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Michael C. Barrows

Michael Barrows’s Answers

194 total


  • Can someone clarify if my partners lawyer is trying to trick me out of my own counsel?

    I have a case for paternity/support and visitation being drafted up by my ex's lawyer as I was unable to get my own representation in time for the case. As I am willing to provide necessary support I agreed to him drawing up an agreement to submit...

    Michael’s Answer

    I agree with prior counsel's statement. Hire an attorney to review the agreement. Do not rush into anything. You do not have to abide by your ex's attorney's timeline. Take your time. These agreements have lasting effects for years to come.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • Asbestos death/cause of action

    A 57 year old female dies of an asbestos related lung disorder She had worked in the same building for 25 years Asbestos was the only risk factor Worth taking a closer look

    Michael’s Answer

    Sorry for your loss. You should contact a personal injury firm that specializes in asbestos cases. My advice is Weitz and Luxenberg. They are the largest asbestos lawsuit firm in New York. If you need assistance feel free to contact me.

    Michael C. Barrows, Esq.
    369 Lexington Avenue, 2nd Floor
    New York, NY 10017
    (646) 237-7850

    See question 
  • I live on Long Island, NY. Is child support calculations capped at $136,000?

    I am on Long Island, NY. My soon to be ex makes about $165,000. He and his lawyer claim that the courts cap the child support calculations based on a maximum of $136,000 so I wouldn't get anything above that amount unless extenuating circumstance...

    Michael’s Answer

    This is NOT true. Child support is base upon the statutory percentages set forth in the Child Support Standards Act ("CSSA") up to $136,000.00.

    If the combined parental income is more than $136,000 per year, the court has a choice. It could use the same CSSA formula as above for all of the combined income. Or, the court could use the formula for only the first $136,000 of combined income, and then decide how much (if any) of the remainder to award by considering these factors:

    the financial resources of the child and each parent;

    the child’s physical and emotional health and any special needs and aptitudes;

    the standard of living the child would have enjoyed if not for the divorce;

    the tax consequences to each spouse
    the non-monetary contributions that the parents will make toward the care and well-being of the child;

    the educational needs of either parent;

    whether one parent’s gross income is substantially less than the other parent's gross income; and

    the needs of any other children of the non-custodial parent for whom that parent is providing support.

    You should speak and retain an experienced divorce attorney. In New York, the monied spouse pays the non-monied spouses attorneys fees. In you situation, you husband should be required to pay your attorney fees.

    If you wish to discuss this matter feel free to contact my office.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • Uncontested divorce???

    We are going to divorce we dont own any house or have any kids, my husband own a bussiness and i own a car but i dont want any money or part of bussiness and he doent want my car, can we do uncontested divorce and finish this friendly or we cant f...

    Michael’s Answer

    Yea you can file an uncontested divorce.

    If you wish to proceed with an attorney feel free to call my office for a free consultation.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • I am divorced and my QDRO are still being processed. During this time my ex retired from his company that I am pretty sure was

    bought out. He is forced to retire July 31 and starting a new job Aug 1st from the company that bought them. I have a feeling he was given a payout since he was with the company for so long. We were married for 21 years even though our divorce ...

    Michael’s Answer

    The QDRO divides a spouses pension or retirement account pursuant to the parties agreement or a judge's ruling. A buyout is not a retirement account. This buyout may or may not be covered by your divorce.

    Check your settlement/separation agreement, finding of fact and divorce judgment to determine what you are entitled to. If it is not addressed in the agreement then you probably are not entitled to it since it was received after the filing of the divorce action and is therefore separate property. However, if your husband took a "pension buyout", then you may be entitled to a portion of this.

    You should hire an attorney to review post judgment relief.

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  • How long will it take to switch custody if possible?

    Hello! I'm 18 years old and have been living with my father ever since I was 12. He's now refusing to pay for my college, even though he is more than capable of doing so. He tricked me into gettin in his car and drove me home in the middle of my 2...

    Michael’s Answer

    Congratulations on your admittance to Binghamton University. I am an alumni and loved it there as well. This is a complicated matter and you should really speak with a family law attorney. Not only are you seeking a change in custody but you want your father to pay for college. Further, it is your mother who must petition for the change. If could take months up to a year if hearings are involved. There is no black and white answer. Your father's efforts to prevent you from going back to school certainly weigh in your favor as does your desire to switch custody

    If you wish to speak with me regarding this matter I would certainly explore your options.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • How do I enforce non payment of child support?

    Per my divorce agreement, my ex was ordered to only pay 25 dollars/month in child support. He has not paid child support since July 2012. So it has been almost a year since his last payment. How do I report this?

    Michael’s Answer

    You need to file a violation petition in Family Court, Queens County. You can find these petitions online for free or visit the Family Court office of the self-self represented and they will assist you.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • My son turned 21 last year, am I still obligated by the support agreement?

    My son is 22. My daughter is 19. My ex wife had custody of both children. There was a court order for X amount of child support each week. At 19 my son moved in with me and his mother and I verbally agreed that I would now pay her 50% of X. I did ...

    Michael’s Answer

    In New York, child support ends at the age of 21 unless the parties agree to extend support to 22 years of age. Review your judgment of divorce or settlement/separation agreement to determine what age you agreed to.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question 
  • Has the United States ratified the Hague Convention of 1996?

    I'm trying to take a week long trip to Canada , with my children who are currently the subject of a custody dispute. Purpose of the trip is to attend their grandmother's 80th birthday. The defense attorney is citing Schoonheim v. Schoonh...

    Michael’s Answer

    Yes, the United States is a participating country.

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  • Pendente lite motion ever get rejected by the court?

    What factors do the court look at when considering granting pendente lite relief for child support, maintenance, carrying charges, legal fee and so forth? My husband's income more than doubles mine, but he has little or no savings; whereas I do h...

    Michael’s Answer

    It is difficult to provide you with a in depth answer to your question without more facts. You should really speak with an attorney. It seems there are many issues in your divorce (maintenance, child support, use and occupancy of the marital residence, etc). These questions cannot be evaluated in an AVVO answer.

    However, with this with this being said, you should certainly discuss the filing of a pendente lite application with an attorney. I suspect many of your requests would be granted, especially if you have presently have custody of the child(ren), earn less money that your spouse and reside in the marital residence.

    Feel free to call my office for a free consultation. I would be happy to explore these issues with you.

    Michael C. Barrows, Esq.
    Law Offices of Michael C. Barrows
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    See question