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Questions Answered by Michael J Stachowski
2 Answers | Asked in Child Custody and Family Law for New York on
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate

She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.

Michael J Stachowski
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answered on Jan 29, 2024

With the facts as you state them, you need blood tests as a threshold . You must first prove you are the father. A DNA test of mother, father, and child will reveal positively your Paternity of the Child. Once the paternity is established you have standing to petition for Custody. You will have... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: If child support isn’t court ordered , does it have to be paid ?

My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More

Michael J Stachowski
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answered on Jan 15, 2024

That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More

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3 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: following the exaction of this agreement means?

Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More

Michael J Stachowski
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answered on Jan 15, 2024

The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Michael J Stachowski
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answered on Dec 16, 2023

This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?

Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the... View More

Michael J Stachowski
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answered on Dec 16, 2023

This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to... View More

1 Answer | Asked in Criminal Law for New York on
Q: I was arrested for Petit Larceny, 155.25. This is first offense. Walmart said I stole 108.00 worth.

I was given an appearance court date of December 15th. Should I plead quilty and what can they do?

Michael J Stachowski
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answered on Dec 3, 2022

No you should not. You should plead not guilty and get a criminal lawyer. It is a crime In most first offense shoplifting cases an experienced criminal defense lawyer can obtain a non criminal resolution. Contact a lawyer now he can be at arraignment and walk you through the process. I have... View More

1 Answer | Asked in Divorce and Small Claims for New York on
Q: My divorce attorney who I fired because he never reached a settlement is now over a year later wants $8000.

I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.

Michael J Stachowski
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answered on Jul 5, 2022

File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... View More

4 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

Michael J Stachowski
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answered on Jul 11, 2021

This is both a conflict of laws and jurisdictional question. You must look at residency. Florida seems to be the obvious. For New York you must have residency for more than one year. It’s residency in a jurisdiction which give rise to jurisdiction over the marriage. In New York you have... View More

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1 Answer | Asked in Criminal Law for New York on
Q: What would the charge be for flicking a knife out during an argument with someone. There was no physical contact.
Michael J Stachowski
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answered on Apr 18, 2021

The likely charge would be felony level Menacing. Threatening a person with a deadly weapon. If it was used it would be assault first or second. In any event it is serious

1 Answer | Asked in Criminal Law and Securities Law for New York on
Q: Can i carry a 4" blade pocket knife in public if i have a felony in New York State?
Michael J Stachowski
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answered on Dec 28, 2020

Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... View More

1 Answer | Asked in Child Custody for New York on
Q: what can i do if my ex is denying me my requested vacation time with my children according to our custody agreement?

i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the... View More

Michael J Stachowski
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answered on Dec 5, 2020

He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no... View More

3 Answers | Asked in Divorce for New York on
Q: How long after I file for divorce using a lawyer, will my spouse get served ?
Michael J Stachowski
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answered on Oct 9, 2020

From the time of filing to the time of service can be days. Process servers are very good and find the defendants quickly

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3 Answers | Asked in Criminal Law for New York on
Q: Can I got to jail for my 1st gun possession in New York.
Michael J Stachowski
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answered on Sep 14, 2020

Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... View More

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2 Answers | Asked in Criminal Law for New York on
Q: Can a person commit a hate crime on Craigslist

A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that

Michael J Stachowski
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answered on Aug 28, 2020

That is an outrageous statement but it probably would not qualify as a hate crime. Since it is published on a media platform It could be libel because of the defamatory nature of the words

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: I am filing for full custody of my child will the father still have to pay child support

The father has an active stay away child endangerment charge and there is an open domestic violence case

Michael J Stachowski
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answered on Aug 23, 2020

Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... View More

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2 Answers | Asked in Criminal Law for New York on
Q: When a motion is filed where and whom shall it be sent too? The court? Or DA i dont kno where to send it after filing.

Its a 180.80 motion

Michael J Stachowski
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answered on Aug 13, 2020

It must be sent to the court and to the District attorney. Felony hearings and 180.80 time periods have been extended during court shut down. You can do your motion but local criminal courts are just starting to resume. September is goal for all local courts to resume .

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1 Answer | Asked in Criminal Law for New York on
Q: I have a misdemeanor bench warrant for bail jumping If I surrender how much jail time

I paid the bail in full.

Charges : damage property and 2 trespassing

The charges were filed on Oct 2018

Michael J Stachowski
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answered on Aug 8, 2020

It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... View More

3 Answers | Asked in Divorce for New York on
Q: Married husband in ‘18. Broke up and havent talked since. Trying to get divorced. He is living here but no papers

Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not... View More

Michael J Stachowski
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answered on Aug 7, 2020

In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense... View More

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3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael J Stachowski
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answered on Aug 1, 2020

Under both New York and Federal Law a telephone call can be recorded so long as one party to the call consents. That means you could place a call and record the other party .

You cant set up a device which records conversation with two or more people none of whom consented or where the...
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3 Answers | Asked in Divorce, Family Law and Landlord - Tenant for New York on
Q: How do I find out if I"m divorced?

I was ousted from my apt by my daughter,separated from my husband then served with divorce papers. I

I don't want divorce don't believe he wants one either.It was initiated by my daughter What should I do?

Michael J Stachowski
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answered on Jul 21, 2020

You can contest grounds by putting in an answer. your husband and you would appear with your lawyers at a preliminary conference and there without your daughters presence you can confront husband with whether he desires a divorce.

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