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Anthony Gerard Buono
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Anthony Buono’s Answers

74 total


  • My 7 year old daughter does not want to go with her father, what can I do?

    My daughter is 7, her father and I split (not married) when she was 2. He has been in and out of her life and never consistently sees her. He even went 7 months one year with out contact. He only comes around about once a month or so to exercise h...

    Anthony’s Answer

    You should consult with a local attorney who is familiar with Family Court practice in the county in which you reside. You have a number of problems and issues beyond a child who does not want to see her father.

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  • Possible alimony adjustment post divorce. Court of record in state A, obligee lives in state B, obligor lives in state C

    No children involved. Original alimony grant was "in perpetuity". Obligor is two years from retirement but has managed to temporarily improve financial situation. Obligee indicates that she will ask for alimony increase and seems to be ready fo...

    Anthony’s Answer

    I need more information before I can offer any intelligent answer. A lot will depend on the state in which the divorce had its genesis. It will be the law of that state that probably will be controlling.

    You should consult with an attorney in the state where the divorce originated.

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  • Served with Summons w/Notice, I appeared, can I file complaint as Defendant?

    I have been served with a Summons with Notice in a divorce, I replied with a Demand for a Complaint, I received nothing back. I want the divorce to go through, but no Complaint was filed. Can I file a Complaint against him? (I know I can countercl...

    Anthony’s Answer

    No. You cannot file a complaint. A plaintiff files a complaint. You can file a motion to compel the plaintiff to file a complaint. Or you could file a Request for Judicial Intervention and request a preliminary conference.

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  • I agreed in a legal separation to take less child support than the state standard for 1 year.

    Recently decided to go and file for full child support and had my husband served with court papers. Since I agreed to take less than the state standard and signed it in writing will the Judge at the hearing force the agreement for the less child ...

    Anthony’s Answer

    WIthout seeing the agreement I cannot answer your question. The date of the agreement and what it says and doesn't say will determine the outcome. You should consult a local attorney who is familiar with Rensselaer County Family Court and the local Support Magistrates.

    Anthony Buono
    Attorney at Law
    Valatie, New York
    www.AnthonyBuono.com

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  • My husband & I Would like to get custody of my 10 month old niece, of whom we believe the mother unfit. How would we do that ?

    The mother (my younger sister) does not work, uses very foul language around the children, carts the children around at all times of the evening to different peoples homes, one of which the baby was bitten -from head to toe by bugs. From what I ha...

    Anthony’s Answer

    You should call the child abuse hotline. 800-342-3720.
    Report what you have posted here. Having DSS get involved may help your case. You also should hire a good local Family Court attorney immediately.

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  • As a parent who signed to pay for private school in divorce court in NYC what can happen if i cant not met my obligations

    lower income

    Anthony’s Answer

    It depends on what your agreement says. Ordinarily, a substantial unforeseen change in circumstances is a basis to modify such an obligation. You should consult with an experienced local attorney who concentrates in divorce law.

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

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  • In the state of NY is the non-custodial parent allowed to claim the child on their taxes?

    I recently filed for child support for my daughter. Her father has not assisted in anyway & has yet to pay what is owed but claims he will be claiming my daughter on his taxes next year without my permission.

    Anthony’s Answer

    The non-custodial parent may claim the child if the custodial parent agrees. There also are some other considerations.

    This IRS publication addresses them.

    http://www.irs.gov/pub/irs-pdf/p4449.pdf

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

    See question 
  • Why can no one tell us how long a Magistrate has to make a decision on a child support matter? (NYS)

    My husband feels strongly that his rights have been violated. He was granted the right for an attorney, went to court agian, his lawyer called the wrong court he wasnt showing my husband appeared, magistrate did not believe that he had attorney pr...

    Anthony’s Answer

    The amount of time it takes to get a decision from a Support magistrate will vary. One year is excessive by any standard. Your husband may want to speak to his attorney about this or consider getting a new attorney who will clean up this mess.

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

    See question 
  • My son was born in a marriage a judge can change the last name if his supposed father establishes paternity

    my ex boyfriend bring me to court to prove paternity of my son. I am married but my husband is not the father, he was living out the country when my son born, he accepted my son as his and now we are living together for 2 year. i don't know if m...

    Anthony’s Answer

    I am not exactly sure of your question since your grammar is poor. But if I understand you correctly you and your husband are back together and your son is now five. I such a case, I expect that a court would not allow your ex-boyfriend to petition for paternity five years after the birth of your client. Also, he will never be able to force you to change your child's last name. But he would have to pay child support.

    You should consult with an experienced local attorney who concentrates in
    family law.

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

    See question 
  • If I want to modify my stay away order of protection how can I find out who his lawyer is

    DV felony choking but could still breath no marks I need help with bill and rent payment also want to help maintain his mental health appointment and medication

    Anthony’s Answer

    Don't give in and modify your order of protection. Instead of looking for his attorney you should consider getting more help for you to help you with your rent. If you are married or if you have children you can file a support petition. The local Domestic Violence Hotline is 585-343-7513. Call them and see what services that they have available to help you.

    You do not need to go back to anyone who chokes you.

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