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Jayson Lutzky
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Jayson Lutzky’s Answers

7,084 total


  • What is a petition for amendment in a divorce case and the time frame for its compliance?

    When you file for a no contest divorce and the other party asks for a petition for amendment, what does it mean? Also, what is the time frame for its compliance? Can someone explain the procedure please? The divorce was supposed to be finalized n...

    Jayson’s Answer

    Time to retain counsel since NY does not have petitions to amend in a divorce case. Petitions are in family court and motions are in Supreme Court.

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  • Does the application for an index number stop your spouses right to the rest of your pension from the time it is filed forward

    I want a separation from my spouse but if we divorce she loses my health insurance. I would rather her have my insurance for as long as the index number last. How often can an index number be renewed? Does an index number stop the clock on my pen...

    Jayson’s Answer

    The filing of the index number (commencement of the action) normally cuts off the spouse's right to your pension provided you follow through with the divorce. Consult with an experienced divorce lawyer to assist you.

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  • My son is still married 5 trs wife left him 4 yrs ago he has a 5 yrs old son

    she has harressed him sent him to hospital with 5 staples in his head had her friends beat him up.now a DNA was done results not in yet..where do we go from here

    Jayson’s Answer

    A divorce would be appropriate when the parties are separate and there are domestic violence issues. You may want a consultation with an experience divorce lawyer. Criminal charges may also be in order along with an order of protection.

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  • Is there a way to make separation agreement thats only temporary and not used for divorce?

    Basically I want only a separation agreement temporary so that I could see my kids etc. I don't want it to be used for the divorce in court. What can be stated on the agreement so that it won't be used for divorce? Could it be stated that "this i...

    Jayson’s Answer

    Instead of a separation agreement you can have an agreement limited to custody and visitation. Your spouse can use the separation agreement in a divorce action. It is best to consult with an experienced divorce/family law attorney to assist you.

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  • Can my daughters father win custody after I was already granted full custody juat last summer?

    I juat received court paper in the mail from my daughters father. He wants to go back to court to fight for custody and for me to have visitation like he does now. I believe hes doing so because im going to move my daughter in with me and mt husba...

    Jayson’s Answer

    Custody can be litigated in NY until the child is 18 years old. It is best to consult with an experienced lawyer to assist you. The law in NY is gender neutral both mothers and fathers can be granted custody. All the facets of your life, the father's life and the child's life is relevant to a custody battle.

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  • Defenses to child support arrears suit based upon prior agreement.

    Ex wife and I made agreement to make custody equal and to lessen my child support obligations 5 years ago. Now she is suing me for arrears. Any possible defenses? Equitable estoppel? Laches? Waiver? The agreement did not become part of the order. ...

    Jayson’s Answer

    Rather than trying to practice law and learn about equitable estoppel, laches, waiver and other legal topics. Spend your time finding a competent lawyer to assist you and prepare the appropriate petition or negotiate the best deal possible based upon your prior paperwork.

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  • IF AN ATTORNEY ASK YOU TO GIVE THEM ALL THE DOCUMENTS YOU HAD PREPARED THROUGH A DIVORCE SERVICE CAN YOU ASK THEM THE SAME?

    KINGS COUNTY NEW YORK. I FILED FOR DIVORCE IN DEC 13 SPOUSE WAS FINALLY SERVED IN MARCH AND WITHIN THE 41 DAYS SHE GOT A LAWYER. NOW THE SPOUSE ATTORNEY WANTS ME TO GIVE HIM ALL THE DOCUMENTS I HAD PREPARED THROUGH A DIVORCE SERVICE. SHE REFUSED...

    Jayson’s Answer

    It is best to have an experienced attorney assist you instead of a "divorce service." Try not using the cap lock key when typing.

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  • Do I need a Child Support Lawyer?

    My ex has moved all over the country (US), Child support has yet to find him, when they do, he moves again. How can I get support taken out of his taxes, when he files? His daughter is now turning 15, and he has only paid maybe a total of $2,000 s...

    Jayson’s Answer

    Best to have an attorney prepare a petition for willfulness, judgment , interest and legal fees.

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  • If there is no court order for custody and I move out of the family home with my child, can my husband take the child back?

    Is a petition for custody needed to prevent my husband from taking our child to live with him?

    Jayson’s Answer

    If there is no order for custody, then either one can move out with the child. A better suggestion is first sit down with an experienced family law attorney to discuss the matters of custody and child support.

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  • I have an open child support order with my ex-husband, who has not really paid much in the past 10 years.

    Our children are now 21, 19 and 15 years old and have kept the lines of communication open with him throughout the years. We struggled a lot and I once resented him. Today, my life is a bit different. I'd like to cancel the $50 per month I am r...

    Jayson’s Answer

    Before you waive arrears you should speak with a family lawyer attorney.

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