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New York Divorce Questions & Answers

1 Answer | Asked in Child Support and Divorce for New York on

Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?

He stopped paying when the son was 18 y o.

Lawrence Allen Weinreich answered on Aug 20, 2019

The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.

1 Answer | Asked in Divorce for New York on

Q: my ex-wife has refused to send me the finalized divorce papers. How do I find out if my divorce has been finalized?

Lawrence Allen Weinreich answered on Aug 18, 2019

You can ask your attorney or you can call the county clerk and ask. If it has been finalized, you can send a check to the county clerk and they will send you a copy of the papers. Be sure to ask how much to send as the charge is $1 per page.

4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on

Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

Lawrence Allen Weinreich answered on Aug 16, 2019

Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or... Read more »

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

Q: I have a finalized divorced from Bronx County Court, may I move to NJ without going through court?

I am the custodial parent and child resides with me and has resided with me since separation. House address is 17 miles away.

Lawrence Allen Weinreich answered on Aug 8, 2019

The answer to that question depends on what your Judgment of Divorce says and what is in your Stipulation of Settlement. Most often there is a radius clause in agreements that specify how far you can move. In most cases, this precludes a move to another state. The best way to be sure that you... Read more »

1 Answer | Asked in Divorce for New York on

Q: I've been married 30 years. my wife packed up to leave me & move to Puerto Rico.

She abandoned me gone 5 years, I do not have small children. Now she wants a divorce. If she files out there do I have to fly out there if I decided to contest it? or does she have to come to New York if I file

Lawrence Allen Weinreich answered on Aug 7, 2019

Whoever files first will have jurisdiction in that place.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on

Q: Per divorce decree, parents agreed to cover child's college expenses, including room/board.

If one of the parents later refuses to cover the agreed pro rata share of child's college costs, what legal recourse is available to the paying parent? Will the courts uphold the agreement that was ordered and adjudged per the divorce decree?

Lawrence Allen Weinreich answered on Aug 6, 2019

The parent has to bring on an enforcement/contempt action either by petition in Family Court of by Order to Show Cause in the Supreme Court. Either court will uphold the agreement.

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1 Answer | Asked in Divorce for New York on

Q: If i live in NY and got married in RI. Which state do i get a divorce lawyer from?

Lawrence Allen Weinreich answered on Jul 30, 2019

If you have lived here for 2 years you get a NY lawyer.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on

Q: Legally separated and ex isn't paying child support or maintenance.

I have custody and placement of our two sons. Ex is living in the marital house, which has a value of over $100k and has no mortgage or home equity loans. My ex is not paying any support or maintenance which is stated in the separation agreement. He is nearly $20,000 in arrears. Is there a way... Read more »

Lawrence Allen Weinreich answered on Jul 26, 2019

Without reading the separation agreement it is impossible to give you an accurate answer. You can bring an action against your ex for the past due support. The best thing going forward is to go to Family Court and file a petition for child support and spousal support and have that paid through... Read more »

1 Answer | Asked in Divorce for New York on

Q: Using eTrack to check status of uncontested divorce the case detail shows NOI filed w/o date. What does this mean?

The case status of my uncontested divorce is active. There is a date for the RJI filed and a date in the future for date NOI is due when looking at the Web Civil Service Case Detail. I submitted the NOI. Is there something else I need to do since there is no date for the section NOI filed? Or does... Read more »

Charles Oliver Wolff answered on Jul 22, 2019

It should have been dated by the clerk upon reception. Do you have a time-stamped copy? If not, why not? Contact the county clerk's office and ask for clarification.

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

Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »

Lawrence Allen Weinreich answered on Jul 21, 2019

Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

2 Answers | Asked in Divorce for New York on

Q: Two post divorce questions on housing and child support from a recently divorced dad

1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the... Read more »

Lawrence Allen Weinreich answered on Jul 19, 2019

If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living.

In regard to a change of "child support", since...
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1 Answer | Asked in Divorce for New York on

Q: Can my deceased exes new wife clean my child on her taxes?

My ex passed away in 4/2015. As per the divorce decree he could claim my middle child on his taxes. When I went to file my taxes I found out his new wife had claimed my daughter on his behalf. She had filed jointly/married for him. My ex did not support my children after he was deceased - Child... Read more »

Lawrence Allen Weinreich answered on Jul 3, 2019

Unfortunately, she can claim them for the year that your ex was still alive pre your divorce decree. However, going forward, she cannot claim the children on her taxes.

1 Answer | Asked in Divorce for New York on

Q: If divorce judgment was for EEC/ED to be paid post tax $5,000 per month with 9% interest until paid off, can i prepay?

The judgment does NOT include language that you can prepay at any time without any penalties. I have been paying for 5 years. If I continue to pay the $5,000 per month, not only will it take 40 more years to complete, but my ex wife will have received a few million dollars over the initial amount... Read more »

Nina Mironenko answered on Jun 17, 2019

Your Stipulation of Settlement, or Decision and Order (if you had a trial on this issue) should include language that you can prepay at any time without any penalties. Even if they do not, contain this language, you can tender payment in full. If your ex wife refuses to accept the pre payment,... Read more »

1 Answer | Asked in Divorce for New York on

Q: Judges decision and order did not factor in any of defendants payments towards plaintiff claim

Lawrence Allen Weinreich answered on Jun 11, 2019

You have not supplied enough information to give an answer.

1 Answer | Asked in Divorce for New York on

Q: Is there a way to appeal my divorce decree?

I divorced 3 years ago (wife was cheating on me). I was married for only six years and have had to give her half my pension for the rest of my life, had to give her $200,000 from my 401K and $50,000 from the equity in my home. She kept 100% of her stock portfolio.

Lawrence Allen Weinreich answered on May 10, 2019

There are very strict time limits to appeal the decree. Unfortunatley, wanting to appeal after 3 years is to late a Notice Of Appeal had to be filed within 30 days of the notice of entry.

1 Answer | Asked in Child Support and Divorce for New York on

Q: Can my ex raise child support if my income changes every year?

I did a lot of overtime last year so my income was high. My ex informed me that she will be taking me to court to raise child support payments. If the court sees my income from last year, it will be high because I did a lot of overtime. But I cannot know if I will be able to make that much money... Read more »

Lawrence Allen Weinreich answered on May 3, 2019

under the current child support law, your child support can be raised if your income goes up 15% or more from what you were making when the child support order was issued. You may have a defense if you can show that you will not be able to do overtime or as much overtime this year as you did last... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on

Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

Lawrence Allen Weinreich answered on May 3, 2019

It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »

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.

1 Answer | Asked in Divorce for New York on

Q: What is my next step when my ex wife did not meet the deadline of finalizing a mortgage.

my ex wife had 90 days from Dec. 20, 2018 to finalize a mortgage for the home that is in my name, both deed and mortgage. I did a quitclaim deed that is in escrow, but the 90 days is past.

Lawrence Allen Weinreich answered on Apr 11, 2019

You can make a motion for contempt if that requirement was in the judgment of divorce or you can move to enforce the agreement. You may also be able to request counsel fees for having had to make the motion. As the most drastic remedy, it sounds like to can ask the court to have the house sold.

1 Answer | Asked in Divorce for New York on

Q: Husband earned a SEC license while married. I’m told the license would have to be evaluated to find out it’s worth to me

Any experience with worth of SEC license, usually it’s medical licenses that are evaluated.

Nina Mironenko answered on Apr 3, 2019

You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.

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