Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Peter Christopher Lomtevas
2 Answers | Asked in Family Law and Child Support for New York on
Q: If I marry someone on child support could that backfire on me

My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2024

The answer to this question changes with the political winds in Washington. In a democrat run government, there is great risk in marrying a child support obligor. Government taxes, spends, and requires the maximum amount of money from enforcement proceedings, like child support enforcement, to... View More

View More Answers

1 Answer | Asked in Family Law for New York on
Q: Good Afternoon, How can we legally pursue a court-appointed attorney for the Child for damages, in NYS?

On behalf of my daughter, whose court-appointed Attorney has Psychologically and Mentally abused her for a duration of 5 years.

The Attorney for the Child resigned before her own trial, which the judge had set up to remove her from the case.

Thank you in advance for your help; it is much needed.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

There is no answer to this question because the attorney for the child's supervisors have their office in the local appellate division. These offices derive their authority from the appellate division, and attorney for children are the local super-lawyers.

Other states have different...
View More

1 Answer | Asked in Contracts and Family Law for New York on
Q: What must be proven to successfully sue a parenting coordinator who is "immune from suit".

The person in question intentionally broke their contract, admitted to breaking HIPAA laws in writing, and refuses to refund a retainer, despite admitting that I am due a reimbursement.

Can this be handled in small claims court?

I am also intending to file a complaint against... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

With all the wars going on around the world, our government has circled its wagons against all enemies foreign and domestic. We are its domestic enemies.

The government's staffers both employed and assigned are inside the circled wagons. Each can do whatever he wants and say what he is...
View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: Is it illegal to run away from home at 16 without my parents permission in PA?

My parents are verbally abusive, and want to send me to a psych ward against my will. I don't believe that going into inpatient care is going to be the best option for me, but they don't care about my opinion. I believe the best option for me is to leave, as my parents won't let me... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Pennsylvania justice is similar to that of a farmer leading his cattle to slaughter. The reach of justice is beyond belief, and only good voting will fix the problem.

Pennsylvania has a legal fishing net known as a dependency proceeding. This is an aberration of a process that lassos...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Been separated from my wife since 2020 Decided to get a divorce recently.

We got married in Texas where I was stationed. But we both live in Pa. So question is where would I file the divorce paperwork, in Pa or Texas?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The question is too vague. We are not told how long the asker's residency was in either state to determine whether either state has jurisdiction to hear the divorce action.

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Family Law for Pennsylvania on
Q: Hello, I am looking for a child custody attorney for my case. For child custody. montour county pa area thank you

Just want to hire an attorney for my child custody case and file contempt for the other parent doesn’t follow many of the court order. Thank you.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

Google dot com is a good place to start looking for a family law attorney. We here cannot refer ourselves out to individual askers. That would violate the user agreement here on this website.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: My ex lives in TX & filed for child support. I'm in PA. I received mail from Domestics.

I know she filed some time ago but I wasn't working at the time. I just started working recently. Post office left a pink slip for me to pick up and sign for mail from Domestic Relations. If I don't sign and it's returned undeliverable, what happens? The mailing address is one that... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

There are numerous and serious misunderstandings about what child support is and isn't. This response will be too brief to fully explain this conjecture. We will try as much as we can.

The first major misconception is that joblessness is no defense against child support. A prisoner...
View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I sue after divorce?

I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

Certainly not. There is no cause of action referred to as a post-divorce suit for damages. This means the time to plan for an economically successful marriage is before the marriage happens. We Americans appear to almost always choose the wrong marital partner, and we also place heavy emphasis that... View More

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: Is anyone able to answer please?

My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted 3-year protection to stay in our home, which is supposed to be owned by my husband after the divorce. However, his lawyer is pushing me for a divorce with unacceptable financial terms. Will... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

There is not enough information here to answer this question. Pennsylvania is an awful state to go to court in and especially in the case of family court, outcomes are never based on operative facts. Pennsylvania courts operate on assumptions and policies, and decisions precede the making of... View More

1 Answer | Asked in Criminal Law on
Q: During my trial my attorney didn't challenge conflicting testimonies from officers when both officers stated that they

Both activated the emergency lights at two different times. Also when the officer who wrote the police report testified that I was speeding around 50-70 mph with 70 being the top speed but his report stated I was doing 100+. Also during my motion to suppress hearing the officer testified that he... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

The contents of this narrative that seeks whether the asker can claim ineffective assistance of counsel leads us to say that no, the asker cannot succeed in such a claim. There is more than one reason why.

First and foremost, a plea negates an appeal where the asker can claim ineffective...
View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Family Law for New York on
Q: Family Court in Kings County, Brooklyn - adjourned but dates still on calendar - valid?

Family Court in Kings County, Brooklyn - our case was adjourned but we haven't chosen new dates yet with the clerk and opposing counsel. However, our previous dates are still on the docket. Are those dates valid?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

The asker must await the adjourned date which the court will provide in a scheduling notice. Otherwise, we here do not know of any "previous" dates on a calendar, and cannot comment on what the asker must do as to those dates.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

We here cannot second guess another lawyer's advice. If the asker was told by another lawyer that an enforcement petition was the way to catch up with payments under a new order, then that is the advice the asker got and should go with.

We here have no idea of the operative facts in...
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for New York on
Q: one parent moved out of state (New York) before the custody filing. How does this affect any custody arraignments?

How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.

The duration of the child's absence from a state makes all the difference to the success...
View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm in the process of going to court and asking permission to move out of state with my daughter.

What do I need to show that moving is in her best interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How does a judge know if crossmotions i was “served in hand” in court by opposing counsel, match the filings w/clerk?

I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me &not a shred of “evidence”(doesn’t exist).i reside in PA;... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.

This question highlights the naivety of the pro...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More

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.