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Penny Glaser’s Answers

12 total


  • Is my husband entitled to child support modification? First marriage (1) child, second marriage (3).

    Also, when does child support end in NY state?

    Penny’s Answer

    The child of the first marriage takes precedence because the state feels that you should not have more children if you can't already support the ones you have and that the first children shouldn't suffer becausr of afterborn siblings. The amount of child support uyour husband pays to his first wife would be deducted from his income along with Medicare and Social Security taxes. Your husband would then be ordered to pay 29% of his remaining income for the subsequent three children. When the vhild of the first marriage is emancipated, he could be required to pay more for the other three children. Child support ends at 21 in New York unless extended by agreement of the parties (usually because the child is in college).

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  • My Wife left our apartment with her daughter and found a new man and is staying with him. Can I file abandonment?

    What would I need to start the process?

    Penny’s Answer

    If it's been at least a year since she left, you can get a divorce on the ground of abandonment. the abandonment would have had to continue for one year without interruption. However, as of 2010, New York adopted a no-fault divorce provision called "irretrievable breakdown" of the marriage. It is virtually impossible for your wife to contest this ground. I

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  • Child custody modification - process & likely hood of change

    I have a custody agreement which states that my 3 year old daughter spends 2 1/2 days at her father's house, 2 1/2 days at my house and we alternate every other weekends, she is in 2 schools/daycare's because my ex refuses to send her to my school...

    Penny’s Answer

    It would depend on various factors such as how much time has elapsed since the stipulation was entered into. The best interests of the child are of paramount importance and the court would consider the impact of the shared custody arrangement on her life. Is she well-adjusted? What do her teachers say? Is she tired? Confused? Education does include preschool so you should be able to determine where she attends class. The Court would also appoint an attorney for the child to speak with her and advocate her desires and interests to the Court. I have been an attorney for the child since 1991 and have a great deal of experience in this area. Please call for a free consultation.

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  • Custody

    I got this girl pregnant who I'm not with and having been able to go to the drs with her(aphroditie) cause she has made it difficult however in addition to that this girl I am currently with (johanna)is pregnant and Aphroditie is willing to refuse...

    Penny’s Answer

    You can file a paternity petition in Family Court when the baby is born. If the mother contests the petition, the court can order DNA testing. If you are established as the father, you will have custody and/or visitation rights as well as child support obligations until the child is 21. You may also be liable for the birth expenses. Don't wait too long to file the petition because if someone else assumes the role of father (the Mother's new boyfriend or husband) and the child recognizes that person as his or her father, you may lose the right to be named the father in court.
    If you need help, please call me at
    631-447-0520

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  • MY wife filed for a divorce the papers were submitted 6 months ago I asked her if she heard any back as of yet, she said yes and

    that she has to fill out a form and she is not going to for 2 years because she will be entitled to 10% of my social security. We have been seperated for over 3 years. We both live in NY, is there anything I can do to speed this process up?

    Penny’s Answer

    If you were married for at least 10 years, your wife will be entitled to one-half of your social security if less than her own. Either way, it won't affect your payment. She probably wants to wait out the ten years. If you don't want to wait, you can file a cross-complaint or start your own action and move to dismiss hers.

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  • Stay away order of protection in criminal court

    in the order there is a clause "subject to any subsequent supreme court or family court order of custody or visitation".now i f I agree for refrain from order in family court and agree for joint custody and me having residential custody. Does my a...

    Penny’s Answer

    The Family Court order would probably provide for curbside visitation - that is he would park in front of the house and the child would come out at the agreed-upon time (or you would bring the child out if he is too young to walk to the car on his own). The abuser would stay in his car at all times. When he brings the child back, he woul wait in the car while the child gets out and enters your home. He may also be entitled to call you for the purpose of arranging visitation and/or communicating about the child's health and school needs.

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  • If i have joint custody can my ex move out of state with out notifying the courts

    my ex has residential joint custody my visitations are from friday 8 pm untill 8 pm sunday. not only do i have my son on my regular weekends but i also have him 2 to 4 days during the week she recieves 195 dollars a week through child support. she...

    Penny’s Answer

    Your ex cannot unilaterally remove your son from the state without either your permission or that of the court. She would have to show that the move us in the child's best interests and that your child's relationship with you would not suffer. That is a hard burden to prove. As far as the COLA is concerned, the burden is on you to prove that you cannot afford the increase. You should file for a change of custody.

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  • How compelling is a child's wishes to choose where to live if each parent wants custodial care of the children in a divorce ?

    NY situation with three children ages 11, 15 and 18, but it boils down to the two youngest. What does it do to child support ? If one spouse has made the lions share of income but the other has worked off and on part time through out the ...

    Penny’s Answer

    Generally, the court will appoint an attorney for the children who will speak to and advocate on behalf of his or her clients. Absent some compelling reasons, the 15 year old's choice is entitled to considerable weight. Since the courts like to place siblings together,the 11 year old will probably be placed with the older sibling.

    An 18 year old is still entitled to child support so if the 18 year old resides with one parent and the two younger children reside with the other, there will be an offset of child support. It is 17% for one child, 25% for two and 29% for three.

    Maintenance is determined by income. If one party was mostly a homemaker and allowed the other spouse to build his career, maintenance would be appropriate.

    Feel free to call me at 631-447-0520 for a free consultation.

    Penny S. Glaser, Esq.

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  • Will a family court judge vacate an order of protection while a court directed cps investigation is pending?

    My husbands attorney filed an order to show cause to vacate a stay away order of protection where I have alleged he drove drunk with our 6 yr old daughter more than once and is abusive in the home. He drinks alcohol daily. I had a refrain from ord...

    Penny’s Answer

    A lawyer will be appointed for the child who will speak to the child and determine what the child witnessed and what the child desires. The Court can ask that the CPS report be expedited. You should have representation especially since your husband is represented. I have been a law guardian in the Nassau County Family Court for over 20 years and would be happy to provide a free consultation to you. Please call me at 631-447-0520.
    Penny S. Glaser, Esq.

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  • I got legal custody of my nephew on 10/8/10 and want to give custody back to biological father, how do I do that?

    There is no more details except I would like to complete by the end of the year.

    Penny’s Answer

    The answer would depend a great deal on the reason you were awarded custody in the first place. If abuse or neglect allegations were levied against the father, the court would want to ensure that the father has been rehabilitated and can care for the child. You would have to file a petition in the Family Court. If there was an agreement between the two of you in Family Court, you would file a petition for modification. I have over 20 years of experience in this area and have been a law guardian for over 20 years as well. My office is in Holtsville, right near you. Please call for a free consultation and review of your documents.
    Penny S. Glaser
    631-447-0520

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