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Questions Answered by Kevin M. Colwell
1 Answer | Asked in Child Custody and Legal Malpractice for New York on
Q: i want to hire a NY family court lawyer, but he is employed as the court attorney. Is this a conflict or problem?

He is listed as "assistant county attorney/family court" on the county webpage. I am finding lots of family attorneys work in the family court itself, or are judges in other courts, or work in other govt offices... My goal is to Not be confronted with the issue later by my ex, as he is very... Read more »

Kevin M. Colwell
Kevin M. Colwell answered on Mar 3, 2018

It is unclear from your question whether or not the attorney you wish to hire would have a conflict of interest problem. The best thing to do would be to ask the attorney directly if he or she would have a conflict of interest in the event he or she took your case.

2 Answers | Asked in Child Custody and Child Support for New York on
Q: What steps do I take to give my mother temporary joint custody since we live with her and father barely come around?

I live in New York never married and have 3 kids with the same guy we split 4 years ago and he stopped coming around like that. He was ordered to pay child support but quit his job to work off the books he has no steady home he sleeps on a friends couch and when he picks them up he brings them 2... Read more »

Kevin M. Colwell
Kevin M. Colwell answered on Aug 3, 2017

You and your mother should file a petition seeking to modify the existing custody order. In extraordinary circumstances, the court can award custody to a grandparent.

Before you do anything you should seek a consultation with an experienced family law attorney to discuss your situation...
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1 Answer | Asked in Divorce for New York on
Q: I was married for 30 years but am now getting a divorce.

Does the amount of time I was married impact the amount of money my wife will receive from me?

Kevin M. Colwell
Kevin M. Colwell answered on Sep 29, 2016

Yes, if your wife will be entitled to receive spousal maintenance. The guidelines for the duration of that award are based upon the length of the marriage.

1 Answer | Asked in Divorce for New York on
Q: To a NY att'y. who specializes in matrimonial law

I know someone who is legally separated from her husband on account of his alcoholism and abuse. She has custody of their two children. She and her family of origin are impoverished. The husband's mother is very elderly and very wealthy. Does the wife &/or do the children have any right independent... Read more »

Kevin M. Colwell
Kevin M. Colwell answered on Sep 27, 2016

All income or assets acquired during the marriage are presumed to be marital assets. However, that presumption can be overcome if a party is able to show the separate nature of a particular asset. So, if the husband is careful to keep the inheritance separate from other marital funds, he will a... Read more »

1 Answer | Asked in Child Support for New York on
Q: The father of my children left us and moved to Ga . We live in ny. Which state does child support go by?

Noncustodial parent lives In Ga . Left ny . I need to apply for child support. Which state does child support guidelines come from?

Kevin M. Colwell
Kevin M. Colwell answered on Sep 27, 2016

You can file for child support in New York State. Under the interstate child support act "UIFSA". Assuming you and the child have lived in NY for six months, NY is the home state for child support purposes and as the initiating jurisdiction can acquire long arm personal jurisdiction over the... Read more »

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