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Questions Answered by Christopher N. Luhn
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 left the scene

Christopher N. Luhn
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.,... View 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
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... View More

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2 Answers | Asked in Child Support for New York on
Q: My ex is taking me back to support court asking for more child support. Iam paying 25$ a mnth I receive disability.

I am married with three other children. My wife is sick and cannot work we receive help for social services. I always pay 75 in back child support as well. What can I do to prevent having to pay more. I cannot afford to. We are struggling now as it is

Christopher N. Luhn
Christopher N. Luhn
answered on Jul 17, 2017

If there is an existing order of support that requires you to pay $25 + arrearages, I'm assuming she has filed a petition to modify the previous order. To succeed, she must prove that there has been a substantial change in circumstances that warrants re-calculating the CSSA formula. Both of... View More

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3 Answers | Asked in Personal Injury for New York on
Q: is it worth filing a civil personal injuries complaint against someone if you already know he doesn´t have the money?
Christopher N. Luhn
Christopher N. Luhn
answered on Jul 9, 2017

Whether "he has the money" is often besides the point. The questions, in this order, are: Were you injured?; Whose fault was it (or, what was the cause of your injury)?; What are your damages (depending on the severity of the injury, and the duration of any disability, for example)?;... View More

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2 Answers | Asked in Family Law for New York on
Q: My girlfriend and i have a 2 year old she is kicking me out cause i found out she fell in love with soneone in prison.

My girlfriend is kicking me out cause i found she is in love with someome in prison. She has been lying to me about it. She told the guy i beat her and the kids and i have never put my hands on any of them. Can she kick me out

Christopher N. Luhn
Christopher N. Luhn
answered on Jul 8, 2017

Depends. If you rent, whose name(s) is on the lease? If hers, she can evict you.

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2 Answers | Asked in Traffic Tickets for New York on
Q: My son received a ticket for expired inspection in my car. Does he have to attend the Pretrial conference?

Can I handle the ticket without him, or do I need to schedule a conference when he is home from college?

Christopher N. Luhn
Christopher N. Luhn
answered on Jul 5, 2017

The charge of operating a vehicle with an expired inspection was issued to your son as the driver. However, as far as the DMV is concerned, you as the owner/registered owner, are the one with the legs responsibility to keep the inspection current. I suggest you call the Court and find out whether... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: How can we (children's aunt/uncle) get full custody without going through a lawyer we can't afford?

We live in TN they live in NY. The parents have years of domestic violence, drug/alcohol abuse, selling food stamps to support habits, along with other unsafe living conditions for children to grow up in. My husband (the children's biological uncle from their father) and I have had voluntary... View More

Christopher N. Luhn
Christopher N. Luhn
answered on Jun 5, 2017

First: Any custody proceeding you bring will have to be brought in New York. Taking the kids from their biological parents is a heavy lift, and the burden of showing that the children are at risk where they are, AND that it would be in their best interests to live with you, will be difficult,... View More

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2 Answers | Asked in Child Support for New York on
Q: If the amount of child support decided by the court will cause the noncustodial parent to impossibly pay his existing

debts can the noncustodial parent appeal to lower the amount?

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 24, 2017

You absolutely can appeal a decision issued by a support magistrate. The big question is: CAN you still file an appeal (you have up to 35 days to appeal, after that, you are probably out-of-luck, at least on this round).

Upending an Order of Support requires a showing of a substantial...
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3 Answers | Asked in Child Custody for New York on
Q: As of right now we have temporary custody but we think were just not the right fit, what will happen when we withdraw?

We do not wish to pursue full physical custody. Her grandmother had custody but cps took her away so we filed for custody but now theres alot going on in court and our wishes are not being met. We do not want to pursue custody anymore but, we are concerned about what will happen with the child when... View More

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 24, 2017

"Withdraw" what, or from what? Withdraw a petition? You need to be more specific.

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2 Answers | Asked in Child Custody for New York on
Q: Can a custody be taken away from a parent after over 8 years of being given the custody to the child.

I know a parent, the biological parent. That petitioned over 8 years ago for the custody of the child. Was given full custody to the child. In which the parent has held, maintained, devoted and cared for this child and custody to the highest level of care and devotion. Has done nothing at all wrong... View More

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 19, 2017

If the "parent" filed a petition for custody, the other party was properly served with notice of the proceeding, and assuming the case was not dismissed or otherwise barred, one can assume that the case was disposed of with an order. The most likely way of changing that Order would be... View More

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2 Answers | Asked in Traffic Tickets for New York on
Q: I received a speeding ticket in Virginia, hopewell office for driving 85 in a 70 zone. I have a perfect driving record,

Perfect driving record from New York. Will I receive points on my license.? The fine is $251. Should I write a letter asking for a reduction?

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 19, 2017

Most states (especially those in the "lower 48") have reciprocal arrangements regarding traffic infractions (called the Driver's License Compact, or DLC). New York, itself, has some peculiar enforcement rules that vary depending on where you got your ticket for speeding. I cannot... View More

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2 Answers | Asked in Child Custody for New York on
Q: I'm I correct that a non-biological parent (known as dad) has standing to petition the mother (his ex) for visitation?

The mother dated the petitioner, who provided support, from the time the child was 2 until recently (the child is now 9). The biological father is not with the mother, is not on the birth certificate and did not sign an affidavit of paternity; the mother has full legal and physical custody. Mother... View More

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 17, 2017

A great deal depends on your jurisdiction but, in New York, a non-biologically related "significant other" that has developed a meaningful and nurturing relationship with a child can petition for access (a/k/a visitation, phone/"FaceTime" or "Skype" contact). The... View More

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3 Answers | Asked in Family Law for New York on
Q: House was purchased during marriage. Deed and mortgage only in wifes name. Down payment was a gift to the wife.

Husband has a history of job instability. Wife is main and at times only source of income. Husbands habits have caused debt.Is husband entitled to home and her pension if they divorce

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 14, 2017

By law in NY, assets acquired during the course of a marriage are presumptively "marital assets". The person or persons in whose name(s) the deed is held does not determine equitable ownership. There are exceptions or factors that can become relevant, such as: the source of funds used... View More

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1 Answer | Asked in Child Custody and Child Support for New York on
Q: First,How do I know if my child of 19 is going to college?

Courts stated child support must continue because child will be attending college.

First,How do I know if my child of 19 is going to college?

Second, I just read an article stating that Gov. Cuomo has a program in NYS that will provide free college education.

Third , Can... View More

Christopher N. Luhn
Christopher N. Luhn
answered on Apr 11, 2017

If you have joint legal custody, you're entitled to know all details of important life activities, including whether he's going to be attending college, where he'll attend, et. Try asking him.

2 Answers | Asked in Child Custody for New York on
Q: I have sole physical custody. Do I get to plan summer camps without the input of the non custodial parent

the hours of camp are during work hours and not during his visitation.

Christopher N. Luhn
Christopher N. Luhn
answered on Mar 31, 2017

The first part of your statement/question is muddled by the second part. As you may be aware, "custody" is generally a "two-pronged" affair. (1) Physical custody refers to where and with which parent the child or children reside and/or the time spent with one parent or the... View More

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2 Answers | Asked in Divorce for New York on
Q: if my wife abandoned me 14 years ago with no corresponding how can i get a divorce. ive tried to find her
Christopher N. Luhn
Christopher N. Luhn
answered on Mar 24, 2017

This can be a problem, but is not without a remedy. You can begin an action by filing a Summons with Notice (with New York's "Automatic Orders" included) with the clerk in your county of residence, and the purchase of an index number ($210). Either after or before, you can also... View More

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1 Answer | Asked in Divorce and Child Custody for New York on
Q: who gets to claim the child deduction when there is joint custody?

I was awarded joint custody of my daughter and for the last three years my ex girlfriend has claimed the deduction for child credit. What can I do to make sure this deduction is fair to both of us.

Christopher N. Luhn
Christopher N. Luhn
answered on Mar 21, 2017

As a general rule, the primary physical custodian of the child gets the tax deduction and/or tax credit. That is to say, the parent with whom the child or children live the majority of the time in any given year. That said, parents often are able to come to a mutually beneficial and amicable... View More

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