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Mary Katherine Brown
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Mary Brown’s Answers

8,382 total


  • So can I sue him

    My brother asked me to take to take his daughter she was in Department of Social Service the mother gave me custody of the child my brother pay child support he asked me could carriage Child on his taxes I told him no but he did it anyway so can I...

    Mary’s Answer

    No, would not likely be successful in a lawsuit for that reason; however, if he improperly claimed a tax deduction the IRS may disallow it.

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  • Do I have to pay child support for the past 14 years?

    Hello, I recently found out that I may have a daughter and she's now 14 years old. Her mother never tried to communicate with me and I never knew about her. I wish to go for a paternity test, but am afraid she will use the results( if pos...

    Mary’s Answer

    Probably not, but you should talk the situation over with a local attorney because there are many things to consider besides just child support.

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  • Am I able to have a family/friend represent me in family court to modify a visitation order instead of hiring a lawyer?

    Not wanting to hire a lawyer but I want a family/friend to represent me in family court.

    Mary’s Answer

    No, this is not permitted--you need to have a lawyer represent you.

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  • How do a give a 30 day temporary custody

    I have a son and he's biological father has not been in the pictures and not on the birth certificate. And I have been with my boyfriend before my son was born and my son Is all he knows and I have to Go and stay that the hospitals for 30 days a...

    Mary’s Answer

    Most likely if you expect a long stay but a good outcome, you don't need to give "temporary custody" you just need to give him a notarized letter authorizing him to temporarily care for your child while you are in the hospital. I suggest you ask the social worker at the hospital what they recommend--they may even have a form you can complete and sign in the hospital. If there's a chance you might not survive the treatment, then you need to take the matter much more seriously and contact a local attorney to prepare formal paperwork for you. Good luck!

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  • What is the cutoff date of a marriage in NY for pension valuation? What benefits are subject to equitable distribution?

    I was married to a New York City Police Officer for almost 14 years - 10 of which while he was actively employed by the NYPD. I recently had him served for a divorce. How much of his pension can I expect to receive and how is the cutoff date for p...

    Mary’s Answer

    The portion of the pension that would be considered "marital property" is whatever accrued from the date of marriage to the date you COMMENCED the divorce. It doesn't matter that you fought and "separated" briefly in the past, although if you had a long separation, that might be considered in determining the percentage of the marital property to which you are entitled. I suggest you discuss this with an attorney in detail before you get any further into your divorce. Good luck!

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  • Why I have to divide my own properties?

    We got married overseas, now we live in the US, my wife is American and I enter to the US based on that marriage, nothing about property division in my marriage contract, now we want to divorce in new York.

    Mary’s Answer

    Unless your "marriage contract" is a pre or post nuptial agreement valid and enforceable under NY law, what it does or does not state will not be determining factor for a NY court in deciding what property is marital and how (if at all) it must be divided in a divorce. As the other attorneys have pointed out, NY may consider ANY property (or increase in value of pre-marital property) that accrued during the marriage as "marital" for purposes of equitable distribution. So, I suggest you consult with an attorney directly for specific advice pertaining to your situation before you proceed with your divorce. Good luck!

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  • If i get divorce do they go only by W2 form, from 2015,for child support and alimony. or they check pay stubs, too.

    Planing to divorce in New york im 54 married 28 years. Need to do Overtime will i hurt my case.

    Mary’s Answer

    If you have done overtime in the past, then doing it again probably won't hurt your case, and it may help your pocket. On the other hand, if you don't have a history of doing overtime work, you probably should not create one while financial issues (especially child support) are pending in the court. Generally, the court or the opposing party will explore your financial circumstances in detail before a final settlement/order is done. That said, it would be foolish to base your divorce strategy on nothing more than a bit of anonymous online advice. Better, contact a local attorney for a consultation wherein you can discuss all your confidential circumstances and receive specific, detailed advice. Good luck!

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  • What can i do to win custody? can i get my daughter back?

    i live in ny state and the mother of my child moved to another state. we were in court for custody and the judge said she wasnt allowed to move. now she denies me my visitation rights.

    Mary’s Answer

    If you have been to court to get a judge to say the mother is not allowed to move, then you probably have some sort of visitation schedule set up already. If the mother is not abiding by this schedule you must make an application to the court for enforcement, and depending upon the circumstances, it may be appropriate to ask for a change in the visitation schedule or a change of custody. I suggest you arrange to meet with an attorney to have all your court papers reviewed and to discuss your situation in detail. At that point, you should be able to receive specific, helpful advise about how to proceed. Good luck!

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  • What is the best way to go about requesting to relocate again?

    3 years ago I tried to relocate from New York City to Texas.... My motion was denied. Last year my child's father agreed to let her attend kindergarten in Texas ...: we never went back to court we just had a paper notarized.. The school year is up...

    Mary’s Answer

    If the father is opposing the move, then you will need to go back to the court that last issued an order concerning custody or relocation, and if there has never been an order, then to the court in the location where you have lived with the child for the past 6 months. I suggest you arrange a consult with an attorney to fully review your situation and so you can get specific advice about strategy and legal procedure before you say too much to the father. Good luck!

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  • Can A Final Order Of Custody Be Changed If A Referee Had It Done?

    For six months a couple goes back and forth to court to find out who gets custody of their child. In the end they both sign a final order of custody that says that dad has the child Monday- Friday and Mom has the child on the weekends. Seven month...

    Mary’s Answer

    Usually, the parties must sign a consent to have a Referee decide a case; however, if the parties stipulated to an agreement and then the Referee "So Ordered" it, the document would be enforceable and valid as if it had been signed by a Judge.

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