Peter Christopher Lomtevas's Answers

Is there a difference between a legal separation and a separation agreement under NY divorce laws

Having entered into a separation agreement in New York means you are working your way to a divorce based upon the ground of "living separate and apart pursuant to a separation agreement". An action for divorce can be commenced one year after you enter into such an agreement. The advantage of this ground is that it shoots three birds with one stone: grounds, custody and finances. All three are decided up front and contained within the separation agreement. The big fraud typically pulled...

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Paternity test revealed that child is not mine, i owe back child support under CA law what can i do to appeal child support

In our American society, the state does not care whether you are the actual biological father of a child. As long as an order of support was entered and the state got federal child support enforcement matching funds, that's all that matters. There's even a new fiction out there in many states: it's called paternity by estoppel. That's where a man teams up with a mom who has other males' children and then is stuck paying their child support to the mother when that story ends. There is even the...

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My daughter has reported me to child protective services 4 times, what can I do to stop CPS from repeated investigations

The most revolutionary enactment in our nation's history is the CAPTA apparatus. It has spawned more fraud, more child abuse and more financial ruin than any other federal enactment in our nation's history. Even prohibition did not yield results like CAPTA. Congress all of a sudden became the nation's au pair, the baby sitter of all baby sitters. They packaged huge sums of money for child protection. So, at the slightest allegation, the local government earns huge sums of federal money for...

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Uncivil court.

This is the first instance I have heard where the judge is personally referring litigants to specified lawyers for continued litigation. No. A judge cannot order you to be divorced because a judge is limited in his authority to deciding cases presented to him in the petitions that are assigned to him by the clerk and rendering those decisions in the from of “orders”. No clerk presented to him a petition for a declaration of whether you should be divorced or not. So the judge is way out of...

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How can you prove Parental Alienation and repair the damage?

You can thank the Child Support Standards Act and its follow on legislation (the Bradley Amendment among others) for your plight. Parental alienation is considered "junk science" by appellate division certified psychologists because they engage in parental alienation as a function of their jobs. They have to split a family in order for child support to commence so that the state can get federal child support enforcement funds. This means the judge will not react to allegations of parental...

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My ex-husband recently lost his job, am I entitled to collect back child support once he is working again

The short answer is "sure". You are entitled by law as enforced by a serious, national collection apparatus to every penny of your support due for your child. However, the longer answer is that it may not be so easy today. I hate to mix politics with law but our government makes a separation of the two impossible. Today's American economy rides on the back of the non-custodial parent who is teetering on the brink of incarceration. This "working stiff" has to support two households: the...

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Lost custody

It appears you have touched upon procedural rules in effect in our courts. However, you provide us very little as to details: which court (Brooklyn Family Court)? As a litigant in family court, you cannot take a cavalier attitude and not appear in court. Any Referee or Judge will flip custody for your failure to appear. Scheming parents know this rule all too well and take steps to inhibit the opponent parent's ability to appear in court: failure to remind the opponent of a court date;...

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I filed bankruptcy and my ex is telling me that the back child support he owes is going to be turned over to the trustee

Child support is for the child; not for the bankruptcy trustee. If you don't get child support, file a violation petition in family court.

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Can I, the landlord, take pictures or video of tenants apt. while I'm inspecting and doing repairs in the apt. (court mandated)

Yes, This happens every day and the photos/videos are admissible as evidence in housing (or HPD) court upon the laying of the proper foundation.

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Modify custody

Your fact pattern gives us no information at all to answer the question. Instead, you create a negative impression that you aim to shop for a more favorable judge (known as forum shopping) in the hopes of having the judge modify custody. Generally speaking, in most states the clerks of court randomly assign judges to hear these petitions, They tend to keep file numbers (which pertain to the same family) going to the same judges in order to avoid forum shopping by litigants. This is not to...

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