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Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law and Juvenile Law for New York on
Q: My family and children are being targeted by child protective services and a private citizen can you help

Our personal way of life ,religious beliefs and the way we raise our children is being targeted and scrutinized by cps and a private citizen .We feel like we are under attack and that we have no way to protect ourselves or our children

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 3, 2015

No. We in this nation have taken a stand against domestic violence such that we have to watch our every step to avoid being falsely accused and arrested/prosecuted. We cannot beat our kids or else we lose them. The only way to harass and annoy someone in American today is to use the legal system... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: Can I write my baby father in jail if I have an order protection on him?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 2, 2015

I strongly urge you do not even though there is no prohibition. Do not cause him to respond to you thus violating his order. He has to stay away and not contact you and you should do the same.

1 Answer | Asked in Family Law for New York on
Q: We have everything joint (house, bank accounts, etc). I am worried about this. I am considering a trial separation

first. What are my rights, and what are the ramifications of this? Do we make an agreement? How would I proceed?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

Very many people engage in divorce planning which includes having places to escape to when cops are called, separate bank accounts, accommodations for children when the balloon goes up and so on. In your case, you have apparently done nothing to divorce-proof yourself. So you'll enter into an... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can a child become emancipated at 16 and live with their non custodial parent

also when is it legal to stop paying child support for a child?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

In most states, a sixteen year old decides where he will park himself. When that happens, run to your family court and file a petition to terminate support and to impose support on the other parent (F Docket). That other parent will now feel the benefits of government intervention in her life.

1 Answer | Asked in Family Law for New York on
Q: Approaching one year since my custody modification trial is over. Judge still in reserve decision

I am Prose petitioner in this case. I have tried to call the court but they will not tell me anything other than it is still not decided. What is taking so long. Should I be worried

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

Go to your family court's clerk's window and ask whether an order was entered. Have your docket and file numbers with you and picture identification. It may be that the clerk did not know where to send your order. However, it may have been a dismissal because nothing has changed in all this time.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Am I responsible for my adult child's criminal defense for a matter that occurred at college?

I am the noncustodial parent. I am up to date on child support and college payments. My child was caught on campus with marijuana. He was 18 years old when this happened. My ex got him a lawyer to have the matter dismissed and sealed. I was not informed nor consulted about this, just given a bill.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

No. Your ex is pulling your leg.

1 Answer | Asked in Family Law for New York on
Q: My ex remarried moved to Canada from ny with the kids do I have to pay child support still, bc she moved out cou country
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

You owe exactly the amount specified in your order of support no matter where there mother resides, whether you see your child or not. If you have an order of visitation from a New York family court, then you can file a violation petition alleging the mother absconded with the kid. If you do not,... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can I get more than just child support from my son's father?

I am not working and have been ill for the last few years. My son is Autistic. His father walked out on us a couple of months ago and is now refusing to give us money. We lived together for almost a decade. He claims us as dependents on his taxes and has done so for years. Can I get more than just... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

If you are married, you can petition in family court under the "F Petition" to get an order of spousal support. However, if you are not married, you are not eligible because the court has no no way of knowing your personal status despite the tax returns from the past. The court requires proof of... Read more »

1 Answer | Asked in Family Law for New York on
Q: Is it consider abandonment if I leave my newborns with Cys

Is it considered abandonment if I leave my newborn with Cys they already have physical custody and medical over them will they charge me with abandoment if I just leave

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

I do not understand what is a 'Cys". If you mean CPS, then you are asking us to advise you as to whether simply leaving your child with child protective services is okay. Simply leaving your child is never okay no matter how futile the proceeding is against the child protective apparatus. However,... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can I get credit for room and board spent at college against child support?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

I am not certain I can identify you as either the parent or the child. If you are the parent (obligor), you cannot act outside your order of support. If your order requires all payments to the recipient, then that is whom you must pay. If you are a direct pay obligor, make sure you maintain all... Read more »

1 Answer | Asked in Family Law for New York on
Q: what can I do about my daughters law guardian, he is favoring her father when he is suppose to be in favor of the child?

my lawyer told me he sees what the law guardian is doing and i can go in front of the judge and request a new one, but the downfall is that the judge may look down on me and favor her father. This has been going on for 7 years and I am to the point where I want to give up, I feel like I am out of... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

You can move to have the LG disqualified but you will face one of two possibilities. You may get your motion denied and then face stiffer opposition by he LG. Or, the judge may grant your motion and you'll jump out of the frying pan and into the fire.

Your depiction of 'favoring' is vague....
Read more »

2 Answers | Asked in Domestic Violence for New York on
Q: What happens if your on probation for domestic violence and you get charged with the same offense again
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 2, 2015

You will likely have your probation revoked. You'll be remanded to jail ad you'll be arraigned on the new charges - typically a felony violation of an order of protection and any other crimes against the protected person that she wishes to raise.

The well never runs dry. Many men,...
Read more »

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2 Answers | Asked in Family Law and Public Benefits for New York on
Q: How can I get relief from arrears if all children are in my custody?

Single mom was on public assistance when put on child support not knowing until Court papers came in mail. Now has children back and has 3 other kids to raise. Just got a job may 2015 as a waitress making under minimum wage. Got a termination of order Aug 2015 but was Informed she has to pay $400+... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

You cannot get relief from arrears unless the child support recipient consents to waive arrears. Essentially, the court was forced to abdicate its authority in imposing and then vacating arrears in child support (the Bradley Amendment). This empowers the mother to decide whether she will keep or... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Hello, What paper work need to be filed to remove law guardian due to conflict of interest in custody case in NYS?

I am in a custody case due to a recent attempt to take my life. In this case a law guardian has been assigned to my child. This law guardian represented my ex wife in a prior custody case. The current custody case is with a different woman which is my current wife. She is in full support of having... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Oct 1, 2015

You'll need a motion to relieve the LG. Assigning an LG to a regular custody case (V Docket in family court or divorce court) is not statutory and is at the court's discretion. Courts routinely abuse their discretion, for example when they assign an LG to an inarticulate (infant) child or assign... Read more »

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