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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law for New York on
Q: Is there a timeframe in NY state in which custodial parents have to submit medical bills to noncustodial parent?

Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More

Peter Christopher Lomtevas
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answered on Feb 19, 2024

No.

New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Is wife’s debt consolidation the husbands responsibility after divorce?

Wife accrued debt prior to marriage. During course of marriage, debt was consolidated. Would husband be responsible for the ex wife’s debt after divorce?

Peter Christopher Lomtevas
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answered on Feb 7, 2024

This question's simple answer is that once separate assets are commingled with marital assets, they become marital assets. Separate debt commingled with martial debt becomes marital debt.

The question's more complicated and more accurate answer is that Pennsylvania is an equitable...
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2 Answers | Asked in Family Law for New York on
Q: Sole custody and finding by the Office of Children and Family Services

If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More

Peter Christopher Lomtevas
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answered on Feb 6, 2024

We do not understand how there can be an order of custody between parents residing together. Nonetheless, assuming this is true, that a couple resides together with an order of custody and visitation between them, we will take a stab at answering this question.

There are very many moving...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can my spouse gain my new car after a divorce?

I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More

Peter Christopher Lomtevas
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answered on Jan 4, 2024

This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.

The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in...
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2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Peter Christopher Lomtevas
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answered on Jan 3, 2024

Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I asked a pediatrician to note in my daughter's medical record that her mother was breastfeeding her while drunk.

I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am filling out an emergency hearing for custody. The original case was filed in fl. The kids live in ny now. We are f

Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?

Peter Christopher Lomtevas
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answered on Jan 1, 2024

We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.

The asker must be aware that the UCCJEA is...
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1 Answer | Asked in Family Law for New York on
Q: I have full custody of my daughter and the mother has visitation rights.

My daughter is 12 years old. Her mother is suddenly back in the picture after 8 yrs. My daughter and I are hoping to move to Fl. What are the steps I need to win our relocation case? How would I prove moving to Florida is the best interest of my daughter?

Peter Christopher Lomtevas
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answered on Jan 1, 2024

Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor... View More

1 Answer | Asked in Family Law and Criminal Law for Pennsylvania on
Q: Is it illegal for my father to post a picture of my 4 year old son (his grandson) on his dating.com profile

Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina

Peter Christopher Lomtevas
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answered on Dec 31, 2023

The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.

I received a... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More

2 Answers | Asked in Family Law, Tax Law and Child Support for Pennsylvania on
Q: If a father pays child support in Pa does he get to claim child ever on taxes? Like every other year?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish.... View More

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2 Answers | Asked in Child Custody and Family Law for Pennsylvania on
Q: Can I be held in contempt for keeping our child after my ex says they don’t want to see them during their time?
Peter Christopher Lomtevas
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answered on Dec 29, 2023

One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot... View More

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can i file for custody after finding the other parent is in aa without my knowledge

My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More

Peter Christopher Lomtevas
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answered on Nov 30, 2023

Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.

However, there...
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4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

Peter Christopher Lomtevas
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answered on Oct 22, 2023

We cannot provide particularized legal advice here online because we do not know the asker's case. In instances involving a relocation, the typical New York family court judge will be looking for economic improvement of the child. That is to say a job relocation that pays more income stands a... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: How to find out when a temp custody agreement ends

I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check

Peter Christopher Lomtevas
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answered on Oct 14, 2023

This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.

We also...
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1 Answer | Asked in Family Law for New York on
Q: When do you get an order after trial and decision in family court

Relocation trial ended in April 2023. Decision from Bench June 2023. Order to stay until school started which is in 2 days. No order provided yet. Do they serve it or do I have to pick it up?

Peter Christopher Lomtevas
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answered on Sep 7, 2023

We here are not clerks of court and cannot render opinions as to how to obtain court orders.

We here are also well aware of the enormous difficulty government has in keeping straight records in a court environment. Corners may have been cut. It may very well be that the judge's order...
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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: What would be good evidence / exhibits to use in a child support trial?

Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More

Peter Christopher Lomtevas
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answered on Sep 7, 2023

The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.

What we can say...
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1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there a time limit for NY magistrates to make a decision on motions ? (Motion to Vacate Default Child support Order)

At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.

Peter Christopher Lomtevas
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answered on Jun 3, 2023

Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?

Peter Christopher Lomtevas
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answered on Apr 3, 2023

This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Peter Christopher Lomtevas
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answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
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