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Lawrence Weinreich’s Answers

2,513 total


  • I live in NY..divorced in vt and child support estab in vt in 2000, ex lives in Ca..no support to tune of 107,000 +...vt office

    Involved to no avail...provided address through private investigator...no luck in serving abilities. .Los Angelas ca has open case on him...where do I turn from here? I know I need a lawyer..but little shy due to bad experience prior....can you h...

    Lawrence’s Answer

    If LA already has a case open on him the only thing that might help is if you can give them an address for him so that they can get him.

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  • Increasing child support

    Can child support be increased if my ex has an increase of pay . If so how can I go about it. Thanks

    Lawrence’s Answer

    Just because there is an increase in pay does not give rise to an increase in support. If the old order is more than 3 years old you can file a modification petition for more CS, If the order is one issued in the past 2 years if there has been an increase in his pay of 15% or more then you can also petition for an increase. I suggest you meet with an attorney to discuss the facts of the case.

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  • Will they be arrested ?

    My friend called cops on her husband due to domestic violence and he got arrested . He later left the country, Acs was called to her house and ordered her to some therapy etc.. But she then left the country. Now they would like to return .. Will t...

    Lawrence’s Answer

    This was posted previously see other answers.

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  • A couple is separated, not legally 'separated' or 'divorced'. Does that means its called a pro creed because before ruling?

    There is no formal ruling of the terms of the divorce, the custody battle, settlement and alimony. What is the standard amount of time period for this?

    Lawrence’s Answer

    All that means is that the parties no longer live together but they are still married. They can stay like that until one of them files for divorce.

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  • My x wife wants me to pay for private school .i refuse to am I obligated to .

    Live in new York I work she doesnt she claims she is going back to work.she was supposed to pay for his grammar school for last 2 years and told me she couldn't afford it any more so I paid for it all .now it's time for high school I wante...

    Lawrence’s Answer

    As a general rule the answer is no you don't have to. However, since the child went to private school for the past 2 years at least, the court will have to look at the cost and your ability to pay and what is in the best interests of the child.

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  • Acs

    My friend got acs called on her and she got a case of child neglect for both her and her husband and she infact has a order of protection on her husband. But her and her husband left the country. And missed obvious acs meetings and court dates. Wh...

    Lawrence’s Answer

    Your friend needs to retain an attorney immediately to contact ACS to see where the case stands or to at least go to the court and review the file to see if a warrant was issued for her arrest.

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  • Do I need to violate my ex right away or can I wait until we go to court in 2 weeks?

    We have a temp order which states we can't drink 12 hours before getting our child or have people drinking around our child. I've already violated my ex because he was drinking while our toddler was in my exes time. He does have a drinking problem...

    Lawrence’s Answer

    If you wait until you go to court, you can't bring it up as there is a requirement that he have notice, therefore you need to file immediately and hope that it gets served quickly as petitions have to be served no less than 8 days before the court date.

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  • Can a parent get child support even if there is only a temp order with 50/50 custody?

    Is it true that a parent can get child support even though there is only a temp order for 50/50? I'm going to trial bc my ex has a drinking problem and the temp order is unhealthy for toddler. My ex has put our toddler in daycare without my input ...

    Lawrence’s Answer

    See the answer to your question regarding the visitation schedule. In regard to support even if there is a true 50/50 arrangement, under the law, the parent with the higher income pays child support to the parent with the lower income.

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  • What is reasonable visitation for a 2 year old?

    I'm going to trial soon and as of right now there is a temp order 50/50. My ex has a drinking problem and I have evidence of that. My issue is I worry about our 2 year old because my ex isn't suppose to drink at least 12 hours before or his friend...

    Lawrence’s Answer

    Since you indicate you are going to trial, you need to discuss the issue with your attorney. If you don't have one it is imperative that you retain one or get the court to appoint an attorney to you if you qualify. The issue of "what is reasonable" is clouded by the fact that the father has a drinking problem and has violated an order on at least 3 occasions. This needs to be brought up at the hearing and it is very fact sensitive. Again discuss everything with your lawyer or retain one.

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  • Can I obtain full custody if my ex-husband has not been making child support payments or upholding the divorce agreement?

    My ex-husband was unemployed shortly after our divorce last year. Since then he has not made child support payments or covered medical care premiums as agreed upon in the divorce agreement. We currently have joint custody, but I would like 1) enf...

    Lawrence’s Answer

    You can file a petition in family court for a violation of the child support provisions of your divorce decree. That however, is not a basis for a change of custody. In regard to relocation, you can also file a petition for relocation based upon the economics. However, you will have to show that you can provide better for the children and their lives will be enhanced by such a move. I suggest to retain an attorney who is knowledgeable about relocation to guide you through the process.

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    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

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