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Questions Answered by Christopher N. Luhn

1 Answer | Asked in Divorce for New York on

Q: My husband filed for divorce on March 18, 2019 without my knowledge He serve me the papers April 16, 2019

We married in the state of Texas on April 1, 2013 and my eligible for his pension and alimony

Christopher N. Luhn answered on Apr 17, 2019

A lot depends on facts. I’d be happy to spend some time on the phone with you to explore your options. (518) 884-0000.

4 Answers | Asked in Traffic Tickets for New York on

Q: Is it legal to accelerate before the speed on a road changes so you're up to the higher speed by the time you pass the

sign?

Christopher N. Luhn answered on Dec 4, 2018

You are responsible for and expected to travel at the speed that is posted and that applies to the roadway you are on.

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1 Answer | Asked in Child Support for New York on

Q: I want to file child support for 2 children. Will their Medicaid insurance be affected? Fathers insurance is not good.

Fathers insurance is super expensive even though it’s through his employer and both my children have insurance through my Medicaid.

Christopher N. Luhn answered on Nov 16, 2018

The court will generally require a parent with available health insurance to carry the kids rather than burdening publicly supported benefits.

1 Answer | Asked in Family Law for New York on

Q: I have court Friday for an order of protection and the receipt is asking for the date to change is that allowed

Christopher N. Luhn answered on Sep 25, 2018

If you are asking whether the Respondent against whom you are seeking an order of protection (OP) can get an adjournment, the answer is "It depends". Has a court already issued an OP against the person seeking a postponement (adjournment)? The court will probably grant the request unless you... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on

Q: my 15 year old son was living with his dad, last week they got into a fight and he kicked him out. He is now living

with me, and his dad is refusing to give him his clothes/sneakers, we are in NY is this legal?

Christopher N. Luhn answered on Apr 11, 2018

Is there an existing Order (Family Court, or Supreme Court Judgment of Divorce) that gave dad primary custody? If so, you should bring a petition in Family Court to MODIFY an existing/previously issued Order (you'll need to attach a copy of the existing Order if you have it). If there is NO... Read more »

2 Answers | Asked in Traffic Tickets for New York on

Q: I got 2 traffic tickets in Alpine,New Jersey and I have a New York State drivers license will I get points?

Or will it just be a fine? I was going 97 in a 50 and I got one for being in the left passing lane. I’m only 18 I’m broke and I can’t afford a good lawyer so I just wanted to know how bad this is for me. This is also my very first any kind of traffic ticket/speeding

Christopher N. Luhn answered on Mar 13, 2018

Well, yes, you have a problem. First, I'm not sure how points are assessed in NJ, but in NY, 47-mph over the limit is an 11-point violation (which gets you the jackpot: automatic suspension of your driving privileges (the traveling in the wrong lane will add points, also). Second: NY and NJ... Read more »

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1 Answer | Asked in Family Law for New York on

Q: In a counterclaim filed in response to an allegation, some errors were made which ought to refute the claim.

Is there a time limit to the amendment. it was filed about two weeks ago and I had to read it over again to discover the error. Considering it might have reached the judge by now.

Christopher N. Luhn answered on Mar 5, 2018

I assume that you are saying that your lawyer made an error in the counterclaim. If that's the case, he/she should immediately draft, file and serve an Amended Answer and Counterclaim. His/her cover letter should also state that the error eas his/hers, and not you changing your story.

1 Answer | Asked in Child Support for New York on

Q: What form do I file to take my case before a new judge for child support?

The judge assumed my income and after presenting proof of income and tax returns. She said I have to go before a new judge to go over her ruling. What forms do I file? I have been doing this without public defender or attorney. I am being asked for 28.5% of my income for one child, not 17%.

Christopher N. Luhn answered on Feb 9, 2018

I'm guessing there are a few things missing from your narrative. First, please note that to the extent any of your descriptions or facts are related to GA proceedings, I am not licensed or admitted in GA. Next: in NY, Support Magistrates generally preside over support proceedings in Family Court... Read more »

1 Answer | Asked in Divorce for New York on

Q: Am I entitled to pay 58% of the net tuition amount minus any scholarship or financial assistance

My children live with their mother my ex wife, but we have joint visitation/custody.

My daughter in high school , she gets a 2000.00 discount as a financial tax break filed by my ex wife using her salary as the basis.

I pay 58% as per the divorce agreement of her tuition amount as... Read more »

Christopher N. Luhn answered on Jan 23, 2018

Not sure I understand the question. Discount on the tuition? Or, a tax deduction? If your ex-wife pays $6450 tuition after a discount of some sore, you'd pay 58% of that. I'd suggest you go back to your attorney and have him/her explain to you just what it is you agreed to in your separation... Read more »

1 Answer | Asked in Child Custody for New York on

Q: mother left home with children and files for child support. how can i get custody of my children

Christopher N. Luhn answered on Jan 7, 2018

Where are you located? Where’s mom now? File a custody petition.

1 Answer | Asked in Child Custody for New York on

Q: Does an unmarried father of a child listed on the birth certificate and living with the child have legal rights

If he and the mother part. He is currently living with the mother and child and had been for all the years of the child's life

Christopher N. Luhn answered on Nov 27, 2017

Yes, the father has the right to shared access (that is, e.g., custody, visitation, parenting time, possibly child support and, absent extraordinary circumstances, the right to joint legal custody). A significant issue suggested by your location(s) is jurisdiction and venue. If you reside in... Read more »

1 Answer | Asked in Child Support for New York on

Q: I am a non-custodial parent paying child support in NY. The child is in jail. Do I still have to pay his mom support?

The child is 17 & has been living with his grandparents for about 6 months, but I have continued paying support to the mother. He quit school, got into trouble and he is now incarcerated for the 2nd time in that 6 months.

Christopher N. Luhn answered on Nov 10, 2017

You should not unilaterally stop payments. File a petition for modification citing the significant change in circumstances.

1 Answer | Asked in Family Law for New York on

Q: Can a law guardian give permission for a parent to pick up their child from school against a court order?

We have custody, other parent is petitioning for custody and only has visitation every other weekend. Per the court order we have now picking up the child from school is out of her scheduled visitation. The law guardian office has not notified us of this either, it is coming from the other parent.

Christopher N. Luhn answered on Oct 9, 2017

In a word, "no". An Attorney for the Child (formerly known as a "law guardian" in the context of Family Court cases) cannot overrule a judge's Order. Period.

2 Answers | Asked in Family Law and Estate Planning for New York on

Q: Mother left life insurance to father. Father passed. No admin granted b/c siblings fighting and wont agree to admin.

father's estate in foreclosure. How to claim the life insurance? No one wants to be admin with foreclosure?

Christopher N. Luhn answered on Aug 30, 2017

This is not a Family Law issue. You should post it to Probate.

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2 Answers | Asked in Family Law for New York on

Q: My 13 year old daughter does not want anything to do with her father.

I have a 13 year old who have witness fights and arguments that me and her father has, as well as him having a baby by another women. So, when it comes time for her father to discipline her she does not listen to him, so when he decides to yell at her to do what she has to do it becomes a problem... Read more »

Christopher N. Luhn answered on Aug 17, 2017

The court will consider her wishes. That said, 13 is a bit young for a child to be the tail that wags the dog, especially if dad wants to "fix" the relationship.

Is there a present Order of custody/visitation/access? If there is, any change would have to be addressed by the court when...
Read more »

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1 Answer | Asked in Child Support for New York on

Q: if I live in NY and my son lives in OH with his bio mom, do I follow OH child support laws or NY?

The custody paperwork doesn't mention anything about child support. I give her an amount we agreed upon monthly.

Christopher N. Luhn answered on Jul 25, 2017

It depends -- First, what "custody paperwork" are you referring to? If there is an existing Order of Custody, and it is from a court in one state or the other (NY or OH), it may provide some guidance as to whether that court retained jurisdiction, and whether that jurisdiction extends to support... Read more »

3 Answers | Asked in Divorce for New York on

Q: I have been married for 34 years and my husband is a gambler. Lately I found that he has been withdrawing from his 401k

If i file for a legal separation until I am ready to divorce will this put a financial hold on his 401k?

Christopher N. Luhn answered on Jul 25, 2017

Without more (e.g., a court order obtained through an order to show cause), no. If you file a matrimonial action (Action for Divorce), even by Summons with Notice, your attorney should include New York's "automatic orders" that will subject your husband to contempt charges if he violates them by... Read more »

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2 Answers | Asked in Traffic Tickets for Virginia on

Q: NY driver in VA for one day. Speeding at 53 in 35mph zone. Is it worth having a lawyer to fight the ticket?

Christopher N. Luhn answered on Jul 25, 2017

Your question is best addressed by an experienced traffic violations attorney in the area where the ticket was issued. If VA is like NY, your past driving record will be important, so you should be prepared to disclose your driving record to the VA attorney(s) you consult with. (You can get a copy... Read more »

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1 Answer | Asked in Traffic Tickets for New York on

Q: Never had problems with the law or had any tickets in the past. Got a hit and run ticket no big damages just scratch

Just scratches on the car.

Never had problems with the law, no tickets ever received

The police told me nothing bad for me will happen.

Its a first time experience.

Am I in trouble.

Will I have any bigger problems

I was way too scared and thats why I... Read more »

Christopher N. Luhn answered on Jul 19, 2017

You were probably charged with leaving the scene of a crash (I never use the word "accident") that involved property damage. You should consult an experienced Vehicle and Traffic Law attorney who, most likely, with be able to get you a plea offer of a non-moving violation (e.g., violation of... Read more »

2 Answers | Asked in Child Custody for New York on

Q: If my in laws had temporary custody of my child would I get something in writing

I missed my court date due to the fact I had another court date for the same day

Christopher N. Luhn answered on Jul 19, 2017

Not sure what your underlying facts are. If you were supposed to appear in family Court but did not, and the issue to be determined was custody, it is possible that the court might award temporary physical custody to a responsible relative, rather than having the child placed in foster care. If the... Read more »

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