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Mary Aiello’s Answers

3 total

  • If my ex wife is living with a new partner, can I seek to lower my spousal payments?

    Just looking for something more fair.

    Mary’s Answer

    A court may, in its discretion, modify the final judgment, or any orders made with respect to the final judgment, by annulling the provisions for the wife's support upon proof that the wife is habitually living with another man and holding herself out as his wife, though not married to him. The circumstances under which relief can be obtained under the NY law are limited: the wife must not only be habitually living with another man, she must be holding herself as her husband.

    I would also check your Stipulation and/or Judgment of Divorce, and see if there is a cohabitation provision, whereby maintenance would be terminated if your wife cohabited with another. If you have a cohabitation clause that differs from the NY law, then you might have a chance to terminate maintenance under the cohabitation clause in your Stipulation or Judgment.

    Regardless, it is probably wise to contact an attorney to go over the specific facts of your case and whether based on your facts the Court would terminate maintenance.

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  • How old does a child in ny have to be to decide the parent they want to live with

    my daughter will be 14 in october and wants to move in with me. will the legal system listen to her and do I have a chance in court of doing this?

    Mary’s Answer

    I certainly agree with the above comments of the other two attorneys. As a child gets older, the Court is more willing to listen to their desires and weigh that factor more when it comes to changing a custody arrangement. Other important factors to consider, which a Judge and/or attorney for the child will likely look into, are: what are the child's reasons for wanting to move in with the other parent? How far away does the other parent live in relation to the custodial parent? Will the child need to change school districts? Does the child have other siblings that live with them now?

    If your daughter would not be changing school districts if she came and lived with you, obviously that would make her transition easier. However, just because she would need to change school districts does not bar a change in custody. These are just questions that judges and the attorney for the child will delve into when determining what is in the best interest of your daughter.

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  • I have full custody of my son and have went to court to set up visitations.

    My assigned attornery i feel did not care much on my behalf and now i am driving 20-30 min every weekend to a utica family center where the visits are supervised (I requested supervised he is a ex convict,dangerous and drug usage) I work mon-frida...

    Mary’s Answer

    Without having all the facts of your case, you can let the Court know that you do not feel that it is in your child's best interest to sit in a car every weekend for approximately 2 hours and that because of your current financial situation, it costs a lot of money to fill up your gas tank with fuel for these trips, which is money that you do not have.

    Have you done any research on whether there is a supervision center in Rome, where your son and his father can meet. If the Father does not have a license, is there going to be a way for the Father to get to Rome? (is there a bus he can take?)

    The Court is likely going to want the Father and your son to have visitation. The Court generally feel that it is in the best interest of children to have visitation with their parents, even incarcerated parents. Therefore, if you are going to address your concerns about the location and the frequency of the visitations with the Court, you should be prepared to answer where an alternative location for visitation could take place and how the Father can get there.

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