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Questions Answered by Michael Francis Barrett
1 Answer | Asked in Uncategorized for New York on
Q: Hi I'm looking into closing or transferring money from my ex husbands 403B. Need expert advice please.

Was married 9 years while the 403B was collecting. Was told I needed a lawyer to begin the process.

Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

Assuming your judgment of divorce or settlement agreement awards you a share of the 403(b) account, you will likely need a Qualified Domestic Relations Order (QDRO) to receive your funds. Seek out an attorney in your local area who handles QDROs.

1 Answer | Asked in Municipal Law for New York on
Q: How can I find out if a lawyer is licenced in New York State
Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

Visit the New York State Unified Court System website, and search the attorney directory.

3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

If the 401(k) is a marital asset to be divided, the loan balance could be taken into account when dividing the 401(k) (so as to reduce your spouse's share of the 401(k)).

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1 Answer | Asked in Bankruptcy and Consumer Law on
Q: Can my mom be sued on a CC bill?

My mom has gotten deeply indebted to Discover CC mostly by them tacking on about $500.00 a month in interest. She is 80 years old and on social security. She has paid them thousands and thousands trying to get this paid for years. They just keep tacking on the interest and have driven up the total... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Oct 18, 2017

She can be sued, the question will be whether the creditor will be able to collect anything from her. That will depend largely on what assets she has, and her state's laws. Consider seeing an attorney to determine whether she can be considered "judgment proof".

1 Answer | Asked in Divorce for New York on
Q: Am I supposed to be legally separated for a year before I can get a divorce from my husband?
Michael Francis Barrett
Michael Francis Barrett answered on Sep 29, 2017

No, while that is one of the grounds for divorce, nearly all divorces now proceed under the so-called "no-fault" ground of the irretrievable breakdown of the marriage over the past 6 months. You do not need to first get a separation to begin the divorce process.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I make payments on my girlfriends truck out of my account.

Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?

Michael Francis Barrett
Michael Francis Barrett answered on Sep 22, 2017

Unless you made an agreement regarding those payments with your ex, and you can prove it, you likely won't have any claim.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Husband and I are looking to file ch7 in IL. Is there repercussion if we use one of our $0 balance credit cards now?

If we are going to file, does it matter if we have to use a card with no balance to make purchases prior to filing? Do they look at what/where things were purchased recently?

For instance, if someone were to go out and purchase a brand new computer on a credit card a day before they file... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Sep 22, 2017

If you make a purchase with no intent to repay it, the creditor can make a case against you for fraud. In the bankruptcy context, this means that the creditor may be able to have that debt declared nondischargeable, or you could be denied your discharge entirely.

1 Answer | Asked in Child Support for New York on
Q: In New York is a divorced parent legally required to continue paying child support for an adult disabled child?

In New York is a divorced parent legally required to continue paying child support for an adult disabled child (autistic and unable to care for himself) ?

The child turns 18 this year and he lives with his mother who was legally granted guardianship.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 20, 2017

Child support in New York State continues through age 21, unless it can be shown that the child is emancipated. Clearly, emancipation is not a factor in your situation. Unless you signed an agreement that provides otherwise, your child support obligation will continue until he turns 21.

1 Answer | Asked in Family Law, Health Care Law, Social Security and Estate Planning for New York on
Q: I am looking for a Power of attorney wherein my husband doesn't have to sign or have any knowledge

It has to be for New York State and it has to be for anything and everything that has his name on it. You, see, he has a pension and some inheritance that my name is not on it.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 20, 2017

You cannot obtain a power of attorney on someone without their knowledge.

1 Answer | Asked in Bankruptcy for Ohio on
Q: How much to retain atty for bankruptcy

I own zero property and cars dbt is 20year old bout 15000

Michael Francis Barrett
Michael Francis Barrett answered on Sep 15, 2017

The costs of bankruptcy vary, even in a specific geographic area. You should contact bankruptcy attorneys in your area to request an estimate of their fees. You can use the "Find a Lawyer" tab on this site, or you can search on the NACBA (National Association of Consumer Bankruptcy Attorneys)... Read more »

1 Answer | Asked in Bankruptcy for Kansas on
Q: Should I file for bankruptcy before or after getting an apartment?

After our house sells, my wife and I will be divorcing. I have to obviously get an apartment, but I will have to file bankruptcy most likely after we split. A lot of debt that causes me to live paycheck to paycheck as it is now with 2 incomes. My questions are should I file before or after getting... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Sep 15, 2017

Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can I file bankruptcy on loans made to me from a Finance Company? I think its around $15,000. Or go with debt cons?

I have a few Finance company loans with outrageous interest I need help deciding between bankruptcy or consolidating?? I have 1 income 4 kids I work full time and bring home around $700 weekly. I do have a car payment I wouldn't want to put that in with the bankruptcy or debt cons. If I filed... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Sep 15, 2017

The best way to resolve your confusion is to make an appointment with an experienced bankruptcy lawyer in your area. Many bankruptcy lawyers offer free consultations. Bankruptcy does not ruin you financially for life, many individuals who file are able to reestablish their credit relatively... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: My ex recently gave up the two boys she gave them to me how do I go about getting the support stopped

They've been living with me on September 10th of 2017 there are already registered for school they start at school September 11th of 2017

Michael Francis Barrett
Michael Francis Barrett answered on Sep 14, 2017

You should file a support modification petition in the Family Court, the sooner the better. Forms should be available at the court, and also online at the New York State Unified Court System website. You probably want to file a custody/visitation modification petition as well.

1 Answer | Asked in Child Support for New York on
Q: At what age can I stop paying for child support in NYC.

I am the non-custodial father with visitation rights. Girls live with my ex, their mother.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 8, 2017

Child support in New York State terminates at age 21, unless extended by agreement. Support could terminate earlier if you can show to the court that the child is emancipated.

1 Answer | Asked in Child Support for New York on
Q: NYC man have custody of my daughter for 12 years. Never asked for child support Can I receive back pay
Michael Francis Barrett
Michael Francis Barrett answered on Sep 8, 2017

No, the earliest date you are entitled to support from is the date you file a petition in the Family Court for child support.

1 Answer | Asked in Divorce for New York on
Q: Am I entitled to a jury trial, for a NY divorce case which will include matters of equitable distribution.

I filed a motion to preclude which was denied without prejudice. I filed an order to show cause for contempt, focusing on the Plaintiffs disregard for automatic orders, specifically failure to comply with discovery, and hiding comingled money. Per the courts public record, the Judge issued a... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Sep 8, 2017

There is no right to a jury trial in New York for divorce, except for the limited issue of the grounds for divorce, and even that is in question now that the primary ground for divorce is the irretrievable breakdown of the marriage (no-fault).

1 Answer | Asked in Civil Rights for New York on
Q: Changing religion without knowledge

Hi

One of my Christian friends lied to me that she wants to pray for me then she asked me to repeat some words and asked me if i want to be God's daughter and i thought it's a part of pray and accepted. Also English is my second language. Then I've realized it's a pray for becoming... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Sep 8, 2017

There is no legal issue here. You decide what your religion is, no one can trick you into changing that. Perhaps you want to reconsider that friendship, but this isn't a personal advice column.

1 Answer | Asked in Bankruptcy for Maryland on
Q: Will all of my debts be discharged if I file for bankruptcy?
Michael Francis Barrett
Michael Francis Barrett answered on Sep 6, 2017

Possibly, it depends on the type of debts that you have, and could also depend on when you incurred them. An experienced bankruptcy attorney in your area can review your debts with you to determine which debts can be discharged in bankruptcy.

1 Answer | Asked in Bankruptcy and Tax Law for Maryland on
Q: Can my wife put an IRS tax debt from 2012 on our 2017 bankruptcy? She filed the return on time that year.

She also has a MD state tax debt as well.

Michael Francis Barrett
Michael Francis Barrett answered on Sep 6, 2017

Potentially yes, but this can be complex as there are more factors involved than what you included. You should see an experienced bankruptcy attorney in your area. You may need to obtain the tax transcripts for any years that taxes are owed for your attorney to analyze it.

1 Answer | Asked in Bankruptcy for Missouri on
Q: Can I file for bankruptcy without hiring an attorney? What are the biggest risks?
Michael Francis Barrett
Michael Francis Barrett answered on Sep 6, 2017

As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully... Read more »

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