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New York Divorce Questions & Answers
1 Answer | Asked in Divorce for New York on
Q: In New York can I move back into the marital house when my order of protection ends if I still have one against my wife
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 5, 2020

If there is no other order excluding you from the house you can but it may not be a wise decision.

1 Answer | Asked in Divorce for New York on
Q: what do I need to file a poor person order?

I already filled out the form I'm just not sure as to where I need to submit them

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 29, 2020

They get submitted to the clerk of the Supreme Court in your county

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Looking for a lawyer to review legal documents related to an active divorce/custody case

I dismissed my previous lawyer and do not want to engage in a retainer agreement as of yet; I would prefer if a lawyer reviews my documentation/evidence and provides his/her legal analysis based on what is provided to determine if I should move forward with my case or not. At that point in time,... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

It shouldn't be hard to do. If you want you can call my office at 516-336-8340 to discuss the issues and schedule an appointment if you are ready.

2 Answers | Asked in Child Support and Divorce for New York on
Q: Child support breakdown inquiry

I make 120k, my mother's children makes 50k; we have 3 children - what would be the accurate child support breakdown given that we have surpassed the combined income gap. Does she have to petition for anything above that cap and can I get the support modified? currently we have 50/50 joint... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

It is impossible to accurately answer your question without more information. However, as a general answer the courts generally go over the cap when there isn't a significant overage. Child support is generally awarded to the lower earning parent. Support can only be modified upon a showing... Read more »

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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?

Howard E. Knispel
Howard E. Knispel answered on Jul 21, 2020

If there is an index number on the divorce papers you can check with the court.

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2 Answers | Asked in Child Custody, Child Support and Divorce for New York on
Q: I have two kids. My soon to be ex husband is petitioning for full custody for one, and I for both. Lets say the court

grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?

Michael J Stachowski
Michael J Stachowski answered on Jul 21, 2020

Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for New York on
Q: I am a domestic violence survivor and looking for divorce How can I get a divorce if he lives in another state

We have 2 kids together

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2020

If you meet the residency requirements, all you have to do is start a divorce action and have him served.

1 Answer | Asked in Divorce for New York on
Q: Should my divorce paperwork have my maiden name or married on it for the courts.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 13, 2020

It should be your married name. The Judgment of Divorce will have a paragraph that allows you to resume the use of your maiden name.

1 Answer | Asked in Divorce for New York on
Q: Is it to late to file for the retirement benefits owed to me from my divorce in 2007? I was married 9 1/2 yrs.

Divorce was granted to Ex-husband by default.I never signed paperwork.He is 65 and should be retiring soon or could be retired.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

You need to have a provision in your divorce decree that entitles you to a portion of his retirement benefits. If there is such a provision, you need to have a Qualified Domestic Relations Order done and signed by a judge and then served on the retirement plan. Speak with an attorney about... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Joint custody & ex possibly exposed to Covid-19. Can I get a temp order of protection/withhold kids until she's tested?

My children's mother lives with several family member who recently returned from AL and did not do the 14-day quarantine as they should by NY law. I asked her previously to inform me when they would get back to prevent exposure to the kids and myself as I take care of my elderly parents.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

The courts will not issue an order of protection under these circumstances. As to withholding the children you can do that but be aware that you are in violation of a court order and it would be up to a court to decide if you had a reasonable excuse for violating the order.

1 Answer | Asked in Divorce for New York on
Q: How much on average does it cost for a qdro attorney in NY?

2 qdro’s are needed

Michael J Stachowski
Michael J Stachowski answered on Jul 6, 2020

it depends a simple QDRO is approx $750 a complex 1500 most are simple so long as the majuskas formula is spread on the record.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

1 Answer | Asked in Divorce for New York on
Q: I’m divorced, and live in NY. My ex is trying now to change an account balance. He says he made a mistake on it.

Can my ex reopen our divorce because he said he made a mistake in his 401(k) balance?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2020

Its not an easy question to answer as more information is needed. How long ago did this happen? How big is the mistake? Why was there a mistake? These and other questions have to be looked at along with your stipulation. You should discuss this with the attorney that represented you in the... Read more »

2 Answers | Asked in Divorce for New York on
Q: As a common law wife of 20 years, do I have any financial recourse from my spouse...

We had no children together and I didn’t work outside our home..I was solely dependent on my spouse financially.. we have one home in both our names, and a summer home in his name..

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 21, 2020

unfortunately, NY does NOT recognize common law marriage therefore there is no equitable distribution.

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2 Answers | Asked in Divorce for New York on
Q: Need some info on getting a divorce in New York state.

Joint ownership Three family house. I am self employed. I was the stay at home care giver for one child from birth till now 17 year old girl. My wife is employed and has a 401 plan in her name only with me as beneficiary. We have no savings and have big debt. I have no retirement. What are the New... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 19, 2020

New York State laws on assets in a divorce are complicated and in the Equitable Distribution Law. It would be impossible to give a thorough answer on this forum. You should speak to a lawyer so you can go over all of the specifics of your case. There may be issues regarding support, retirement... Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: How can I get the divorce to go through?

My stbx lives in Canada. I live in NY.

I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My wife left home for Covid but wants a divorce-she wants to come home with my kid for few weeks - what should I do
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Automated child support - if ex spouse planning to move overseas. What are my options?

My soon to be ex is returning back to Russia. If I get a full custody and stay in US - what are my options to get child support from him? Can I claim child support amount until both kids are 18 y.o. to be paid from the proceeds of the sale of his apartment (his separate property, but where we lived... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 11, 2020

While you can certainly get a court order of child support, Russian courts may not enforce it. There is no statutory authority to force a lump sum child support order and there is nothing in the law that would establish any kind of trust account. Also you should be aware that child support in NY... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: My soon to be ex wants to get full Custody of the kids (10 and 8 yo) while planning moving back to Russia with them

Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 11, 2020

He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.

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