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New York Divorce Questions & Answers
2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 1, 2023

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: My has been paying the mortgage since we got divorced. He then stopped paying child support. He says he has a right

He says he can do this because the mortgage is more than the child support. We have an agreement and no where in it did I agree to that. This has been over 5 years. He’s a corporate lawyer and believes he’s right. I just want to know if he is.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 1, 2023

Child support is not interchangeable with any other payments. If he is court ordered to pay the child support than he must continue to do so or be held in violation, or even contempt. Whether he pays the mortgage is a separate issue. If he is court ordered in the divorce to pay the mortgage as... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, how often and under what circumstances can a child support be modified?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 27, 2023

The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... Read more »

3 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: In New York, how often and under what circumstances can you modify a child support order?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jan 27, 2023

Not sure what the question really is. There is no limit on how often a support order can be modified. A child support order may be modified every 3 years or upon a change in the non-custodial parent's income of 15%. Any change to the original order is considered a modification.

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1 Answer | Asked in Divorce for New York on
Q: Can you skip income and medical sections on divorce papers if no one is asking for support or didn’t have joint medical?

It’s for a fully uncontested divorce with no children

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

It's unclear exactly which form you're referring to. If there are children involved, you must (at the least) submit the child support worksheet - though it's advisable to submit a full stipulation of settlement. Schedule a consult with a NYC Divorce Attorney for a full assessment.

1 Answer | Asked in Divorce for New York on
Q: How do I enforce a divorce decree against a POA who stopped sending alimony payments when an ex spouse fell ill.

They were married for over 40 years. He was always good about making his alimony payments to her. When he became ill my mother in law informed his sister (POA) that she wasnt receiving the checks and his sister said she wont be sending them. I am not sure how to go about enforcing a divorce decree... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Jan 24, 2023

You do not enforce it against the POA, you enforce it against the ex spouse. You file a petition in Family Court or in Supreme Court. Talk to an attorney.

1 Answer | Asked in Divorce for New York on
Q: If I was married in Costa Rica and want a divorce now I am in the United States, what options are there?

A marriage was entered into in Costa Rica. One spouse lives in Costa Rica and one spouse is a resident in New York.

What options are available for divorce?

Howard E. Knispel
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Howard E. Knispel
answered on Jan 19, 2023

It depends on the state of residence. Each state has it's own jurisdiction requirements. You need to speak to a lawyer in the appropriate jurisdiction.

2 Answers | Asked in Divorce for New York on
Q: How can I get a divorce, but have no idea where other individual resides or what state they live in?
V Julia Luyster
V Julia Luyster
answered on Jan 4, 2023

I am sorry you are going through this. You can serve the other person by publication. You put it in the newspaper and after a period of time you can obtain a default divorce. There is quite a bit of paperwork that goes along with this so I suggest you ask an attorney to help you with the... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Hello, If i start receiving my own SS will that affect my monthly maintnenace from my Ex?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 27, 2022

Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Hi Do you have any court cases that went through for a common-law wife that claimed maintenance?
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Dec 2, 2022

New York does not recognize common law marriage therefore no spousal support would be ordered. However, if you own property together you may want to contact an attorney to determine if you have a case for small claim, Constructive trust or partition.

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1 Answer | Asked in Divorce for New York on
Q: my wive's lawyer wants me to sign a consent to have access to my salary information at work. Can i decline?
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 30, 2022

Financial disclosure is mandatory in a divorce case. The attorney could simply get a subpoena if you do not cooperate.

2 Answers | Asked in Divorce and Landlord - Tenant for New York on
Q: I am married, moved out of my NY rental, trial separation, both on lease, who pays rent?

I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears,... Read more »

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1 Answer | Asked in Divorce for New York on
Q: how will assets be distributed if we have a separation agreement from 2015 and now going through a divorce?

I filed for divorce in march of 2020. We were separated for 5 years already.

Howard E. Knispel
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Howard E. Knispel
answered on Nov 23, 2022

If you have a valid separation agreement that should govern equitable distribution. Speak to an attorney to go over your agreement.

1 Answer | Asked in Divorce for New York on
Q: How long will my divorce take in Bronx County (New York)?

So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

1 Answer | Asked in Family Law and Divorce for New York on
Q: I'm going to court November 29th for a divorce that I asked my husband for over 26 years no children should I persu

We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... Read more »

2 Answers | Asked in Divorce for New York on
Q: Why uncontested divorce status is still RJI pending after a year? When will I be granted the divorce?

No assets

One minor child

V Julia Luyster
V Julia Luyster
answered on Nov 13, 2022

Possibly additional papers need to be filed. Did you file Findings of Fact and Conclusions of Law and a proposed judgment? Do you have a Parenting Plan agreed to in writing?

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1 Answer | Asked in Divorce for New York on
Q: Am I able to file for an uncontested divorce and handle the custody/child support issue at a later time?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 8, 2022

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

1 Answer | Asked in Divorce, Family Law and Elder Law for New York on
Q: If a husband walks out, is he financially responsible for shared bills?

My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... Read more »

1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 23, 2022

It depends on your divorce judgment. Typically jurisdiction lies where the child was residing for the past 6 months. Co tact an attorney to review the divorce.

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