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New York Divorce Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I'm disabled and can't get to a court to file separation or divorce papers. What can I do to file
Howard E. Knispel
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Howard E. Knispel
answered on May 11, 2023

Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.

1 Answer | Asked in Divorce for New York on
Q: Hi! I would love to know how I can find pro bono divorce lawyers in NY. Thank you!
Tim Akpinar
Tim Akpinar
answered on May 20, 2023

This is something that the divorce and family law attorneys here would know best, but your question remains open for three weeks. Until you're able to consult with attorneys who are knowledgeable in this area of law, here is a page to Justia's resources, located at a different part of... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Looking into how to get a divorce in Columbia county New York when I have no income.

I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al

2 Answers | Asked in Divorce for New York on
Q: What can be done about ex-wife not changing name back to maidan name?

Its in the divorce agreement and its been almost 3 years since the divorce has been finalized.

Howard E. Knispel
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Howard E. Knispel
answered on Apr 24, 2023

Absolutely nothing. A spouse MAY resume their prior name but there is no requirement they do so.

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1 Answer | Asked in Divorce for New York on
Q: My ex husband stopped paying my spousal support, my health insurance policy and reduced his life insurance, what can I d

He has been withholding payments for a couple of years. My children get financial aid for college because I don’t have an income, but I am responsible for room and board, he found my eldest a one bed apartment because he knew I was solely responsible for board and food. I was forced to move back... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2023

Much depends on the wording of your divorce. Spousal support ends on a date certain as spelled out in the divorce. Child support ends at 21 or upon emancipation. If he is in violation then a court case in Family Court should not cost the numbers you are being quoted. What county is this in?... View More

1 Answer | Asked in Divorce for New York on
Q: Me and my wife are separated and I see kids on my day off. Without a court order can she refuse to let me take them?

My youngest has a fever and she says he can’t leave the house.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 16, 2023

Without a court order your rights are not spelled out. You need to go to court for an order. Soeak to a lawyer.

1 Answer | Asked in Child Support and Divorce for New York on
Q: If I pay child support by mutual agreement not through court. Does that money count towards mortgage etc

Is she entitled to credit for mortgage/tax payments that she made for the 4 years I moved out if I’m paying monthly child support.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 12, 2023

Child Support and mortgage payments are not related unless a court order specifically says so.

1 Answer | Asked in Divorce and Family Law for New York on
Q: I am in NY. My husband filed and served me divorce papers. I do not want the divorce and therefore don’t want to sign.

He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 21, 2023

You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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1 Answer | Asked in Divorce for New York on
Q: My husband sent me divorce papers I signed them. Do I have to go to court with him for this to be ended?

He sent me the papers. I signed them. He states for this to be done I have to go to court alongside him which I don’t want I go or see him Can he just pick up the papers from my son and take them himself ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

you say he sent you papers that you signed, however without knowing more about the papers, what they were, etc, your question cannot be answered here. If you have a copy of the papers, take them to a lawyer for review so you know what if anything you have to do.

1 Answer | Asked in Divorce for New York on
Q: What is name of official divorce form i need to start collecting a pension. The company is not excepting my divorce docu

I have judgement of divorce which company isnt excepting so i can collect my pension as single

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

What you need is a QDRO (qualified domestic relations order) signed by the judge AFTER the language has been approved by the retirement plan. See a lawyer to get help with this as it should have been done at the time of the divorce.

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: I am in an abusive marriage with two little kids and no financial means to pay a retainer, I need help and advice, thank

I need a protective order and divorce help please

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Feb 26, 2023

If you are in immediate danger call 911

The National Domestic Violence Hotline is 800-799-7233

Safe Horizon contact is 1-800-621-HOPE (4673)

There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)

212-400-6470...
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1 Answer | Asked in Divorce for New York on
Q: I’m married 35 years husband out of house 2 years living in NJ with a 30 year old who is married got her pregnant ,

Has not paid my Morgage or giving a dime . Has a company he has not paid taxes on in 20 years cashed checks with a Ein # not legal what do I do

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 20, 2023

You should see a divorce lawyer. Depending on your respective income there can be an award of spousal support.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2023

Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More

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2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 1, 2023

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, how often and under what circumstances can a child support be modified?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More

David Ivan Bliven
David Ivan Bliven
answered on Jan 27, 2023

The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... View More

3 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: In New York, how often and under what circumstances can you modify a child support order?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2023

Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.

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1 Answer | Asked in Divorce for New York on
Q: How do I enforce a divorce decree against a POA who stopped sending alimony payments when an ex spouse fell ill.

They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 24, 2023

You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.

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