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New York Family Law Questions & Answers

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

Q: I have been on SSI disability for 9 years DSS is saying I owe them$11,000 dallors my kids are 27 and 26 my son married

Son has been married 5 years I use to have custody of my son for 4 years and this back child support this case is old

Lawrence Allen Weinreich answered on Jul 17, 2019

Unfortunately, child support has a statute of limitation of 20 years so DSS can go back that far. You should get a copy of what they say is owed and since when and take that information to an attorney and discuss it with them.

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

Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.

There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim... Read more »

Lawrence Allen Weinreich answered on Jul 15, 2019

There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.

1 Answer | Asked in Family Law for New York on

Q: NY Family Law Magistrate Facts and Finding acerted Powers v Powers 86 NY2d 63, 68-69 [1995] case wrongly?

NY Magistrate used the above case to assert that respondent had income and willfully did not pay plaintiff. However, Respondent showed through tax returns and financial affidavits that he did not have the means to pay. As well, plaintiff and Respondent signed a contractual modification agreement... Read more »

Lawrence Allen Weinreich answered on Jul 10, 2019

Your question does not have enough information to give a full and considered answer. In general, the burden is on the payor to prove that he does not have the ability to earn enough to make the required payments and the money that he does have is spent only on necessities. In other words, as an... Read more »

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

Q: So my boyfriend is 17 years old he got into a fight with a cop does he go to jail ?

He was leaving the police station but the cops was talking a lot of sh*t and my boyfriend said f*ck you and a lot of cops hop him and he started defending him self and one of the cops got their ankle injury and press chargers on him, my boyfriend called the police station and apologize but he... Read more »

Lawrence Allen Weinreich answered on Jul 9, 2019

He might, there is no clear answer to this question without more facts and details. If this is the first time he is involved with the police his lawyer should be able to keep him out of jail.

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

Q: My child's mother is filing for modification of child support and a petition of violation of child support.

I stopped paying childcare costs after we made a mutually agreed upon written notarized agreement. I allowed her to leave the state in return that I did not have to start paying private daycare costs again. We live in NYS. Will this written agreement hold up on court?

She also is... Read more »

Lawrence Allen Weinreich answered on Jul 9, 2019

If the written agreement is in the proper form, it will hold up in court. If the agreement holds up, that is a defense to payment of babysitter costs from the time of the agreement. The fact that this was negotiated so that she could leave the state is helpful.

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

Q: What if I’m not sure I’m the father?

I live in NJ and got a letter from the NY courts for child support, but I’m not sure if I’m the father; I don’t even know the child and she’s already 4 years old, I have court on August, what should I do? And what are my rights ?

Joseph H. Nivin answered on Jul 3, 2019

Sorry to hear that you are going through this. If you were married to the mother at the time of birth or conception, you signed an acknowledgement of paternity (the paper given to you at the hospital where you say that you are the father), or if you registered with the Putative Father Registry,... Read more »

1 Answer | Asked in Family Law for New York on

Q: What if I’m not sure I’m the father?

I live in NJ and got a letter from the NY courts for child support, but I’m not sure if I’m the father; I don’t even know the child and she’s already 4 years old, I have court on August, what should I do? And what are my rights ?

Lawrence Allen Weinreich answered on Jul 2, 2019

you have the right to ask for a DNA test to prove you are the father

1 Answer | Asked in Family Law for New York on

Q: Can I go for a one week vacation to Puerto Rico with my daughter when her father has visitation rights.

He gets my daughter every other weekend and I’m taking my daughter on my time. Not his.

Lawrence Allen Weinreich answered on Jul 2, 2019

If it is on your time as you say, then there is no problem with taking your daughter on vacation with you

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

Q: can I lose my daughter if I marry someone in jail?

This is hard for me to ask but I have a 4 year old daughter. I met my current fiancé when she was 4 months old. We have been together but a few months ago he was arrested and is awaiting trial. We are planning on getting married soon before his trial and I am scared that her father can use this... Read more »

Lawrence Allen Weinreich answered on Jun 28, 2019

It would take more than what you have included in your post to lose custody of your child.

1 Answer | Asked in Family Law for New York on

Q: Are Grandparents rights laws still active in New York State?

Lawrence Allen Weinreich answered on Jun 28, 2019

Grandparents have rights to have visitation or even custody under the proper circumstances in NY.

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

Q: Is it possible to have my ex pay my legal fee's in child support case; for violation of order?

There was a support order issued in 2012/2013 for 50.00 per week. To date, the arrears exceed six thousand dollars.

I am aware that he has been employed in various occupations and capacities over the years, but has managed to either work off the records, or withdraw from employment before... Read more »

Lawrence Allen Weinreich answered on Jun 20, 2019

The court can award fees if he is found to have violated the support order (but that is after the case is over). At the same time, you can request an upward modification based upon what is going on at this time and increased expenses.

1 Answer | Asked in Family Law for New York on

Q: Can I leave my mothers house at 16 and move in the father of my child’s house?

My mother is constantly putting me down mentally and emotionally. There was a time she said “he just wants in your pants” and another “who knows what you did with ******** in that dress I hope you used double protection because we can’t afford another baby”. I have a one year old son, a... Read more »

Lawrence Allen Weinreich answered on Jun 20, 2019

You can move out of your mother's house. She can try to force you back or even ask for custody of your baby but based upon what you are saying she probably won't win. Just be careful as depending on the age of your boyfriend she may try to have him arrested for statutory rape. I suggest you... Read more »

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

Q: My sister won't let me have contact with senior dad despite him wanting so. What court should I go to?

My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.

Benjamin Z. Katz answered on Jun 16, 2019

If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.

If you believe neither...
Read more »

1 Answer | Asked in Family Law for New York on

Q: What Grandfather rights do I have in New York to visit and see my grand kids. Their father has custody. They are 13 & 12

He will not allow them to leave state and visit out here even in the summer nor attend a variety of academic and athletic camps that are available to them as tribal members. They know nothing of their heritage or their family as I only recently learned of my daughter. I am willing to file in that... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

You should speak with an attorney immediately and discuss all of the facts. Based upon what you are saying it seems that you are a member of a native American Indian tribe as such, special rules may apply.

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

Q: state of NY Ex wants me to leave house and will not file for support. what do i need to file in order to see my kids

No violence or anything. i just want to not to be charged as abandoning my kids. Unmarried house is in my name.

Lawrence Allen Weinreich answered on Jun 11, 2019

You should discuss the situation with an attorney ASAP. You don't have to leave the house as it is your property. If you do leave, if you are only looking for visitation, you can file a petition in family court for visitation. If the two of you agree to a schedule to your liking for visitation,... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on

Q: I would like to obtain an order of protection how do i go about that?

My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

What you can do is file for an order of protection in family court.

1 Answer | Asked in Family Law for New York on

Q: Hi - I have a son who is 17 and just signed up to enlist in the Navy. He ships out in seven months.

He keeps insisting that he is emancipated now that he is in the military. What are my legal obligations to him as a parent at this point?

Lawrence Allen Weinreich answered on Jun 11, 2019

He is still a child until he actually is inducted into the Navy. In NY you have an obligation to support your child until the age of 21 unless he enlists in the armed forces or get a full time job and is self supporting.

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

Q: My cousin in law got custody of my daughter in 2012 when I got arrested and incarcerated.. I have been fighting to

Get her back and she is now 14 and she says she don't wanna come with me.. how can I still get her home where she belongs even tho she is staying this to me and the court

Lawrence Allen Weinreich answered on Jun 11, 2019

It is going to be very difficult to do. You will have to have a hearing and be able to show that it is in your daughter's best interest to be returned to you instead of staying where she is. You really have to speak to a lawyer and go over all of the facts of your case to get a better assessment... Read more »

1 Answer | Asked in Family Law for New York on

Q: wife need help with our 1yr old son while giving birth to our second baby. Will parole violate me ?

My parole officer had me sign a stay away/no contact order with my wife on their discretion. I’m also in an inpatient program where I can’t leave(I can sign out but it would be violating parole orders). The hospital said my 1year old can stay as long as someone is there if not he would be... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

The answer is yes they can violate you

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

Q: If a child is 20 yrs old married with a child. Is parent legally responsible to pay child support

Lawrence Allen Weinreich answered on Jun 7, 2019

In New York that child would be considered emancipated and no child support would be required under normal circumstances.

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