Richard Anthony Rodriguez’s Answers

Richard Anthony Rodriguez

Plainview Insurance Law Lawyer.

Contributor Level 3
  1. Is this considered Abandonment?

    Answered over 2 years ago.

    1. Richard Anthony Rodriguez
    2. Eric Edward Rothstein
    3. Yefim Rubinov
    3 lawyer answers

    New York has been a no-fault divorce state since October 2010, so fault will not be an issue. The biggest factor that you must deal with now is the fact that your spouse, although moved out, still has the legal obligation to financially support you, including providing health insurance. I suggest you speak to an attorney.

    Selected as best answer

  2. My husband, has contributed no money to our home or life since we got married. The home is in my name. Can he still get half?

    Answered over 2 years ago.

    1. Richard Anthony Rodriguez
    2. Yefim Rubinov
    3. William N. Chambers
    3 lawyer answers

    There are a variety of factors that need to be addressed before this question could be properly answered. However, the court may find that the home is marital property, subject to equitable distribution. I suggest you contact an attorney. Good Luck.

    2 lawyers agreed with this answer

  3. Irretrievable breakdown divorce ground

    Answered over 2 years ago.

    1. Scott Evan Gross
    2. Richard Anthony Rodriguez
    3. Paul Karl Siepmann
    4. Eric Edward Rothstein
    5. Marisa Andrea Corvisiero
    5 lawyer answers

    The New York Appellate court has recently decided that one parties sworn statement that the marriage has irretrievably broken down for a period of at least six months D.R.L. § 170(7) is sufficient enough to warrant the granting of the divorce. The fact that your marriage was for a short period time will certainly factor into the maintenance award. In general, your maintenance obligation will be limited, if you have to pay anything at all. Of course, each case is different and I do not know...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. New York State and Uncontested Divorce

    Answered over 2 years ago.

    1. David Alexander Browde
    2. Paul Karl Siepmann
    3. Robert Ricci
    4. Richard Anthony Rodriguez
    4 lawyer answers

    No, not in New York.

    1 lawyer agreed with this answer

  5. Modificatiion of Child Support

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Yefim Rubinov
    3. Richard Anthony Rodriguez
    3 lawyer answers

    The judge will almost certainly impute income. Your are correct that a voluntary retirement at such a young age will not qualify as an anticipate or unexpected change in your husbands financial circumstances. Consult a family law attorney to assist you in responding to petition and hearing.

  6. Can the mother of a child go to court for child support even though the child is 19? It was never court ordered before.

    Answered over 2 years ago.

    1. Yefim Rubinov
    2. Richard Anthony Rodriguez
    3. David Alexander Browde
    3 lawyer answers

    Absolutely. The non-custodial parent is required to provide child support up until the age of 21, unless the child has become emancipated. Going to college does not qualify as emancipation, so the father would still be required to support your child. Consult an attorney who can file a petition to get child support, including back pay for the missed payments.

  7. In LI ny cust battle if the father has a job with flexi hours and good pay to support the kids with a home is this a big factor?

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. Eric Edward Rothstein
    3. Richard Anthony Rodriguez
    3 lawyer answers

    The judge will look at the mother's earning ability and the children's best interest. Additionally, it has become increasing rare for a spouse to receive maintenance payments for life. Especially in this case where the mother is highly employable because of her college degree. Maintenance, if awarded, will likely be for a fixed period of time.

  8. If there is no cause like infidelity etc is the amount you can ask for alimony and child support reduced

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Richard Anthony Rodriguez
    2 lawyer answers

    Child support is strictly based upon best interests of the child and the financial asses of the parties. Fault is not a factor.