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Richard Anthony Rodriguez

Richard Rodriguez’s Answers

8 total

  • Modificatiion of Child Support

    I am custodial parent. the non custodial parent pays child support. he recently filed a modification to the child support. He recently "voluntarily" retired from a city agency after 20 years, was not laid off. I don't think this would be cons...

    Richard’s Answer

    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.

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

    The father has been paying support for 15 years without a court order. Support stoped a month after the child droped out of collage. Almost a year later the mother want support again because the child is going back to collage.

    Richard’s Answer

    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.

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  • Irretrievable breakdown divorce ground

    If husband filed for irretrievable breakdown divorce can wife oppose to it or one party consent is enough? Do you need to show cause for irretrievable breakdown of marriage? Usually when filed under this section of divorce after how long does the ...

    Richard’s Answer

    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 all of the facts of our case. You should certainly consult an attorney as there are many unexpected issues that arise when filing an uncontested divorce action.

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  • 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?

    dad can keep home children have roots in and want to stay in and the mom has refused to work to look like a stay at home mom does it help the dad or will the judge just make the dad pay up r not care , will this be a major factor mom wont be able...

    Richard’s Answer

    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.

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  • Is this considered Abandonment?

    I have been married going on 2 years now. I stopped working in May 2011 when I was offered a package due to downsizing on my job which my husband encouraged me to take. 2 months after that I was diagnosed with aggressive breast cancer requiring ...

    Richard’s Answer

    • Selected as best answer

    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.

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

    husband owns business, wife works for husband solely, own home and land

    Richard’s Answer

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

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  • 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?

    We have 2 kids under 4 and one on the way. I work full time, and he stays home 3 days per week with them; I pay for 2 days a week child care and have been telling him to get a job for years and he won't or can't. He trashes the property while I pa...

    Richard’s Answer

    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.

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  • New York State and Uncontested Divorce

    Is a financial affidavidt required in an uncontested divorce in NYS?

    Richard’s Answer

    No, not in New York.

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