Douglas Shaun Kepanis’s Answers

Douglas Shaun Kepanis

New York Divorce / Separation Lawyer.

Contributor Level 12
  1. Are child support and maintenance obligations retroactive to the date of divorce filing?

    Answered over 1 year ago.

    1. Douglas Shaun Kepanis
    2. David Alexander Browde
    3. Howard E. Knispel
    4. Theodore W. Robinson
    5. Brad S. Margolis
    6. ···
    6 lawyer answers

    I am always amazed at the questions from people on this site who have retained counsel - it makes me feel as if their attorneys are not doing their jobs and informing them of the matrimonial legal process. These questions are basics that should be discussed in an initial consultation. However, to answer your question - these issues are not issues that a Summons will be dispositive of. In order to secure temporary child and/or spousal support, a motion or OSC for pendente lite relief must...

    11 lawyers agreed with this answer

  2. Gifts given during marriage from spouse-to-spouse

    Answered over 1 year ago.

    1. Douglas Shaun Kepanis
    2. Paul Karl Siepmann
    3. Peter Christopher Lomtevas
    4. Marco Caviglia
    4 lawyer answers

    Interspousal gifts ARE marital property. "It is well established that interspousal gifts made during the marriage constitute marital property subject to equitable distribution (see, Brugge v. Brugge, 245 A.D.2d 1113, 667 N.Y.S.2d 180; Chase v. Chase, 208 A.D.2d 883, 618 N.Y.S.2d 94). "

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If the father of my children moved to a diff state, are they legally supposed to go visit him?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Douglas Shaun Kepanis
    3. Morghan L Richardson
    4. Jayson Lutzky
    5. David Ivan Bliven
    5 lawyer answers

    Without seeing your papers, I am only making an educated guess that the court papers provide that he be the one to effectuate the pick-up and drop-off of the children for visitation. As such, if he is in a different state, he still must assume the responsibility of the pick-up and drop-off. Now, that being said, if the state is one in which he would have to provide air transportation to have them visit, this will likely affect the actual visitation schedule and the parameters thereof. Has he...

    8 lawyers agreed with this answer

  4. I WAS AWARD MAINTANCE IN THE AMOUNT OF 400.00 A WEEK UNTIL MY DIVORCE IS OVER HOWEVER THE DEADBEAT IS ONLY PAYING ME 300.00/W

    Answered almost 2 years ago.

    1. Douglas Shaun Kepanis
    2. Jayson Lutzky
    3. David Alexander Browde
    4. Howard E. Knispel
    5. Maria C. Tebano
    5 lawyer answers

    You should file a Motion (or Order to Show Cause) for enforcement and contempt in the Supreme Court (if it is a divorce action) OR a Petition (or Order to Show Cause) for enforcement and contempt in the Family Court (if the case originated and is still being heard there). Without additional facts, that is all that can be stated. Please consult an attorney.

    8 lawyers agreed with this answer

  5. Will the judge penalize me if I don't attend a status conference for my divorce case if my attorney is there for me?

    Answered 11 months ago.

    1. Douglas Shaun Kepanis
    2. Bruce Provda
    3. Eric Edward Rothstein
    4. Peter Christopher Lomtevas
    5. Robert B. Pollack
    6. ···
    8 lawyer answers

    Normally, in order to have a meaningful conference regarding a case, the Court requires all parties to be there so that issues can be discussed by the parties actually involved (not just their attorneys). However, your attorney should write a letter to the Court and adversary explaining the situation and request that your in-person appearance be waived (however, you will still have to be on standby via telephone).

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  6. My wife's attorney told me I don't have to respond to divorce motion and action for divorce within 20 days?

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. Douglas Shaun Kepanis
    3. David Alexander Browde
    4. Kevin H. Pate
    5. Yefim Rubinov
    5 lawyer answers

    Why are you listening to your wife's attorney? If there is a motion pending, you need to be prepared to submit opposition papers. You also need to submit a Verified Answer to the Complaint. Please retain an attorney ASAP

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I inherited $30,000.00 from a aunt and put it in a joint bank account with my eldest daughters name on it as well.

    Answered 3 months ago.

    1. Douglas Shaun Kepanis
    2. Eric Edward Rothstein
    3. Bryan Lane Berson
    4. Brian Daniel Perskin
    4 lawyer answers

    Whether or not it is "marital" or "separate" property, it is an asset and must be listed. Please retain an attorney - a Sworn Statement of Net Worth is a document signed under the penalty of perjury - please do not attempt this yourself.

    7 lawyers agreed with this answer

  8. I am pro se and filed an OSC on the EX for emergency relief. He must submit his reply on Dec 30. Do we appear in court that day?

    Answered 10 months ago.

    1. Douglas Shaun Kepanis
    2. Jack Richard Lebowitz
    3. Eric Edward Rothstein
    4. Michael T Warshaw
    4 lawyer answers

    Did you file an Affidavit of Emergency? Did you ask for a TRO? Did you give your ex and his attorney 24 hours notice pursuant to the CPLR for emergency TRO's? You must contact the Courtroom of the Judge to find out if an appearance is required. If it truly is an emergency OSC with a request for a TRO…it is likely you will be required to appear.

    7 lawyers agreed with this answer

  9. I ALREADY HAVE FULL FINAL CUSTODY OF MY SON AND WANT TO FILE FOR DIVORCE FROM HIS MOTHER WHO I HAVE BEEN SEPARATED FROM FOR

    Answered about 1 year ago.

    1. Douglas Shaun Kepanis
    2. David Zaslavsky
    3. Peter Christopher Lomtevas
    4. Susan Kathleen Duke
    4 lawyer answers

    Even with a final order of custody, in any case in NY, the person without custody can file for a modification of custody. As such, if you have had sole custody of your son, it is unlikely to change unless there has been a substantial change in circumstances such that a transfer of custody would be in your son's best interests. However, this does not stop your ex from filing to seek such a change - which will cause the Court to assign a law guardian and will likely increase both the length and...

    7 lawyers agreed with this answer

  10. Divorce trial date

    Answered over 1 year ago.

    1. Douglas Shaun Kepanis
    2. Jean M. Mahserjian
    3. David Ivan Bliven
    4. Marco Emanuele Fava
    4 lawyer answers

    Once a trial date is set, the Court must give permission to adjoun the trial date. The attorneys cannot merely agree to move it and it is moved...the court must grant permission.

    7 lawyers agreed with this answer