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Lloyd C. Rosen's Answers
Contributor Level 14
- 380 Legal Answers
- 2 Legal Guides
4
Attorney answers:
WHAT AGE DOES A CHILD STOP GETTING SUPPORT WHILE IN COLLEGE
One little detail of your question which needs to be addressed is the idea that the child is getting the support. Technically, under most circumstances, the custodial parent (not the child) will receive the support from the non-custodial parent. Child support in New York is payable until the child reaches age 21, unless the child is sooner emancipated. A child attending college would usually not be deemed emancipated, unless, for example, the child works full-time while attending college and...
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Attorney answers:
Judge awarded husband home in divorce wife refuses to sign quit claim deed procedure under NY state law
Read your judgment of divorce very carefully with regard to the distribution of the marital residence. If you were awarded "exclusive occupancy" of the marital residence, this would mean that you have the mere right to OCCUPY the house for a period of time, and at the termination of that period of time, the house would have to be sold and the net proceeds divided in a manner directed by the Judge. If this is what the judgment says, your ex-wife may indeed be entitled to half (or some other...
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1
Attorney answers:
If there are two children & each parent has one child after divorce does the father still have to pay child support?
Actually, the most common resolution employed by the Court in a "split custody" arrangement such as your is to calculate each parent's child support obligation for the child in the custody of the other parent, and to offset the two, resulting in the net difference being paid by the parent with the higher income. If both parents have equal income, this would result in a "wash", but if either parent earns more than the other, the parent with the higher income will pay the resulting difference to...
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2
Attorney answers:
Has my petition for custody modification been filed too late?
You say you thought about filing a petition of your own, but do not say what type of petition. The custodial parent wants to reduce your visits - what petition do you want to file in response? It may not be necessary if you only wish to fight his petition to modify. If you wish to make modifications of visitation as well, you also may not need to file a petition depending on the relief you are seeking. Unfortunately, it seems that your attorney may not have been giving your matter...
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Attorney answers:
As a noncustodial parent paying child support what are my obligations if I get an increase in pay?
Your "obligation" is to comply with the existing order of support. Anything you pay above and beyond that is entirely at your option and discretion. You need not petition the Court at all if you wish to pay more, just pay more. However, be careful that if you voluntarily pay more you may be setting a precedent for a level of payment that you may not be able to continue making in the future. Rather than paying additional money to your ex-, why not simply put the money aside for your child(...
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Attorney answers:
Is an inheritance received prior to divorce considered community property in state of NY
New York is not a "community property" state, it is an "equitable distribution" state. In regard to your question, in New York, anything acquired by inheritance, either prior to or during a marriage, is deemed the separate property of the party receiving the inheritance to which their spouse would have no claim in equitable distribution. However, if the inherited funds are commingled with marital funds (for example, deposited into a joint bank account or maintained in a separate account into...
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Attorney answers:
How do i get full custody of my child while 6 months pregnant?
The Court is not likely to do anything until your child is born. Assuming the father knows about the pregnancy, you may want to talk with him before then, and determine if he will object to your planned relocation. If he consents, there is no problem. If he objects, you will need to go to Court after the child is born and request an order of custody and permission to relocate. If you believe it will be necessary for you to go to Court, I highly recommend you consult with an experienced...
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Attorney answers:
How will child support be calculated
If he has an existing order of support, figure out what his obligation pursuant to that order is for a year. Start with his 2010 salary. The Court will not use a lower income when he lost his job because of a domestic incident arrest. Subtract the child support from his annual salary to determine his gross income. Using that amount, refer to the calculation described in my Legal Guide entitled "How to Estimate a Child Support Obligation in New York". You can search for this guide in AVVO....
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Attorney answers:
Is household income calculated in child support if the child lives in PA and we live in New York?
If the child lives in Pennsylvania, the child support obligation may be set pursuant to Pennsylvania law, depending on where the custodial parent resides. Pursuant to New York law, the income of a spouse is not typically considered unless the child support payor is being supported by their spouse., in which case, some of the spouse's income can be imputed to the child support payor. This can become a complex issue, and would be highly fact sensitive. Please consult with an attorney regarding...
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3
Attorney answers:
Can i ask to vacate seperation agreement and pursue a unfair monitary award-cruel treatment
Seeking to vacate an agreement is a very complicated process, and requires a lawsuit alleging various grounds for doing so, such as fraud, duress, or unconscionability. You should consult with an attorney. Be sure to bring all relevant information and documentation to any attorney you ask for advice. LEGAL DISCLAIMER Mr. Rosen practices matrimonial and family law in Great Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is...
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