forms needed.

1 Answer | Asked in Divorce for New York on
Q: Divorcing. I"m thinking of buying our marital residence, If we agree on a $ amount to repay him, can I just re -mortgage

Problem is my name is not on the mortgage, just the deed. So do I have to buy back my whole house at appraised value or balance amount due on mortgage plus his half of what we have in equity

Christine Moccia
Christine Moccia answered on Jan 15, 2018

When buying out your spouse, you will refinance the existing mortgage, removing him from the debt. Your spouse would be entitled to one half of the equity, which is the appraised value of the home less the outstanding principal balance on the mortgage. Please be advised that this response is not... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: what can I do to get full custody of my son,no visits from his father?I don't want him next to me son?He doesn't deserve

I am married but we don't leave together since the day I got pregnant. He didn't take care of me during pregnancy, unlike he didn't want me to be pregnant, so he never went to the doctor with me or something like that. Today my son is 4, he's going for school and I have it with... Read more »

Christine Moccia
Christine Moccia answered on Dec 8, 2017

You should consult with an attorney familiar with Family Law and Family Court. The short answer is that you need to file for custody.

1 Answer | Asked in Appeals / Appellate Law and Adoption for New York on
Q: U filed an appeal for custody can the child get adopted while waiting for court date.
Christine Moccia
Christine Moccia answered on Nov 27, 2017

This is a very complicated question and situation with the custody of a child involved. Please contact an attorney.

1 Answer | Asked in Divorce for New York on
Q: I am about to inherit a sum of money. And if I file for divorce after receiving it is she entitled to some of it

If I use it to pay debt off that is equally ours Does that come back to me after the house is sold

Christine Moccia
Christine Moccia answered on Nov 17, 2017

Inheritance is a separate asset; it is not a marital asset subject to distribution, generally speaking, unless it is comingled with marital assets. This response is not legal advice. I do not know your procedural or factual background. I am responding to this question in general terms only.... Read more »

1 Answer | Asked in Divorce for New York on
Q: my divorce settlement states that my ex husband is to provide a copy of his income tax papers every year.

two years after divorce he did take me back to court to adjust the child support - he had left his job and started his own company. The personal income tax papers he provides show very little income. Should he be providing his business income papers - the significantly reduced child support is... Read more »

Christine Moccia
Christine Moccia answered on Nov 17, 2017

This depends on how he is filing for his business. If his business is a corporation and filing separately as a corporation, then yes you should also receive his corporate return. If he is self-employed and does not file a separate corporate return, then he is recording his income and expenses on a... Read more »

3 Answers | Asked in Divorce, Child Custody and Child Support for New York on
Q: I'm still married but living separately and she is keeping my son from me do I still have to pay without a court order
Christine Moccia
Christine Moccia answered on Oct 26, 2017

If you are the biological parent, yes. Each parent must support the child until age 21 unless the child is emancipated at 18. Speak to an attorney about a possible custody petition in order to see your son.

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3 Answers | Asked in Appeals / Appellate Law and Personal Injury for New York on
Q: What kind of a lawyer can help me to file an appeal?

Slip and Fall accident on the landlord property September 2014. ORIF Surgery. 12 weeks off work. Had a lawyer working on my case. The judge dismissed the case as there were not enough evidence to prove negligence. I believe that guardrail could have prevented me to go on the slope where I... Read more »

Christine Moccia
Christine Moccia answered on Apr 18, 2017

There are different standards to meet for an appeal. It's a higher standard because the trial court and if there is a jury, the jury, is given deference in questions of fact. However, there could be trial errors concerning the admission of evidence that can be attacked on appeal, as well as... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Is New York considered a community property state?
Christine Moccia
Christine Moccia answered on Mar 21, 2017

Marital property in New York is subject to equitable distribution according to the NY Domestic Relations Law.

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1 Answer | Asked in Divorce and Real Estate Law for New York on
Q: I would like to know if it is possible to sublease my house in the state of Virginia with out future ex wife's signature
Christine Moccia
Christine Moccia answered on Mar 20, 2017

Who is on the deed? Is it marital property? Are you in the process of a divorce? What state is it pending. I think you need to consult with an attorney (qualified divorce attorney).

2 Answers | Asked in Divorce for New York on
Q: We filed for divorce back in 2005 and were divorced in 2010. she kept the house and I kept my pension.

Now she wants part of my pension, can she do that?

Christine Moccia
Christine Moccia answered on Mar 16, 2017

Please refer to your settlement agreement or divorce stipulation with respect to division of pension. It may also be in your Judgment of divorce. If she is filing a QDRO you should have been aware of this already. Contact your divorce attorney or reach out to a new one.

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2 Answers | Asked in Divorce for New York on
Q: hi my husbend is self eimployd 67y old 3 kid 15,12,11 iam not working 15 y of marig noting is on his neam the besnis

no mony in the bank evry thing pay in cash have life insurne have lising car threten to not give my noting becus he on panshin but stil working how to prov that he have mony and get what is main

Christine Moccia
Christine Moccia answered on Mar 14, 2017

You need to make an appointment with a qualified divorce attorney in your area. His pension will be divided according the the length of the marriage and his years of service. You will receive child support as long as you have primary physical custody. His income will be estimated if he is not... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Married 29 yrs never worked in NY what are my legal rights as he wants to leave me with nothing. Children all adults?

7 yrs ago my husband changed and started mentally and emotionally abusing me and destroying our marriage with anger and rage blaming me for it and everything else in his life, midlife crisis I don't know. I believe he's been cheating but have no proof. He's now threatening me with... Read more »

Christine Moccia
Christine Moccia answered on Mar 13, 2017

You need to get a consultation immediately with a qualified attorney in your area. Borrow the money for the consultation if you have to, but get there and get there soon. He cannot prevent you from getting your share of the marital assets which includes his pension. Also, you will need temporary... Read more »

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1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on
Q: What will happen and what should do ?

Hello

I was f1 visa student I got married in 2016 us citizen girl , we filled up the applications for the immigration and I got my ssn and the work authorization card ( work permit ) , and we still pending for the first interview , waiting when they will schedule our interview, I found her... Read more »

Christine Moccia
Christine Moccia answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal... Read more »

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