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New York Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2023

Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More

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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
PREMIUM
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... View 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... View 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... View 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... View More

Howard E. Knispel
PREMIUM
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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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... View More

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 30, 2023

Unless you waived the option to have the right to seek a modification every 3 years or upon a 15% change in the payor's income, you can seek one whenever it is warranted. You can always seek a modification based upon a change in circumstances, such as the needs of the child have changed. If... View More

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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?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 4, 2023

It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More

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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... View More

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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
PREMIUM
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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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.

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Dear New York Tenant:

You do not owe rent to your husband, and if a victim of domestic violence you have special rights to seek to cancel the lease. Leave the notion of paying a share of rent up to the divorce court. Your husband does not have a cause of action to compel you to pay and if...
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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,... View More

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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... View 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... View 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... View More

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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1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Divorce for New York on
Q: I am in New York, I pay my ex-wife spousal maintenance. She remarried do I have to continue to pay her maintenance.

In divorce agreement it says I have to pay until December 2024. Shortly after her marriage her new husband died and left her a house and everything he owned.

David P. Badanes
PREMIUM
David P. Badanes
answered on Feb 18, 2024

I would have to see the exact language in the agreement. However, typically, once an ex-spouse re-marries, you no longer have to pay spousal maintenance.

2 Answers | Asked in Bankruptcy and Divorce for New York on
Q: Chapter 7 and divorce

I filed Chapter 7 in May last year. I am also getting divorced. I have a chapter 7 deposition coming up. Now creditor is asking for all the divorce documents including my children's social security numbers. Do I have to provide my children's social security number or is there a law... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2024

You have to provide that information.

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3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 11, 2024

The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Had a child while married (not husband’s child), can I file uncontested divorce as there will be no issue of support?NYC

Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 24, 2024

The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.

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1 Answer | Asked in Divorce for New York on
Q: the law regarding my premarital home sale profits used as downpayment for a martial home. Can I get downpayment back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 15, 2024

If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back

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