Barbara Jo Strauss's Answers

How do i file a counterclaim? i was just served divorce papers and dont have any idea how to respond

It is important that you seek at attorney and have your attorney file an answer on your behalf. Since October, 2010, an individual in New York can file for divorce without claiming fault on the other side. Thus, once the issues of child support, custody and equitable distribution are resolved your husband can get a divorce based upon irretrievable breakdown in the relationship even if there was no fault on your part. If you wish to do so, your attorney can file a counter claim based upon...

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My husband and I are probably separating. He moved out of state 2 months ago. Where should I live to help get full custody?

A custody action will need to be filed in the state where the child lived for six months preceding the action. Thus, New York State is the appropriate forum. However, if neither your husband or yourself are living in New York, that does not apply. If you want the outcome to be that you can stay with child in Florida, and litigate custody in Florida not NY, it might be wise to move now and file in Florida while your husband is living in Ohio. Otherwise, if he comes back to NY before...

My girlfriend is 16 and pregnant, I am 21 and the father, Can i sign the birth certificate?

Even if the parents and your girl friend consent, you can be charged with statutory rape for having sexual intercourse with a woman under 17 while you are over 21 if it is brought to the attention of a prosecutor or police agency that you made an admission. For example, if you go to Court to seek visitation a Judge could make a referral to the District Attorney. On the other hand, if your girl friend and her parents all are positive about the relationship, I expect that there will be no...

NY State Child Support Laws : Downward Modification of Child Support

Arrears in child support can not be vacated by the Court. However, you can not be held in willful violation if you prove you do not have the financial ability to pay and there is a cap on how much can be garnished. Your only recourse to change the order is to again file a motion for modification of support. If it is denied, file objections with the Family Court. If the order still goes against you, you have the right to bring an appeal to the Appellate Division.

I am getting a divorce, will my wife be intitled to part of my Social Security benefits

Your Social Security Disability benefits are separate property and (unlike a retirement pension acquired during the marriage) are not subject to equitable distribution on divorce. On the other hand, such benefits can be considered by the court in determining child support. Furthermore, if you have additional income from other sources and your total income is much greater than your spouse, the court will look at the total income including social security in weighing whether or not to award...

Same sex divorce

A same sex marriage which was validly entered into under Canadian Law will be recognized in New York. You may file for divorce in the Supreme Court of the county in which you or your spouse resides and the same procedure would apply as for a divorce between a man and woman. There have already been several divorces actions commenced in New York between same-sex couples who were validly married elsewhere. Furthermore, there have been decisions by Appellate Courts in New York specifically...