Brian Daniel Perskin’s Answers

Brian Daniel Perskin

New York Divorce / Separation Lawyer.

Contributor Level 11
  1. Should I withhold Child support payments until money owed (from buyout of house) is paid to me? Or deduct payments from $ owed?

    Answered over 1 year ago.

    1. Glen P. Malia
    2. Brian Daniel Perskin
    3. Lauren Lisa Hunt
    3 lawyer answers

    You need to file a motion in Court forcing the sale. She is probably being difficult and not really trying to sell the house

    2 lawyers agreed with this answer

  2. My husband has filled for divorce. I need an attorney to represent me in court

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Brian Daniel Perskin
    3. Rachel S. Silberstein
    4. David Alexander Browde
    5. Michael Colin Barrows
    5 lawyer answers

    You are entitled to temporary spousal support and you will receive 50 percent of the marital portion of his pension. you need to answer the divorce summons immediately. You should at least write a letter to his lawyer and say you are contesting the divorce. And file a copy of the letter in court. if your husband has other assets in his name I am sure some lawyers would consider taking your case

    2 lawyers agreed with this answer

  3. Does a NY state divorce decree or IRS law have more authority on who can claim a child as a dependent on taxes?

    Answered over 1 year ago.

    1. Brian Daniel Perskin
    2. Lawrence Allen Weinreich
    3. Daniel Lee O'Neil
    3 lawyer answers

    If you file your tax returns and claimed your kids, I believe the IRS would agree with you based on you being the custodial parent. However, depending on the working in the settlement agreement and judgement of divorce, your husband could file an order to show cause forcing you to sign the appropriate forms to allow him to take the deduction for the child. It seems it was clear that he was suppose to get the deduction and I think ultimately he will win on this issue.

    2 lawyers agreed with this answer

  4. I am a 50 %owner of s S-corp. My parnter decided he wants out .. how do i know what to "buy himout for" thats fair ?

    Answered almost 2 years ago.

    1. Brian Daniel Perskin
    2. Robert V Cornish Jr.
    3. Mark Joseph Guay
    4. Sebastien Gaddini
    4 lawyer answers

    The fairest way is to have your company valued by a business appraiser

    2 lawyers agreed with this answer

  5. Can i file a marital tort in a court in the new state where i have moved to? The reason i ask is because I intend to bring sever

    Answered almost 2 years ago.

    1. Brian Daniel Perskin
    2. Paul Karl Siepmann
    3. Carlos Gonzalez
    3 lawyer answers

    I suggest you contact a lawyer in the Jurisdiction in which you plan to file.

    2 lawyers agreed with this answer

  6. Is Nail and Mail allowed at my spouse's workplace in New York

    Answered almost 2 years ago.

    1. Lawrence Allen Weinreich
    2. Brianne Marie Carbonaro
    3. David Alexander Browde
    4. Brian Daniel Perskin
    5. David Ivan Bliven
    5 lawyer answers

    A divorce summons must be served by personal delivery. Nail and Mail is not allowed, unless ordered by the Court. I suggest you file a motion allowing for alternate service. Based on your brief description, I suspect a Judge would grant this request.

    2 lawyers agreed with this answer

  7. In child relocation cases: When determining child support, Can the non custodial parent factor in variables ...

    Answered almost 2 years ago.

    1. Brianne Marie Carbonaro
    2. Brian Daniel Perskin
    3. Lawrence Allen Weinreich
    3 lawyer answers

    The short answer is no, however, if one party is trying to relocate, it is reasonable to negotiate a reduction in child support due to extra ordinary expenses associated with visiting with a child.

    2 lawyers agreed with this answer

  8. Are we both required to pay bills jointly during the divorce process and he still lives in the same house

    Answered almost 2 years ago.

    1. Susan Kathleen Duke
    2. Paul Karl Siepmann
    3. Lawrence Allen Weinreich
    4. Brian Daniel Perskin
    5. Barbara J. King
    5 lawyer answers

    Until such time as their is a court order on how the bills will be paid, their is no legal requirement for either of you to pay their fair share of the bills. However, my suggestion is for you each to contribute the same amount that you have previously been contributing. The last thing a Judge in Queens wants to hear is one party unilaterlly cut off all support. It will make the person who cut off the funds look terrible before the Judge deciding your case.

    2 lawyers agreed with this answer

  9. What form do I use to petition the court to relocate with minor children (New York)?

    Answered almost 2 years ago.

    1. Susan Kathleen Duke
    2. Brianne Marie Carbonaro
    3. David Alexander Browde
    4. David Ivan Bliven
    5. Brian Daniel Perskin
    6. ···
    6 lawyer answers

    On your own, you can go to family court and the clerks will help you file a petition for relocation. If you have limited or no income, a family court Judge will most likely assign a lawyer to represent you for free. Unfortunately your case will be challenging because the ink seems not to be dry on your divorce decree. It seems your ex husband may have been thinking you were contemplating a relocation and added in the radius clause to your divorce agreemeent. I suggest you get organized and...

    2 lawyers agreed with this answer

  10. I have been legally separation for 13 years, I have been told that after 6 yrs. of separation it becomes a divorce, is it true

    Answered almost 2 years ago.

    1. Howard A. Schwartz
    2. Elena Lynn Greenberg
    3. Brian Daniel Perskin
    4. Susan Kathleen Duke
    5. David Alexander Browde
    6. ···
    7 lawyer answers

    The only way to be divorced in New York is to file for Divorce in Supreme Court.

    2 lawyers agreed with this answer

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