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New York Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for New York on
Q: Can my ex raise child support if my income changes every year?

I did a lot of overtime last year so my income was high. My ex informed me that she will be taking me to court to raise child support payments. If the court sees my income from last year, it will be high because I did a lot of overtime. But I cannot know if I will be able to make that much money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 3, 2019

under the current child support law, your child support can be raised if your income goes up 15% or more from what you were making when the child support order was issued. You may have a defense if you can show that you will not be able to do overtime or as much overtime this year as you did last... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 3, 2019

It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »

1 Answer | Asked in Divorce for New York on
Q: My husband filed for divorce on March 18, 2019 without my knowledge He serve me the papers April 16, 2019

We married in the state of Texas on April 1, 2013 and my eligible for his pension and alimony

Christopher N. Luhn
Christopher N. Luhn answered on Apr 17, 2019

A lot depends on facts. I’d be happy to spend some time on the phone with you to explore your options. (518) 884-0000.

1 Answer | Asked in Divorce for New York on
Q: What is my next step when my ex wife did not meet the deadline of finalizing a mortgage.

my ex wife had 90 days from Dec. 20, 2018 to finalize a mortgage for the home that is in my name, both deed and mortgage. I did a quitclaim deed that is in escrow, but the 90 days is past.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 11, 2019

You can make a motion for contempt if that requirement was in the judgment of divorce or you can move to enforce the agreement. You may also be able to request counsel fees for having had to make the motion. As the most drastic remedy, it sounds like to can ask the court to have the house sold.

1 Answer | Asked in Divorce for New York on
Q: Husband earned a SEC license while married. I’m told the license would have to be evaluated to find out it’s worth to me

Any experience with worth of SEC license, usually it’s medical licenses that are evaluated.

Nina Mironenko
Nina Mironenko answered on Apr 3, 2019

You're referring to the old O'Brien enhanced earnings doctrine, which the courts are no longer applying. What you could currently seek, is spousal support based on his enhanced earnings, but there are many other factors you need to meet for spousal support.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: I divorced years ago, 13 years ago, and have been paying child support monthly since then.

This payment is based on the divorce decree. The child is now 18. The child has never been to the united states because of the mother's choosing. I provided opportunities for the child to study here in the USA after high school, but the mother decided that wouldnt work. I assume its so she can keep... Read more »

Robert B. Pollack
Robert B. Pollack answered on Apr 1, 2019

Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child... Read more »

2 Answers | Asked in Divorce for New York on
Q: My ex-husband worked for NYS Department of Corrections, he retired January 2019.

I am having a hard time collecting my portion of his pension and 401 k. He has made offers but will not offer any paper work. I have contacted NYS Retirement Fund who state they can not help me, wrote an e-mail to the marriage division of retirement but received no response. What can I do next? My... Read more »

Nina Mironenko
Nina Mironenko answered on Mar 27, 2019

Your Settlement Agreement or Judgment of Divorce should have included provisions/language regarding a QDRO, or DRO to be filed for each - the pension and the 401(k). Contact the attorney who handled your divorce. You will have to pay her/him.

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1 Answer | Asked in Real Estate Law and Divorce for New York on
Q: Can my family member buy my house in cash for mortgage amount owed so I can live in it with kids if my husband agrees?

House worth about $380,000, mortgage amount $350,000. Mortgage and deed in husband’s name only but bought while married.

Michael David Siegel
Michael David Siegel answered on Mar 20, 2019

Yes. It should be structured as a regular deal with title insurance.

1 Answer | Asked in Divorce for New York on
Q: My sister is disabled due to MS...her husband is divorcing her after 30 plus years , calling it a Medicaid divorce. Her

Only income is her disability payment. She has no extra income for a lawyer. Her husband has a large amount of debt and their home is in both names. Probono possible?

Robert B. Pollack
Robert B. Pollack answered on Mar 15, 2019

What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can a paralegal write a stipulation of settlement for a divorce filing without a lawyer involved?

A friend says he can prepare all the divorce paperwork for me and my wife, and write up a stipulation of settlement also. I thought a lawyer would have to be involved somehow, but my friend says he can do it all by himself. He's a paralegal. It that legal?

Robert B. Pollack
Robert B. Pollack answered on Mar 13, 2019

The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »

Christine Moccia
Christine Moccia answered on Mar 10, 2019

Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

2 Answers | Asked in Divorce for New York on
Q: can i get a petition of seperation if my spouce has left the state(NY) and not coming back?
David P. Badanes
David P. Badanes answered on Feb 27, 2019

Yes, you can file for Separation and/or have a Separation Agreement drafted.

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1 Answer | Asked in Divorce and Family Law for New York on
Q: I just have a question. Im currently going through a divorce my first court date is next month.

And because my husband is in and out of jail I requested that before he sees our daughter he wait until we have a visitation agreement through court. Now he's upset by that and saying when we go to court next month he's going to tell the judge I forged all the paperwork which is false, he had his... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 25, 2019

Your situation is not clear. It appears that you are representing yourself in court. Family Law is all about he - say, she - say environment, where the expertise of an attorney will be used to provide bases to such claims. Alimony and Child Support has to have merit in order to be granted under the... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife.

Hi, its been more than 8 month and my divorce lawyer is not able to serve notice to my wife as she is intentionally dodging the service. He has not even able to get court permission for motion of publication. Also, i have a strong feeling that he is lying to me , he is not providing me the copy of... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

If you're dissatisfied with the pace or rigor of representation, why not hire a better lawyer? 8 months of delay for service is ridiculous. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Divorce for New York on
Q: What do I have to do in order to have my maintenance that was awarded to me at trial extended? Nassau County, NY?

The trial was cut short because the judge was no longer going to be a judge due to a 5 million dollar cut to the Nassau County budget. We were in the middle of trial when this happened. I was told that i could start again with a new trial but because I didn't have the money my attorney advised me... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

You say you agreed to the settlement, so I see no way to dispute it by claiming that it was involuntary, if that is what you are implying. If you're seeking to appeal the decision, there are strict deadlines that apply: https://www.nycourts.gov/courts/nyc/family/faqs_appeals.shtml. More details are... Read more »

1 Answer | Asked in Family Law and Divorce for New York on
Q: How do I file for divorce
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of... Read more »

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

with a forwarding address, can the CPLR 3215 g Affidavit of Additional Mailing be amended with new date AND forwarding address? OR, does a totally new Affidavit have to be done?

Michael David Siegel
Michael David Siegel answered on Jan 29, 2019

The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help... Read more »

1 Answer | Asked in Divorce for New York on
Q: I am currently separated from my spouse, married for 5 years. He moved out 4 months ago. I am paying all bills.

the home is not in my name, only his. what are my legal rights to this home? we are not legally separated yet. Can I stay in this house until I am ready to move? As long as I continue paying for the bills? I am waiting for a few years when my daughter goes to college. Should he decide to sell,... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a... Read more »

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