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Bruce Howard Guttman
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Bruce Guttman’s Answers

226 total


  • In regards to my divorce, which was contested.

    ecourts states that the case is disposed. please define

    Bruce’s Answer

    E-Court is a system that was designed for litigants and lawyers to keep track of Motions and other relief requested of the Court. When an action or motion is marked "disposed of" it usually means that it has been decided. It is the job of your lawyer to verify what has been marked on e-court as: "Disposed Of". The Court will send either you or your lawyer a copy of a decision or order or judgment of divorce.

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  • What will my child support be based on if I'm currently unemployed, cannot collect unemployment due to I owned a corporation

    The corporation hasn't received a check since July of 2014. When my wife and I have filled taxes my personal was based on $18,500 a year. I am currently unemployed living in Nevada. I worked here for 3 weeks then got laid off. I was making 15$ hr....

    Bruce’s Answer

    The Court determines the Child Support Obligation. If you are unemployed, the Court will inquire about your search for employment. The Support Magistrate will want to see proof of your diligent search for work comenserate with your ability, training and experience. The Court had their ability to "impute income".

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  • Drawing up a DRO

    I've been divorced since 2011. March of this year, I settled in court for maitnenance payments. which was an order in court decree. My attorney has not drawn up the paperwork yet, and the only reson I know is beacause after calling him numberous...

    Bruce’s Answer

    A Qualified Domestic Releations Order (QDRO) or Domestic Releations Order (DRO) must be prepared close to the time the judgment of divorce or separation is issued. The attorney preparing the QDRO/DRO must first get the proper wording from the plan administrator. The skilled matrimonial lawyer realizes the importance of the timeliness of the submission . Experience counts.

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  • In NY state can I change my child's last name if I have full sole physical custody?

    I would like to change my son's last name to mine instead of his father's I'm having another baby and he will have my last name and I want both my children to have the same last name. My son's father only has supervised visits now with one of my s...

    Bruce’s Answer

    Can the custodial parent change the child's last name? Unfortunately a name change requires the consent of the Court

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  • My income has decreased , my expenses are basically to the penny. Can the court increase my support to where I am homeless?

    My ex is taking me for more support. He is on s.s. My one daughters s.s stopped 2014, and my son s.s ends in June. He still gets support for my youngest. He refuses to work If my support is increased, I will not be able to pay for my apt. Or c...

    Bruce’s Answer

    Child Support is determined by applying the Child Support Standards Act (CSSA) unless the CSSA amount is determined to be unjust or inappropriate. The parties to a divorce can agree to deviate from CSSA. The deviation must be in either a writing settlling the divorce or in an agreement incorporated in an order of the Court. There are instances where the Court, on application by the Child Support Enforcement Bureau (CSEB) can increase the cChild Support Amount. The applicable Child Support Amount cannot reduce the payor's income below the poverty level.

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  • What can i do if my childs mother moves out of town with my children and im there biological father

    They been gone since 2012

    Bruce’s Answer

    Parent relocates with the child, what can the other parent do? If there are no agreements or orders allowing the move, the relocation can be blocked pending further order of the Court. The child can be forced to come back pursuant to a Writ of Habeus Corpus. This action can be commenced. In Family Court or Supreme Court

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  • How is a father entitled to a dollar to dollar credit for child support for college when child spends less than 6 months away?

    In reviewing I have noticed our son spends half his time in college and half his time at my residence. While he is away only half (50%)room and board is being paid by non-custodial parent while custodial parent pays for clothes, sends food and is ...

    Bruce’s Answer

    If the child is a full time student and living away from the Residence of the custodial / residential parent, the law in NY allows for the Credit for college tuition and room and board provided it is either agreed to by the parties or ordered by the Court. It is important to note that the age of emancipation in New York is 21 and in 47 states age 18.

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  • My divorce agreement does not mention college but my child is now going. Can my ex redirect child support payment to college?

    If my divorce agreement makes no reference to paying for college, is there a law that says I have to use some of the child support I receive to pay for college. My ex-husband indicates he'd like me to do this but I count on his child support paym...

    Bruce’s Answer

    Child Support credit for college room and board is often referred to as the Justino credit. If it is not in your Agreement then he is not entitled to the credit

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  • My ex is taking my children away . He has money and has threated me to have sole physical custody of my children .

    I work part time and on call bases . My salary is $17,000 per year, his $80,000 per year. Do I still have to pay child suporth for both my kids?

    Bruce’s Answer

    Custody of the child is determined by a Best Interest of the Child Standard. The custodial parent is entitled to Child Support.

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  • How can I get petition of violation dismissed?

    My ex is taking me to court saying I violated existing order by taking daughter out state and not submitting school/provider documents in stated timeframe. The order states other parent must be notified if daughter is out of state in exc...

    Bruce’s Answer

    Orders of the Court are often used to harass the other party. If there is a claim of violation where no violation has occurred, the person alleging the violation has the burden of proof. The alleged violator must defend the violation claim. If violation involves out of state travel, a sound defense could be simply provided by producing EZ Pass records.

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