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Jayne Leslie Brayer

Jayne Brayer’s Answers

16 total


  • I left my husband ,obtained proof of his adultery and purchased a house using my separate savings from my personal assets

    In couple years after I left my spouse he start new relationship and filed for a divorce claiming my house.(joint ownership with my daughter) He has stable income working for company with benefits,I am unemployed,no benefits and living on my sav...

    Jayne’s Answer

    There are a couple of factors the court would consider. Was the house bought before the marriage? Is there a mortgage? Were any mortgage or down payments made with marital funds?

    Once you marry, all money made or received as income (not gifts or inheritance ) is joint property and subject to equitable distribution in NY.

    As for adultery you could claim this as a counter claim depending on how far into the case you are. It is extremely unlikely that this will be a factor in the Courts consideration when considering distribution of marital property.

    Of course, it is important to know how long you were together and whether you have any children together.

    Discuss these issues with your lawyer or consider a second opinion. It is possible that the court will order that he pay attorneys fees but your lawyer should put in a written motion asking the court to order fees.

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  • Lawsuit settled in march in Bronx ny

    Settled out of court we r wating for Medicare to respond to how much we owed them we have the amount from medicad so how long more do you think we have to wait for us to get any money?

    Jayne’s Answer

    Your lawyer will need to get a final lien letter from Medicare. This information can now be accessed on line through the portal.

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  • Can the Judge impute income ??

    I'm a board certified internist & my Husband is a cardiologist . We've been married for 20 yrs & have 2 boys 14 & 11 yrs old. From the time I started I 've always worked part- time .This was because my husband being on call & working long hour...

    Jayne’s Answer

    Absolutely. Imputing income is discretionary. The amount is also discretionary, but would be based on income you would expect to make if you worked full time in your field. You should speak with an experienced attorney; someone who is extremely prepared and persuasive. Nothing is a guarantee but the right attorney could increase the likelihood of a favorable outcome.

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  • How can I collect on fifteen years of back child support after twenty years in New York NY.

    At three years old I put my then husband in the NY court for child support. He paid the first month and never paid for the next fifteen years. When my daughter entered college I put him in court in New Jersey and he tried to stop it when she tur...

    Jayne’s Answer

    The clock is ticking. My suggestion is to wait no longer. Consult an attorney and file a petition ASAP.

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  • SPOUSAL SUPPORT, WHEN, IF ANYTHING, ARE YOU ENTITLE TO IT?

    I know a woman that been married for almost a year, the end of this month. The husband lefted her, she doesn't know where he's staying at, at the moment ,he changed his cell phone number, email, etc. They don't have kids together. Can she get sp...

    Jayne’s Answer

    I would say she probably would get little if any support. The marriage was short term and the Courts most probably would not award spousal support. Factors such as her earning potential, income, education and work experience would be considered. Is she a student? I ask because if she went back to school full time during the marriage and relied on his promise to pay her expenses while attending school, she could possibly get some support. More information would be needed.

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  • My domestic partner and I are separating for two weeks; I am leaving; our two daughters, 12 and 9, are staying with mom.

    Can this be considered abandonment? What are the future legal repercussions, if any? The separation was mutually agreed upon.

    Jayne’s Answer

    Are you legally married. You say your domestic partner. If you are legally married, the 2 weeks away is not long enough. However, a no-fault divorce is an option.

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  • My daughter's husband is a batterer. She brought him into US, has two minor children with him. Can i report him to immigration?

    He has four arrests for domes. Viol.with no convictions. Right now he has a warrant where the police is looking for him. He went to another state but he knows about complaint and was supposed to turn himself in. He also has two DWI open cases. In ...

    Jayne’s Answer

    Yes you can report him to immigration.
    Your daughter should also go to family court and file a petition for an order of protection. She is more likely to get one there then in Criminal Court.

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  • Want custody of my grandchild

    Child protective services took my granddaughter from hospital when we petitioned child protective services they showed to my home with themselves n six police officto telle they don't no where my granddaughter is n then sent two detectives two ho...

    Jayne’s Answer

    Do you want custody and think it is in the child's best interest? If so, you should file for custody of your granddaughter. I strongly suggest you hire, or at least consult with an attorney with experience in custody cases. Good luck.

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  • Moving out of state for a new job do I have to notify the court?

    I'm also moving out of state in 30 days will that be a issue for the court if I move out of the state from the case? Since I'm no longer employed and the new job starts out of state but I have to complete a 30 day training course. Will I have to...

    Jayne’s Answer

    I am a bit unclear. You will be moving out of state. Does this mean you are not going to appear in 3 months? That is not advisable.

    If you plan to appear, you should still provide the court with your updated information if you have a new address. It is necessary in case the court needs to mail you anything.

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  • How can I vacate a criminal court ordered order of protection?

    My mom and I had an argument , I said she hit me , She wasn't charged with that . She was charged with disorderly conduct still they made her sigh an order of protection so she cannot be around me . Now she is not allowed to come to our house ...

    Jayne’s Answer

    Tell the assistant district attorney handling the case.

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