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New York Divorce Questions & Answers
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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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Mother wants 15 YO to babysit 3 kids on her week with the kids over 10 hrs a day while at work is this legal WO license?

My ex-wife wants to have a family member who is 15 YO to babysit 3 kids (4, 8, 9 YO) who are currently doing remote learning and need constant supervision and help. Her plan is to have the 15 YO watch all 3 boys without any adult supervision for over 9-10 hours a day, 5 days a week, every other... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 9, 2020

15 YO are used as baby sitters all the time especially during the day. This is something you have to work out with your wife or get the lawyers involved.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Can I ask a "right of first refusal" when it’s not in the current child custody agreement.

I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 9, 2020

If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Can my ex husband take my kids from me?

My 4yr old hide on me and I couldn't fine her. I panicked and them called my ex husband. I found her within a few minutes. He then starts yelling at me sayin I am not responsible and is going to try and fight me full custody. Kids are going to be kids and do things to scraw the crap out of us.... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 3, 2020

If this is the only "incident" then it is highly unlikely. If there is a pattern then that would be a factor. Do you have legal custody? Has there been any court orders? Modifying a court order already in place is much more difficult than getting an initial order. Speak to an attorney.

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2 Answers | Asked in Divorce for New York on
Q: The house and separate property of land is in my wife's name only. She's threatening a divorce and to take it all.

I had bad credit when we purchased the house so it was only put in her name. When we bought the property of land later collectors were trying to take a judgment out on me because I went to a debt consolidation and they said not to pay anyone so we could settle for less on what was owed basically... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 2, 2020

It does not matter whose nmame os on the deed for property. The issue is when was the property purchased, and possibly, where did the money come from. If the property was purchased during the marriage then it is presumed to be marital. If the money to purchase was from pre-marital assets she may be... Read more »

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: If an individual is being financially abused by their spouse, is there legal action they can take against them?

The individual being financially abused is currently abusing illicit substances, does not have a job, and does not have access to their finances. The individual has children with their abuser. There is currently no physical or sexual abuse.

George E. Patsis
George E. Patsis answered on May 30, 2020

You can file a petition for spousal maintenance and child support.

4 Answers | Asked in Divorce for New York on
Q: What happens a husband takes Out 401k funds prior to divorce being filed (at age 60-NY)

What happens if my husband and I separate and he purposely Files for divorce at the age of 60 and withdraws his 401k funds in case I later file for divorce?

Michael J Stachowski
Michael J Stachowski answered on May 29, 2020

Nothing substantial. He must account for the funds. Under eligible distribution you are entitled to a share that was acquired during the marriage. Majauskas v majauskas sets the formula. The months of employment over the months of the marriage x 1/2. That’s the marital share if it was all... Read more »

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4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Can you modify child support with an active Supreme Court divorce/custody case when you lose your job?

I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »

Nina Mironenko
Nina Mironenko answered on May 29, 2020

Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.

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3 Answers | Asked in Divorce for New York on
Q: What happens if husband withdraws 401k money before wife files for divorce in NY?

What happens if a husband knows wife is going to ask for divorce so he files retirement and gets 401k at age 60 to get funds before divorce is filed

Nina Mironenko
Nina Mironenko answered on May 28, 2020

"Wasting" a marital asset in contemplation of divorce brings the asset back into equitable distribution in total. The husband can be held liable for any penalties/taxes due to him withdrawing early.

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2 Answers | Asked in Divorce for New York on
Q: Maintenance in NY state

Judge requested more information for our divorce filing. Married in 07, lived apart since 09 but never filed for divorce until now (unfortunately after the 2016 maintenance law enactment). She signed a waiver of spousal maintenance. I already pay support. I know that pre-divorce seperate living... Read more »

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

What should be done is the spouse who is waiving support should have an affidavit that says that they are self-supporting and not requesting spousal support. If that spouse has an substantial income, then include that information in the affidavit.

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2 Answers | Asked in Divorce for New York on
Q: After divorce was final found out ex bought a house for $450k cash he didn’t disclose on SNE. Do I have any recourse?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2020

Depends on what your separation agreement says. Most probably you can reopen the case if you have some proof. See your divorce lawyer or consult another attorney but bring the Judgment of Divorce, the separation agreement and ALL the SNW's.

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1 Answer | Asked in Divorce for New York on
Q: I am going to get a divorce. I am scared my husband will try to drag it out. Can that happen? When can I move out?

I need to divorce quickly for my happiness and mental health. I'm scared my husband will try to make me miserable or trap me. What are the typical costs for divorce?

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

Unfortunately, depending on the attorney your husband gets he may be able to drag out the divorce. The courts try to have divorce cases ready for trial in 6 months if the case can't be settled, however, it doesn't take much to drag the case beyond 6 months. In regards to moving out, if... Read more »

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