Mary Ann Aiello’s Answers

Mary Ann Aiello

Garden City Marriage / Prenuptials Lawyer.

Contributor Level 5
  1. I have full custody of my son and have went to court to set up visitations.

    Answered almost 3 years ago.

    1. Mary Ann Aiello
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered almost 3 years ago.

    1. Mary Ann Aiello
    1 lawyer 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...

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

    Answered almost 3 years ago.

    1. Megan Misiti Cumbo
    2. Mary Ann Aiello
    3. Alan James Brinkmeier
    3 lawyer answers

    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...