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Questions Answered by Michael Francis Barrett
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... View 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... View 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... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will I ever be able to get a loan again if I file for bankruptcy?
Michael Francis Barrett
Michael Francis Barrett
answered on Sep 6, 2017

Whether you can get a loan will depend on the type of loan you are looking for, and the efforts you make post-bankruptcy to rebuild your credit. Many bankruptcy filers are able to obtain credit cards, car (and even home) loans after filing, but it really depends on your individual situation as to... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am $26,000~ in debt and make $33,280 a year for income. Am I eligible for Chapter 7 bankruptcy?

I have a severe mental illness and currently taking therapy for it (and medication). Impulsiveness is a major symptom of this disorder and is the direct cause of my debt.

I am currently in both a debt settlement and a debt management program but the monthly payments are draining me... View More

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

You are likely eligible to file, but only after a full evaluation of your situation by an experienced bankruptcy attorney in your area can you know for sure.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I forgot to file the second round of debt counseling paperwork.

I filed bankruptcy pro se. I forgot to file the paperwork stating that I completed the second round of bankruptcy counseling. What can I do to keep my case from being dismissed?

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

If your case has not been dismissed yet, you should file the papers immediately. Otherwise, you will probably need a motion to allow the late filing. The procedure may depend on the local practice of your district. You may need to contact a local bankruptcy attorney for assistance.

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