Clifford J. Petroske’s Answers

Clifford J. Petroske

Bohemia Divorce / Separation Lawyer.

Contributor Level 11
  1. Can a party waive their right to the other parties pension in a separation agreement. I am know about divorce proceedings.

    Answered about 1 year ago.

    1. Howard A. Schwartz
    2. Clifford J. Petroske
    3. Gary Burton Port
    4. Peter Christopher Lomtevas
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    Yes, a pension can be waived in a separation agreement, and the waiver will carry over to the divorce. However, if the waiver is unfair, the agreement can be set aside in the divorce action.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Which state's court do I file for child support in?

    Answered 5 months ago.

    1. Clifford J. Petroske
    2. David Zaslavsky
    3. Louis Lawrence Sternberg
    4. Leticia L Valdes
    4 lawyer answers

    You should file for child support in New York because emancipation under NY law occurs when the child is 21. New York will also award college education expenses and medical insurance and expense reimbursement. You should employ an attorney in any case with a self-employed non-custodial parent, and NY Family Court can also award attorneys fees to you.

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  3. I am legally separated will I hurt my divorce case if I move out?

    Answered about 2 months ago.

    1. Clifford J. Petroske
    2. Howard E. Knispel
    3. Eric Edward Rothstein
    4. Mario David Cometti
    5. Leslie E. Fourton
    5 lawyer answers

    Unfortunately, attorneys on this site cannot give legal advice; that said, if you are legally separated by separation agreement then the terms of the agreement should determine who pays the bills, the terms of sale of the house, and custody/ visitation rights. The agreement should also provide for who has the right to remain in the house pending sale. If these terms are not provided for, or you have no written agreement, see an attorney before making any move out of the house.

    7 lawyers agreed with this answer

  4. After my divorce, the judge gave my ex wife 60 days to refinance the mortgage. 16 months have passed, she hasn't refinanced.

    Answered 4 months ago.

    1. Vincent J. Gallo
    2. Clifford J. Petroske
    3. Robert Vance Salter
    4. Howard E. Knispel
    5. David Alexander Browde
    6. ···
    8 lawyer answers

    It sounds like your case went through trial (as opposed to settlement). If so, and if the judge's Decision did not provide for a remedy in the event your wife failed to refinance, then a post-judgment application to direct the sale of the residence, and for the appointment of a temporary receiver is needed. This is best brought by Order to Show Cause. Contact an experienced matrimonial attorney for further guidance.

    7 lawyers agreed with this answer

  5. My ex was making 200K when i went for an increase in my child support he claimed he was let go and is now unemployed ..

    Answered over 1 year ago.

    1. Clifford J. Petroske
    2. Michael Evan Greenspan
    3. Yefim Rubinov
    4. Peter Christopher Lomtevas
    4 lawyer answers

    First you find out the facts using a subpoena to his employer. Assuming for the moment that he did lose the job, he must prove it was not his fault,and then show efforts to find replacement employment. This can get complex and you should think about an attorney helping you.

    7 lawyers agreed with this answer

  6. My divorce decree states college tuition is apportioned based upon the mother and fathers income with a SUNY cap.

    Answered 24 days ago.

    1. Clifford J. Petroske
    2. Mario David Cometti
    3. David Zaslavsky
    4. Richard Geller
    4 lawyer answers

    The wording of your decree may provide the answer. Often the party's obligations to contribute to college are expressed in terms of their pro rata percentages. Depending on the wording, the pro rata percentage used in the decree (and often in an underlying marital settlement agreement) that was based on the party's income at that time will be used to determine shares of college expenses. If that's not the case, then the party's income from all sources from the previous tax year, is used to...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What will my divorce attorney bill me to file a motion to seek enforcement for spousal support?

    Answered 9 months ago.

    1. Clifford J. Petroske
    2. David Alexander Browde
    3. Louis Lawrence Sternberg
    4. Theodore W. Robinson
    4 lawyer answers

    Enforcement of a pendente lite (temporary) support and maintenance order is best done by income execution (IEX), which can be prepared in an hour or less. However, an IEX is not available if your husband is off the books or self employed. In such cases, a contempt motion is needed, which could take 4 or 5 hours of billable time, I expect. You can also seek atty fees as part of the motion, which should help.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Married in NY-separate bank accts. Husbands spendingwithout my consent on HIS credit card. Am I responsible

    Answered 9 months ago.

    1. Clifford J. Petroske
    2. David Zaslavsky
    3. David Alexander Browde
    4. Howard E. Knispel
    5. Philip Adam Kusnetz
    6. ···
    6 lawyer answers

    In the event of divorce, you will be responsible (in part) for debt your husband has accrued. In the event he pre-deceases you, you are indirectly responsible because your interest in his estate comes to you after the payment of debts by his estate. Leaving aside these possibilities, if you remain married, your husband's creditors (if he defaults and the debts go to judgment) can levy execution against any joint accounts, and a judgment lien will attach to the marital residence (assuming its...

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  9. NY Divorce.. .....Is husband expected to pay for college for his children in a divorce settlement?

    Answered 6 months ago.

    1. Clifford J. Petroske
    2. Mary Katherine Brown
    3. David Alexander Browde
    3 lawyer answers

    Unfortunately, even with your husband's comfortable income, most judges will not impose a college education obligation without a SUNY cap. The percentage your husband is required to pay is not fixed by statute, but you can reasonably expect it will be more than 50 percent and quite possibly pro rata. In no event will the court require the children to contribute. Bear in mind, if you do not have at least one child about to enter college the court would not even consider college as part of...

    6 lawyers agreed with this answer

  10. Divorce: spouse filed for a request for a preliminary conference b4 the statement of net worth is filed and any communication.

    Answered 11 months ago.

    1. Gary Burton Port
    2. Marco Caviglia
    3. Clifford J. Petroske
    4. Howard E. Knispel
    5. Dean George Tsourakis
    6. ···
    6 lawyer answers

    It's best not to guess, but if there is no response after repeated calls to your adversary, it's fair to assume that your spouse's intention is to litigate -- at least for now. Don't despair, though, since litigation is often used as a tactic to leverage settlement, and is not intended to lead all the way to a trial. So, it's quite possible that you will not need the whole process of discovery. Your attorney should advise you on ways you can leverage the process to neutralize any...

    6 lawyers agreed with this answer

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