Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter Christopher Lomtevas
1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court since 2007 my ex is 35,000.00 in arears I recently filed court papers

He refuses to pay the minimum which is 50$ a month I can not afford a private attorney and I make too much for. A public defense please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court with my ex since 2007 he is 35,000.00 in arears and he will not get a job on the book

Because then he will have to pay please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for New York on
Q: Hello. I live in a road that has a shared egress. What is a common road agreement for a shared road? How is it split?

There are 3 owners that live on the adjacent property. One is a farm with 28 acres, 9 homes and businesses. One is a restaurant with 2 acres. I own 1.9 acres and have 2 homes on my property. The farm with 9 homes and businesses has the most land and travels the whole length of the shared road. They... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Hi, how do I give a custody back to her father

I was given custody to her but, he can care for her now, so I want to give her back to her.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

File a petition in family court and have the father served. Ask the judge to grant an order giving the father custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
Read more »

1 Answer | Asked in Divorce and Legal Malpractice for New York on
Q: What is the purpose of a Referee's report in a NY State divorce? Is Property Settlement based on referee's report?

In my NY State divorce there are 3 sentences that are in “Verified Complaint” signed by my ex-wife the plaintiff, The “Affidavit in lieu of testimony” “Action for Divorce” signed by my ex wife the plaintiff, and The “Referee’s report” findings of fact and conclusions of law,... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 2, 2022

As is usual for a question to come from a convoluted proceeding like a New York divorce, there is a confusion taking place here that only a visit to a law office can unravel. We’ll try our best with what we have.

An uncontested divorce means both sides do not contest a distribution of...
Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a question that I’m hoping somebody can answer.

My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for Connecticut on
Q: Ex husband died in Texas. Divorce was final in CT. Will I receive life insurance payout or will it be revoked?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

There is too little information here to determine a answer. We would need to know whether the decedent cancelled his insurance policy or otherwise amended it to exclude the asker as a beneficiary. We also do not know what the divorce judgment says as to whether the decedent had to maintain an... Read more »

2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I need to "RJI" on this case or it is already taken care of? How can I know if RJI was already filed?

RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***

My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

We certainly have no idea what a prior attorney did on a case, and we don't know what "pending" means in clerk-speak. The asker may want to visit the clerk's office where the uncontested divorce was filed to determine whether "pending" means an RJI was not filed, or whether it means something else.

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I file ineffective counsel before my case ends. My lawyer will not submit any evidence I have
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

These are two of the most important issues plaguing American men in family court, yet no one ever reviews the details. These have to do with the two areas of lawyer performance the asker brings up.

The first is the ditching of a lawyer mid-trial. Lawyers are not a plug-and-play device that...
Read more »

View More Answers

1 Answer | Asked in Family Law for New York on
Q: Hello; I live in Bronx, NY and I am engaged in a non married relationship. Should we get a Non Married Agreement?

We have no children, property or assets in common, But I want to know if it is important to get that on paper. Each of us have children from prior relationships

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 14, 2022

Contracts between unmarried couples are always enforceable, and the more detail such a contract has, the better it is for the couple.

A cardinal mistake is to not make such a contact. Accumulated wealth cannot be distributed equitably if the parties have no agreement on how such wealth is...
Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 6, 2022

Former Governor Andrew Cuomo said it best, "You can get away with anything as long as you don't get caught." This principle is especially pertinent with children and families. The asker can depart and the left-behind parent does nothing. Six months later, the asker is free and clear.... Read more »

View More Answers

1 Answer | Asked in Divorce for New York on
Q: How is the Majauskas formula applied to divide a 401k through a QDRObefore retirement age?

I would like to divide my 401k and give my ex her portion asap. We are in our 50s and live in NY. The divorce decree states" the Wife shall be entitled to a Majauskas share of the husbands 401-k as of the date of commencement of the matrimonial action that was pending at the time such... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

The Majauskas formula is 50% × years of service credit accrued during marriage (numerator)÷ total service credit at time of retirement (denominator). As we are not told the date of marriage (presented by way of an assumption of 30 years), the asker can do his own math.

Causing money from...
Read more »

1 Answer | Asked in Divorce for New York on
Q: Can I find a trained collaborative divorce attorney as probono? I am Asian immigrant mom who has 2 daughters ( 6&10 ).

Also I need an advice from well trained about divorce with a special need child for a future single mother. Please let me know. Thank you for your help!

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

Such a request may go unanswered. Divorce requires an assumption of risk by the attorney that can cost plenty. Sanctions are freely administered by judges, and lawyers will not fund sanctions for the pro bono client. Experts may be needed, and again, lawyers will not fund those.

We also do...
Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Apr 2, 2022

Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her... Read more »

View More Answers

1 Answer | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for New York on
Q: Can anyone be held civilly or criminally liable if false allegations are made and relied on for decision during custody?

My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 31, 2022

No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am a grandfather Pro Se. I was asked to write Case Law. I'm not fluent with this. Help! Thank you.

My Son is trying to stop visitation. His Ex-Girlfriend will allow me to see my Grand-Daughter. I am the only blood Grandparent. This is in NYS. I raised this child for the most part. Ex's Lawyer said I was doing a good job in Court. Is Case Law about my case, or, do I compare it to another... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

We here cannot participate in the conduct of any asker’s case because we are not the attorney of record. We know none of the facts and none of the procedural history.

We can say that there is precious little case law on grandparent visitation (FCA §651(b)) because most such cases end in...
Read more »

1 Answer | Asked in Child Custody, Family Law and Medical Malpractice for New York on
Q: In PA or NY, custodial parents and medical facilities are required to inform other parent with joint custody of trtmnt?

Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How do I request the family judge to view DCF records of parties living in the home
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

Information about a family does not get presented to a family court upon the saying of magic words. There is no abra-cadabra needed to present evidence. The key however is the timing. Typically, evidence is entered at trial. Many lawyers show up and filibuster the judge with all kinds of... Read more »

2 Answers | Asked in Family Law for New York on
Q: Ex is trying to get me to pay child care costs and medical expenses for daughter going back to 2007.

These costs are in addition to the child support that I have already paid. Is there a statute of limitations on this?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

This is not a better answer than that of my colleague. It only approaches its response in a slightly different way.

Some vestiges of the common law exist in child support cases. One of these is that stale evidence is unreliable evidence. This means child support add-ons that are not...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.