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1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

1 Answer | Asked in Tax Law for New York on
Q: My father passed away in August. Some of his tax debt shows my mother’s name prior to their divorce. Is she liable?

Half of his debt is only in his name since their divorce. But the debt accrued while they were married shows her name. My sisters and I have been left in this mess trying to figure out what we have to pay to settle his debt and save his home. If she is liable for what has her name on it, it would... Read more »

David Ostrove
David Ostrove answered on Mar 2, 2021

Your Mother may not be liable. She may qualify as an "innocent spouse". You need to talk to a tax lawyer.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2021

There is no way to answer the question without knowing what the evidence is and what he is alleging. Just based upon his not working in a year and future surgery is not sufficient for a modification.

1 Answer | Asked in Child Support for New York on
Q: I have an on going stipulation for separation for 3 years. We haven’t settled yet . Within that time my ex had a 10%

Increase in pay. Should the child support amount reflect that change? Written in the stipulation currently is his previous salary from last year.

Howard E. Knispel
Howard E. Knispel answered on Mar 2, 2021

Not sure what you mean by "on going stipulation for separation". Has the stipulation been signed? Is there litigation "on going"? If there is a signed separation agreement, you can go into court and ask for a modification. Whether you get it or not will depend on several... Read more »

1 Answer | Asked in Education Law for New York on
Q: can you sue a school.

I go to independence university, I am in a class had week 1 almost done, then they switch me without any notice on the date that discussions are due on Wednesday. to two classes instead. tell me i have to do 2 weeks worth of work in 1 week all bc THEY made a mistake which i have proof of them... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 2, 2021

An attorney who specializes in education law would have the best insight here, but your question remains open for two weeks. As a general matter, despite the ordeal it has caused you, there could be more economical ways of approaching something like this, maybe through academic advisor or... Read more »

1 Answer | Asked in Trademark for New York on
Q: I would like to know if i am using the correct international class codes on the teas plus application.

I can email a screenshot and also my application to view. Can you look it over and tell me if the application looks good to go? I intend to sell herbal powders, essential oils, bars of soap, and herbal teas. Thanks for your time.

Class codes I used:

Class: 003- for soap and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 1, 2021

Looks like you are ok.

You should consult with an attorney to make sure your mark has a chance.

cheers

1 Answer | Asked in Uncategorized for New York on
Q: My father passed away in OK with a will, my brother as executor. There was an account in my dads name that my brothers

Name was added to im being told it is his and I have no right to it even though my father’s will says 50/50.

Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

I'm sorry for the loss of your father. This is something that the attorneys in the Probate and Estate Planning categories would know the most about, but your post remains open for three weeks. There's no guarantee that every question is picked up, but you could try reposting under those... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

1 Answer | Asked in Constitutional Law for New York on
Q: Can a police officer pull you over because he knows you don't have a license and slander your name

Local Town keeps pulling me over cuz he knows I don't have a license I know multiple other people that he knows don't have a license but he doesn't pull them over and he slanders my name to everybody people I don't even know

Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

Slander is not the main concern there - driving without a license in New York is a misdemeanor (criminal charges). You could repost in Criminal Law or reach out to a criminal law attorney about the full significance of that means. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: Is a houseshare agreement the same as a lease in New York state?

I had a houseshare agreement, not a standard lease. However, the new law from 2019 states that security deposit must be returned within 14 days. It is now well past 14 days, but my original lease from February 2019 states she has 30 days to return my security deposit. Since we signed a new lease... Read more »

Elaine Shay
Elaine Shay answered on Feb 28, 2021

You shouldn't count on any time periods for notice being enforced during the Covid crisis.

1 Answer | Asked in Health Care Law and Legal Malpractice for New York on
Q: Father when to hospital for leg pain free no covid stayed in hospital a week had covid
Tim Akpinar
Tim Akpinar answered on Feb 28, 2021

I'm sorry for your father's ordeal. As a starting point, you could reach out to medical malpractice attorneys to discuss in more meaningful detail. If a law firm believed there could be a potential basis for a case, they could request hospital records for the stay and review them with a... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I have a public defender and he does not return my calls, what should I do

I was aressted for esdropping, I did not do it all they have are two statements from my soon to be ex wife and her bestfriend. The ex wife and her friend tried to have me arrested for kidnapping my oldest son, They filed so many false reports on me and some how the esdropping charge stuck.I... Read more »

Eric Webster Sherwood
Eric Webster Sherwood answered on Feb 28, 2021

My advice to you would be to find your attorney's office address online or from the court and physically go to his/her office and ask to speak with them. Be polite and, if they tell you that you can't speak to them without an appointment, make sure that you don't leave the office... Read more »

1 Answer | Asked in Child Support for New York on
Q: Child support violation hearing

Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the... Read more »

1 Answer | Asked in Child Support for New York on
Q: Do I still have to pay child support if child goes out of state for college an live with his mother
David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »

4 Answers | Asked in Personal Injury for New York on
Q: Can i sue a restaurant for the injury damages i got from falling on their steps, i was also drunk when this happened.
Michael J. Prisco
Michael J. Prisco answered on Feb 27, 2021

You can sue if the cause of your fall was a dangerous condition, i.e, a foreign object left on the stairs. The fact that you were drinking will go to whether you are also at fault, which is an issue a jury will weigh.

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1 Answer | Asked in Uncategorized for New York on
Q: How can I find out details about the estate of my late aunts?

My father had 2 sisters and a brother. He died 20 years ago. One of my aunts died in 2010 and the other in 2017. An estate lawyer contacted me a while ago to ask me to sign waivers and other documents.

Last time I was contacted by the same law firm was in 2018, asking me again to sign... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 26, 2021

This is something that the probate/estate planning attorneys here would know about - but your post remains open for three days. Not every post is ultimately picked up, but you could try reposting and adding Probate and Estate Planning as categories instead of only posting only under Uncategorized.... Read more »

1 Answer | Asked in Family Law and Civil Litigation for New York on
Q: How does someone born in Puerto Rico but now lives in the states, correct a name change on their birth certificate?

My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.

For all the time he has been in the United States (specifically NY for over 40... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2021

Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

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