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New York Questions & Answers
1 Answer | Asked in Uncategorized for New York on
Q: Who inherits in NY: minor children, parents or sister? If children, does remaining parent, ex-spouse, handle property?

Minor children now reside with father, ex-husband of deceased.

Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

I'm sorry for your loss, and that your question remains open. If you want to try reposting your question in the Probate & Estate Planning categories, it might have better chances of being picked up there. From the description, it sounds like a situation involving intestacy. Hopefully in... Read more »

1 Answer | Asked in Child Support for New York on
Q: Can a parent have the child support terminated when the 18 year-old child did not graduate from HS and still enrolled?
Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

In NY child support terminates at the age of 21. Early termination is extremely difficult. You would need to prove the child is currently self supporting with a full time job. Contact an attorney to talk about your specific circumstances.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Getting a dog back

So my mother sold our family dog who is a yorki mixed poddle. We gave her to a couple who has 2 other dogs and wanted our dog Chloe. Of course we gave them Chloe. We checked up on them to see if chloe has adjusted to the new environment. They told my mother that she kept throwing up. So I told my... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 1, 2020

If you transferred ownership without any conditions you do not have the legal right to demand her to be returned.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Can you be retroactive charged for child support if you received an increase of pay or switched jobs to a higher salary?

Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me

Back to court?

Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new... Read more »

1 Answer | Asked in Business Law for New York on
Q: Contract violation by a company in NY.

Contract terms state that the the violating party will handle lawyers expenses. Invoices have been sent regularly but the violatiing company does not respond. My company is register in MN but prefer the case to be handled in NY because the company is present in NY with multiple engagements/... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 1, 2020

Not really that novel a case. You can sue. Stated account claims are simple. Not sure if there are defenses. It is an hourly fee. Collection is always an issue, but if you do nothing, you get nothing, and that is the worst case scenario.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was engaged and rented an apartment with my partner but I traveled for work, so I never got to sign the 1 year lease.

My partner and I broke up? He still lives there and the lease comes to an end by the end of July 2020. I had informed the landlord of our break up, and that we are no longer together, but I continue to pay the rent for the committed lease of 1 year. How will it affect me should the ex fiancé... Read more »

Gregory Byrnes
Gregory Byrnes answered on Jun 30, 2020

It depends on the lease terms. Typically tenants will be jointly and severally responsible for the rent amount.

2 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Michael David Siegel
Michael David Siegel answered on Jun 30, 2020

Is the timeshare company bankrupt? Without seeing the notice I cannot opine on it, but maybe there is a sale of the property subject to all timeshare interests.

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1 Answer | Asked in Agricultural Law for New York on
Q: What does DIWW mean in disability law.
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

There's an abbreviation DIWC, Disabled Insured Worker's Claim. If you wanted to repost in the Social Security section, you'd have better chances of an attorney familiar with this area seeing your question. Good luck

Tim Akpinar

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for New York on
Q: What happens if a father comes out positive for marijuana and the mothers test comes out negative can they take the kid

On a 3rd party calling child protective custody on family

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 30, 2020

The answer based upon the facts presented is no CPS cannot take the child. However, be aware that until ordered to do so by a judge, you do not have to take a drug test.

1 Answer | Asked in Consumer Law for New York on
Q: In New York State, is is legal to sell antique medicine bottles if they still have the contents in them?

I going through my parent's estate, I found 2 fairly large bottles of old-time quack medicines. One listed ingredients as strychnine. Both bottles had significant quantities still remaining in them. I know pharmacies won't take prescription containers if the medicine is still in them.

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

It's hard to say what type of attorney is closest to your issues, because it could introduce a number of issues, in terms of controlled substances (medicines that might not have been controlled at the time of production), poisonous substances (strychnine is a poison - a toxicologist could... 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 »

1 Answer | Asked in Education Law and Employment Law for New York on
Q: My employer refused me to return to work due to my school schedule. They told me to resign when I did not wan to

What impact will this have on my filing for unemployment benefits?

Jacob David Verchereau
Jacob David Verchereau answered on Jun 29, 2020

Generally, when you resign voluntarily you do not qualify for unemployment insurance. However, under these circumstances, you could still file a claim. If your employer does not contest your claim, you will likely receive unemployment benefits. If the employer does contest your claim, you could... Read more »

1 Answer | Asked in Animal / Dog Law for New York on
Q: put two deposits down on pups but the lady sold them after i gave her the deposite? she lives in NY i live in VT ?

so i put to puppies on hold with a deposit of 150 on each puppy so i only needed to pay them 300for the remaining of what they wanted . i picked one out on the 13th and one out on the 14th. 2wks latter i get a phone text that her sisters dog attacked one of my puppiues and needed to be put to... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 29, 2020

The police in either state will consider this a consumer/civil matter not criminal. If you paid by credit card, call credit card company to dispute charge. You can make a complaint with Better Business Bureau, Attorney General’s office and Department of Consumer Affairs. If all else fails you can... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Child (over 18 ) moved in with me. Divorce silent on child support when roles reverse. Am I entitled to child support?

Child will be attending college full-time in the fall. Former physical custodial parent won't contribute for her support (divorce grants joint custody, but physical custody was with mother).

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 28, 2020

Yes you can go to court and request child support and contribution for college if you are paying for college.

1 Answer | Asked in Real Estate Law for New York on
Q: What is the normal cost of a real estate attorney in Albany NY for a home purchase?

This is for an out of state buyer who is doing a first time purchase of a home in NY. What should a buyer be asking when trying to determine the most cost effect way to hire a real estate attorney?

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

The real estate attorneys here could give you the most meaningful input, but you're waiting for a reply and as a general matter, a good way to find out could be to contact attorneys and ask their fees. As with attorneys in any field, you could ask their area of focus, their experience, and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it legal for my landlord to make me get rid of one of my cars that I don't drive if it is registered and insured?

I live in upstate NY. I am allowed 2 spots in my driveway. The car is legal (insured and registered with plates on it), I'm just not driving it right now. There is a dent on the side of the vehicle that may be "unpleasant" to look at. He gave me 30 days to remove it from the... Read more »

Elaine Shay
Elaine Shay answered on Jun 26, 2020

If you do not have a lease and are not a rent-regulated tenant, the landlord has no obligation to keep you on as a tenant. Provided the landlord's actions do not otherwise violate the law, such as being discriminatory, the landlord can ask you to move for any reason including not liking the... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Request Property manager to take down Black Lives Matter signs in store

I have been attacked by this group and am seeing a doctor for tranquilizers do to trama. Can I suit IC if they do not remove them

Michael Francis Barrett
Michael Francis Barrett answered on Jun 26, 2020

No, they have a right to display such signs.

1 Answer | Asked in Animal / Dog Law for New York on
Q: If I put a non-refundable deposit on a puppy and have a receipt and do not receive the puppy, what can i do?

I put a non-refundable deposit on a puppy for $200, the breeder gave me a receipt, the time to pickup the dog has come and the breeder won’t respond to my texts or calls, what can I do?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 26, 2020

If you have made several attempts to contact the breeder without a response you can certainly call the Better Business Bureau or the Department of Consumer Affairs. If the $200 was on a credit card, you can dispute the charge with credit card company.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Howard E. Knispel
Howard E. Knispel answered on Jun 26, 2020

Child support terminates at 21 and can not be continued after unless agreed to, and then until 22 if the child is in college, but only if agreed. Other provisions (not child support) could be addressed. Speak to an attorney.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 26, 2020

Child support ends at 21. The court does not have the power to extend support beyond 21. The court however can enforce agreements that provide for support or college and even graduate school beyond 21 only if it was agreed to in WRITING.

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