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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: Can one parent change the kids health insurance without the other parent’s consent?
John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

It depends on the Settlement Agreement, Court Order or Judgement of divorce

1 Answer | Asked in Divorce and Family Law for New York on
Q: Legal aid divorce

I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

They would be in the best position to advise you on that

1 Answer | Asked in Family Law for New York on
Q: This is a child support question: I live in New York, my son's father recently married and moved to Pennsylvania.

before he moved he was providing regular payment bi-weekly (non court ordered). He then quit his job and his wife kept hers. He claims he thought he could find a job easily in his new town but it has been almost 6 months. He only picks up my son every other week from saturday-sunday afternoon and... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 7, 2019

You need to file a petition for child support in Family Court. The court will impute an income to him - meaning that he will be determined to be capable of earning a certain amount of money and the child support award will be based on that imputed income. His wife's income is considered as... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can a lawyer serve papers after a date that was given by Judge?

Judge ordered Defendant lawyer to serve the Plaintiff (whom doesn't have a lawyer) discovery demand papers on or before Oct. 25th, so the Plaintiff can respond on or before Nov. 15th. The served papers were sent by Defendant lawyer via first-class mail (no registered mail or signature requirement)... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 5, 2019

It is a minor violation of the order and not an ethics violation. If you need more time you can take the extra days to respond and explain what happened if it becomes an issue. One way or the other discovery has to be done.

1 Answer | Asked in Family Law and Adoption for New York on
Q: Me and my wife would like my step daughter to have my last name,she wants to change it also.

She has met her biological father once and he is usually mia and wants nothing to do with her. Hes currently incarnated(hes looking at 15yrs) and has never paid any child support.my daughter is 14 yrs old and has had me in her life since 10 months old. Do we need his signature?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 5, 2019

Based upon everything you have said, I would suggest adoption if the father will cooperate.

1 Answer | Asked in Family Law for New York on
Q: Need help keeping spousal support order intact. I'm on disability need help

Ex petitioned the court went to court on the 30th of Oct. Was awarded $500 per month back in march of 2019. Ex wants it reduced and haven't been getting anything nowhere near the amount awarded. 0 month of July maybe 1 payment for August of 120 or 150. Nothing for September and 200 for October and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 4, 2019

y\You can file a violation petition. Until the order is changed, the order remains in full force and effect. For there to be a change to the order he would have to show a change of circumstances.

1 Answer | Asked in Divorce and Family Law for New York on
Q: co-owned vehicle in a divorce in NY State

I own a car with my wife that is fairly new, it is worth ~$23,000 and the loan remaining is $13,000. she wants to keep the car, and I am OK with that but want my name off of both the title and bank loan and I want to her to buy me out for the difference owed and worth divided in half ($5,000). 1)... Read more »

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

The only way your name will come off the bank loan is if your ex to be takes out a new loan in her name alone or the current bank agrees to it (which is unlikely). As for the missed payment, you can make the payment and claim reimbursement for it as part of your settlement (as it affects your... Read more »

3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 1, 2019

Sounds like it is a marital debt

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2 Answers | Asked in Family Law for New York on
Q: Paternal Rights? Our son, who is active duty military, and his wife live in NY. They were married earlier this year

in NY and are now expecting a child. She has left NY in August (at 6 months pregnant) to be closer to her family (against our sons wishes) for "support". She is now telling him that she would rather be single. The baby is due in a month. There is no separation agreement. What should he do and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 31, 2019

He has no rights at this time as the baby has not been born. Once the baby is born, he would have to file for custody and/or visitation in the state where the baby is born. As he and the mother are married, he is the father or the child and would have the rights of a parent. He should speak to a... Read more »

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2 Answers | Asked in Family Law for New York on
Q: restraining order

I want to get a restraining order against someone in New york but they are currently traveling outside the country and I don't know when they will be returning

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 29, 2019

For a restraining order to be effective, the person restrained has to be served. If the person is out of the county unless you can serve them the order is ineffective until they can be served. If they will be out of the country for an extended period of time, the case may be dismissed before you... Read more »

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2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: Can I file a petition to have legal parental right to my boyfriends baby ?

I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 25, 2019

In NY you can

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1 Answer | Asked in Divorce and Family Law for New York on
Q: Do I need legal representation to recover my entitled amount of my ex husbands retirement?
Nina Mironenko
Nina Mironenko answered on Oct 24, 2019

If you are already divorced, you need to have included your right to your husband's pension/retirement benefits in your settlement agreement, or if you had a trial - the right to those benefits in the decision and order. If you did in either case, then you most likely need a Qualified Domestic... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: My mom in the middle of a divorce and passes away. no will. a restraining again my stepfather.

She had 5 children first three with her first husband last two with the stepfather. what are the children's rights and their inherit according to New York Law? dose stepfather had all the power over their real estate even with the active restraining order in place. Will he have all the power to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

The question is where were they in the divorce process. If they had come to an agreement, then that would control. If they were truly in the middle, then your mom is considered married retraining notice or not. Without a will, all the children would share in her estate according to law.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: What should I do of my neighbor is harassing me because of my autistic child playing in my appartment?

Good evening,

I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Litigation for New York on
Q: Who gets the dog and what are my rights?

A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 20, 2019

It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.

1 Answer | Asked in Family Law for New York on
Q: In New York, is there a right to a jury trial in a divorce action? if yes

give me the cite of the statute which answers the question

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 20, 2019

The only time you can get a jury trial in a divorce action is when the complaint is for adultery and it is only the grounds that allow for the jury trial the equitable distribution part of the trial is before a judge only.

1 Answer | Asked in Family Law for New York on
Q: Would it be legal for a 17 year old to legally run away with a 20 year old with no repercussions on either of them
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 20, 2019

A 17 year old is still a minor under NY law.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: How far can I move without the father’s or court’s permission in New York? I want to move far before filing for custody.

I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 16, 2019

That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.

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2 Answers | Asked in Family Law for New York on
Q: Domestic partner nys

Does domestic partnership have to be filed or is it automatic when people live together and can partner make medical decisions

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

Domestic partnership only deals with certain rights such as being placed on the partners insurance, it does not give you the right to make medical decisions for which you would need a health care proxy.

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: How do you search someones case history in nyc?

For example you can use this website in Maryland http://casesearch.courts.state.md.us/casesearch/processDisclaimer.jis

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

Some cases are confidential such as all Family Court cases and all Divorce cases. Beyond that you would go to e-courts and click on the court that the case is in and then enter the name you are looking for. You will get limited information on line.

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