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Questions Answered by Robert B. Pollack

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

Q: I divorced years ago, 13 years ago, and have been paying child support monthly since then.

This payment is based on the divorce decree. The child is now 18. The child has never been to the united states because of the mother's choosing. I provided opportunities for the child to study here in the USA after high school, but the mother decided that wouldnt work. I assume its so she can keep... Read more »

Robert B. Pollack answered on Apr 1, 2019

Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child... Read more »

1 Answer | Asked in Divorce for New York on

Q: My sister is disabled due to MS...her husband is divorcing her after 30 plus years , calling it a Medicaid divorce. Her

Only income is her disability payment. She has no extra income for a lawyer. Her husband has a large amount of debt and their home is in both names. Probono possible?

Robert B. Pollack answered on Mar 15, 2019

What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is... Read more »

1 Answer | Asked in Divorce for New York on

Q: Can a paralegal write a stipulation of settlement for a divorce filing without a lawyer involved?

A friend says he can prepare all the divorce paperwork for me and my wife, and write up a stipulation of settlement also. I thought a lawyer would have to be involved somehow, but my friend says he can do it all by himself. He's a paralegal. It that legal?

Robert B. Pollack answered on Mar 13, 2019

The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY... Read more »

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