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Questions Answered by George E. Patsis
3 Answers | Asked in Divorce for New York on
Q: What happens if husband withdraws 401k money before wife files for divorce in NY?

What happens if a husband knows wife is going to ask for divorce so he files retirement and gets 401k at age 60 to get funds before divorce is filed

George E. Patsis
George E. Patsis answered on May 29, 2020

Whether the funds are held in a 401(k), a bank account, or cash they remain a marital asset subject to equitable distribution. A Court would certainly frown upon this type of behavior and would likely hold the husband liable for any early withdrawal fees, penalties, and additional taxes incurred.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does an unsigned draft order (contested by ex-wife) supersede a signed temporary court order (expired) in family court?

Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... Read more »

George E. Patsis
George E. Patsis answered on May 29, 2020

If the "order" is only a draft and has not been signed by a judge it has no effect.

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2 Answers | Asked in Divorce for New York on
Q: Maintenance in NY state

Judge requested more information for our divorce filing. Married in 07, lived apart since 09 but never filed for divorce until now (unfortunately after the 2016 maintenance law enactment). She signed a waiver of spousal maintenance. I already pay support. I know that pre-divorce seperate living... Read more »

George E. Patsis
George E. Patsis answered on May 29, 2020

It sounds like you reached a settlement agreement with you wife. If your wife waived maintenance it is highly likely that the Court will accept that waiver. If the Court is requesting additional information it means that something was missing from your wife's affidavit. It could also mean... Read more »

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2 Answers | Asked in Consumer Law and Small Claims for New York on
Q: I took my vechicle to an express lube place to have my oil changed and the guy put too much oil in.

It end up destroying my engine. I was taking the owner to small claims court and he wanted to go through his insurance company to settle out of court and I accepted his offer. I gave him all the receipts and documentation to file the claim. A few months went by and I haven't had any word from... Read more »

George E. Patsis
George E. Patsis answered on May 29, 2020

You may be able to obtain insurance information through the DMV.

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2 Answers | Asked in Real Estate Law for New York on
Q: Can I change the locks on my door to prevent three licensees from entering.

A Stipulation Agreement was issued in December ordering my sister, her husband and 22 year old disabled child to vacate on or befire May 31, 2020. In March that family went to Baltimore to reside with their oldest daughter during this pandemic. I am 71 years old and their return may be a threat to... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

It sounds like you may have resolved an eviction case through a stipulation of settlement. Generally, a stipulation of settlement will state that upon non-compliance you may obtain a judgment and warrant of eviction. A warrant of eviction will permit the Sheriff to physically remove the tenants... Read more »

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2 Answers | Asked in Child Custody for New York on
Q: Can my ex girlfriend keep my child a secret from me?

My ex got pregnant and she told me that she miscarried, but really she had the baby and has been keeping it a secret ever since. Do I have any legal rights in this situation? She cant legally keep my child from me? Can she?

George E. Patsis
George E. Patsis answered on May 29, 2020

You can file a paternity petition in the Family Court. Before doing so, you should seek legal advice from an attorney in your area.

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2 Answers | Asked in Divorce for New York on
Q: After divorce was final found out ex bought a house for $450k cash he didn’t disclose on SNE. Do I have any recourse?
George E. Patsis
George E. Patsis answered on May 30, 2020

You may be able to re-open the case based upon your ex-spouse's fraud. You should seek the advice of a divorce attorney immediately. My office is currently offering free telephone and Skype consultations.

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2 Answers | Asked in Real Estate Law for New York on
Q: How long should it take for my first month’s rent from my rental application be refunded to me?

I paid an application fee and first month’s rent for an apartment I was looking to rent. The real estate agent told me if I did not get the apartment, then the first month’s rent is refundable, but the application fee is not. I could not get the apartment due to COVID, so it went to another... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

Call you credit card company and explain the situation. They should be able to process a charge-back.

You can also file a complaint with the New York State Department of State, Division of Licensing. This is a serious violation.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: If i am the custodial parent Is advancement in my career sufficient in requesting change of address?
George E. Patsis
George E. Patsis answered on May 30, 2020

Relocation cases can be difficult. There are a number of circumstances that will be considered, your career would be only one factor.

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2 Answers | Asked in Child Support for New York on
Q: If my mother gets child support every month and I’m in college and not living at home, Should I be getting the $$
George E. Patsis
George E. Patsis answered on May 30, 2020

Child support belongs to the custodial parent, not the child. The money should be used for the child's support, including but not limited to the cost of housing, food, and clothing.

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2 Answers | Asked in Animal / Dog Law for New York on
Q: What is the law on walking a dog on someone else’s property?

I usually let my dog walk about a foot, not more than 2, on neighbors property. If he goes to the bathroom, I pick it up. But if the property owner says I can’t walk him on their lawn, do they have the legal right to do so?

George E. Patsis
George E. Patsis answered on May 30, 2020

Yes, property owners have the legal right to control who accesses their property.

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1 Answer | Asked in Internet Law for New York on
Q: Hi I like to know if slander in social media such as YouTube and harassment is permitted !

Individual was a former consumer

Who engaged and found a loop hole to extort And slander

After extortion they posted a social media video via YouTube

And provoking daily harassment

Item was shipped from New York to California in which the buyer not only extorted... Read more »

George E. Patsis
George E. Patsis answered on May 19, 2020

“The elements of a cause of action [to recover damages] for defamation are a ‘false statement, published without privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and it must either cause special harm or constitute defamation per... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Minor dust is showing left behind a few hung items on walls can landlord charge me for painting all walls?

And take it from my security?

George E. Patsis
George E. Patsis answered on May 18, 2020

Your question depends on the language contained in your lease. Generally, normal wear and tear is expected and should not be charged to the security deposit.

2 Answers | Asked in Medical Malpractice for New York on
Q: Dentist said that stitches would dissolve and they havent.

The dentist said that the stitches would dissolve within 2weeks and it's been a little over a month and the stitches are still in my mouth. I called them and they said that they will come out on their own and they havent.

George E. Patsis
George E. Patsis answered on May 18, 2020

This sounds like a medical question and not a legal question. You should seek the advice of another dentist. A Medical Malpractice case requires damages, if you have not suffered any damages you have no case to pursue.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can charges be pressed against the other parent from keep a child away from non custodial parent?

My son mother has changed her number and has keep me from my son since nov2019 and this isn’t the first time

George E. Patsis
George E. Patsis answered on May 18, 2020

She likely will not be criminally charged unless she is somehow endangering the child. If there is a court ordered visitation schedule, she could be found in contempt.

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2 Answers | Asked in Real Estate Law for New York on
Q: Florida foreclosure and property lien??

Trying to make this simple... I live in NY a neighbor of mine needed a loan of 25k... And agreed if i give him the loan it would be as a mortgage on 2 pieces of property he owns in FLA which we did the legal way recorded against the properties in FLA citrus county...This was in 2011 and on loan... Read more »

George E. Patsis
George E. Patsis answered on May 18, 2020

Without further information regarding the legal contents of the note it is difficult to say whether New York or Florida law would apply. There may be a choice of law provision in the note. You should consult with an attorney in New York and Florida.

In New York, the statute of limitations...
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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Please help me!!! How can I stop my girlfriend from taking my son to Alaska?

Our son was born In Florida, my job requires me to travel so I bought a camper so we can all be together as a family.. I’m the only one that works, she stays home. I CANT HAVE HER TAKE HIM TO KODIAK ALASKA..

George E. Patsis
George E. Patsis answered on May 18, 2020

You can file a petition for custody in the Family Court and seek a temporary order staying the move.

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3 Answers | Asked in Contracts, Collections and Health Care Law for New York on
Q: Can my mom's doctor's office ask for co-payments (going back 6 months) when she was told she was covered? New York

My mom started with a new physical therapy practice back in Aug 0f 2019. She has medicare and blue cross blue shield. They said they accepted her insurance and proceeded to make copies of her insurance cards. At each visit, they never asked her for a co-payment. She recently called the... Read more »

George E. Patsis
George E. Patsis answered on May 18, 2020

Your mother should review the explanation of benefits statements that are issued by Blue Cross Blue Shield. The EOBs will indicate what amount is due per the insurance policy. It is unusual that the co-pays were not collected at the time of service but it is perfectly acceptable to bill for them.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: If dust is left behind on the wall from pictures being on there can my landlord take out of my security

And charge me for the whole wall to be painted

George E. Patsis
George E. Patsis answered on May 18, 2020

Your question depends on the language contained in your lease. Generally, normal wear and tear is expected and should not be charged to the security deposit.

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