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Darren M. Shapiro
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Darren Shapiro’s Answers

12 total


  • I have an order of protection that is subject to visitation & custody orders, mom wont allow me to go on a trip. what can I do?

    There is an order of protection against me that is subject to all custody and visitation orders; we have a divorce settlement that states that I have access to my children school, to attend trips and activities, etc... I have attended many school ...

    Darren’s Answer

    Sorry to hear about the refusal to honor your parenting time right. The other lawyers that answered this question did give practical advise in that you can bring the court orders to the school in order to exercise your right to go on the school trip. If you are still denied your access, and her lawyer does not help, you should ask a court to help you by filing a violation/contempt proceeding. Even though you might be filing after the fact of the denial of your visit, it could be helpful to take her to court to prevent future infractions or to get a modification of the court orders in effect. I am always available to speak about issues involving family law and divorce.

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  • Question on divorce and alimony

    I am married for 27 years to a cheating abusive man. I am on social security and I cannot work anymore because i have medical problems. I also had to stop working to take care of our 3 children who are now adults. If I divorce my husband, I want t...

    Darren’s Answer

    The challenge for you will be getting a court to impute income to your husband to maximize any potential maintenance, the modern word for alimony, award. Since it sounds like his declared income is less than genuine, that is why it is necessary to have the court do the imputation. Imputing income means a court using its power to declare what a persons income is based on factors like the payor's experience, history, lifestyle, and financial benefits being give to him by other people. The other attorneys that answered this questions also gave helpful information.

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  • Sister-inlaw filed a order of protection in family court and lied on documents

    the false statement on the document is she wrote i live at another address but we live in same household in which i own. they issued her a full stay away and i can not go to my home. what do i do? she is in a divorce with my brother and lived ...

    Darren’s Answer

    You, or more appropriately your lawyer, should request a quick hearing on the petition if the judge will not dismiss the case right away or an agreement cannot otherwise be made. The burden of proof to prove the case is entirely on your sister in law to: prove her allegations in the petition; that they amount to a Family Offense; and that she should be entitled to maintain an order of protection because of the alleged Family Offense. It is not your burden to prove anything, however, if you can show that she has lied, it could help poke holes in her case so to speak. I am a Family Law attorney. Give me a call if you would like to discuss your situation. It would be my pleasure to speak with you about it.

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  • Can I modify a child support agreement if my divorced was finalized 3 months ago?

    My ex recently had another child. Within the last 2 years his pay has increased. Our divorce was finalized 3 months ago. Can I go back to court and get an increase in child support since I'm entitled to an increase since he makes more money?

    Darren’s Answer

    If the divorce was filed after November 2010, the default provisions regarding child support modifications are that parties may seek to modify child support if :1. Three years or more has elapsed since the last order; 2. income has changed by 15% or more; 3. if there is a substantial change of circumstances. Parents can specifically opt out of the provisions when entering into a stipulated or consent order. If income has changed by 15% then it might be possible to seek a modification. Perhaps not if the income has not changed since the support order was made. Careful review of your papers and the facts by an attorney will be necessary to determine if your order is ripe for modification.

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  • Please recommend divorce mediators in NYC or Brooklyn

    Hoping to find a mediator who can help us resolve our divorce.

    Darren’s Answer

    I am a divorce mediator. I think you are wise in choosing the mediation process which is usually substantially less expensive and less stressful than litigation.

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  • Want to know if I have good case to win a motion for upward modification of child support.

    I have a divorce decree entered by the court approving a settlement agreement . In the settlement amt , it states that I agreed to a below the minimum child support amount due to the liberal visitation agreed upon with my son's father . 3 years...

    Darren’s Answer

    The date that your divorce was filed and the language of your settlement are important in determining the standard used for support modifications. Before November 2010, the default standard in the law was to alter a stipulated amount of support you would need an unanticipated substantial change of circumstances. After November 2010 the default standard to be permitted to seek a modifiaction is: 1. If three years or more has elapsed since the last support order; 2. If income has changed by 15% or more; 3. If there is a substantial change of circumstances. By contract (ie your stipulation) parties are free to agree, and be bound by, different standards then the defaults in the law. Whether your specific situation will amount to the necessary level to trigger a new calculation is fact sensitive. There is a "back door" method to get what they call a "de novo" calculation of child support if your support order is collected through the Support Collection Unit which I can tell you about. Give me a call if you would like to discuss your situation. It would be my pleasure to speak with you about it. Darren M. Shapiro, Esq. 516-333-6555

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  • Family law?

    My wife is trying to keep me from my son who is a month old there is a limited order protection in place from an incident she lied about long before my son was born if she tries to use that I was never convicted can I go to family court and get th...

    Darren’s Answer

    There is no longer any presumption in the law that children belong with their mothers or their fathers. Courts need to rule on the best interests of the child when deciding matters of custody and visitation. I do not believe that a limited order of protection that was obtained before your son was alive should prevent you from getting a normal schedule of visitation or parenting time. You can also consider whether or not you want to file for custody. Give me a call if you want to discuss your situation. It would be my pleausre to speak with you about it. Darren M. Shapiro, Esq. 516-333-6555 www.NYAttorneyDivorce.com Law and Mediation Office of Darren M. Shapiro

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  • Can child support be terminated for my 20 year old daughter.

    My daughter has a professional LPN license through New York State, and not enrolled as a full time student in school. I have not heard from her in 3 months. Can she be emancipated?

    Darren’s Answer

    The clear case of a 20 year old child that can be declared emancipated, since child support otherwise goes to 21 in New York, is if she is not in school, working full time and self supporting. Since you do not list all of that information in your question I would say that it sounds like she could potentially be emancipated depending on the rest of the facts. Financial independence is the standard that courts are supposed to use. Children of employable age can also sometimes be deemed constructively emancipated if they choose not to have a relationship with the non-custodial parent without good cause. Give me a call if you would like to discuss your situation. It would be my pleasure to speak with you about it. Darren M. Shapiro, www.NYAttorneyDivorce.com 516-333-6555.

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  • Ex-girlfriend can't make restraining order hearing. Her lawyer says she can phone in during court. Is possible?

    I have a restraining order on my ex girlfriend. She has broken the restraining order numerous times (has criminal contempt charge & arrest warrant on her), stolen my things, and has continued to harass me. (Have overwhelming evidence against this)...

    Darren’s Answer

    If the matter is proceeding as a Family Offense in Family Court she can put in a request to appear. The court would then need to rule whether to permit her to appear in court over the phone. Technically you should be served for the court to have jurisdiction over her case against you. However, since you know about the case, it would be advisable not to ignore it in case a representation is being made to the court that you were served. Sometimes, service can be ordered by something other than in hand delivery by the court. The burden of proof, if this is a family court matter, is entirely on her. Therefore, if you can prove that she is lying, she should have a tough time getting a "permanent" order of protection against you.

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  • How much weight does the wishes of a 10 year old have , when the courts consider custody ?

    My 17 year old lives with his father and my 10 year old lives with me . It is my understanding that Law Guardian asked by 10 year old who he wants to live and he stated that he wants to live with both parents . The guardian supports shared physi...

    Darren’s Answer

    A ten year old's wishes can have some sway in influencing a court's decision on child custody. His/her wishes, however, will not control but merely one factor that court considers in deciding custody. Usually, the older the child, the more important their desires are in deciding custody. The more mature a child is, the more weight their desires are usually given by a judge/court. Shared physical custody, however, usually is only ordered by a court if there is an agreement about the issue. In the event the parties do not agree to share physical custody then one parent would most often be granted residential custody. Give me a call if you want to discuss your situation. It would be my pleasure to speak with you about it. Darren M. Shapiro, Esq. 516-333-6555 www.NYAttorneyDivorce.com

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