The answer depends on whether or not the 529 plan was part of the "college fund" that you mention in your question. If it was part of the agreement, your ex will be responsible for 12.5% of the college fund PLUS his 50% of the tuition each year if he depletes the account.

A right of election gives a spouse a right to disregard a will provision and receive a share of the estate of a deceased spouse as if there was no will. This prevents a spouse from not providing for their legal spouse in a will.

Peter Christopher Lomtevas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2021

We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with... View More

The method depends on whether she is considered a "tenant". Does she have a lease? Does she pay rent. If she is a tenant you can evict her from your home in LLT court. If not she is a licensee and you need to file an action for ejectment in Supreme Court.

Is that agreement in your divorce stipulation? If so you can file a contempt proceeding. If it is not in your divorce stipulation you may not be entitled to anything. Talk to a lawyer.

Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... View More

If a properly drafter QDRO is presented to a judge and there is no objection, the judge will sign it. As for the drafting of the QDRO, if the separation agreement is clear on how the retirement assets are to be divided then a QDRO can be drafted.

It is difficult to answer your question as you say you signed a "birth certificate." If it was a birth certificate then more facts are necessary. If however you signed an "acknowledgment of Paternity," then under the law you are the "father" of the child and will... View More

If you were served with a Judgment of Divorce that is signed by a Judge, then you are divorced. If you received any other papers then you are not divorced. Take the papers to an attorney and ask them to explain what it is you received.

In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.

These are all questions that should be discussed with your attorney as you retained one. Beyond that, the only thing that can be said is that if the expenditures were frivolous you may be owed a credit in the divorce.

The parent who has custody makes the decision. Your only other option is to go to court to get a court order.

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... View More

Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

Yes - sometimes people simply want the safety of having a divorce judgment issued by NY - especially if they were married here. Likewise, if the foreign court did not have proper jurisdiction and/or it did not reach certain issues between the two of you (e.g., asset/property distribution), then it... View More

Michael J Stachowski Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2021

This is both a conflict of laws and jurisdictional question. You must look at residency. Florida seems to be the obvious. For New York you must have residency for more than one year. It’s residency in a jurisdiction which give rise to jurisdiction over the marriage. In New York you have... View More

The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what... View More

Your question is best suited for the experienced divorce attorneys here. But your post remains open for two weeks. Until you're able to reach out to an attorney who is knowledgeable in this area, here is a link to the New York State Unified Court System's divorce resources:... View More

You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.

You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to... View More