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Anthony Gerard Buono
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Anthony Buono’s Answers

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  • What happens if I am unable to show up for the court case that my ex wife petitioned against me?

    I'm the non-custodial parent of the children and I just relocated to Fishers, Indiana due to job reasons available and my sibling lives there. My ex wife filed petition against me. The court is in Delhi, NY.

    Anthony’s Answer

    Bad things will happen if you fail to appear. However, you can appear by telephone. Contact the Office of the Clerk of the Court that sent you the Notice to Appear in Court.

    As with all legal matters, you should consult with a local attorney who concentrates in family law. On-line advice is no substitute for an in-person attorney consultation.

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

    See question 
  • I live in New York can i leave with out telling the Father we don't have custody are visitation

    he abuse me in front of the kids

    Anthony’s Answer

    If your question is can you move out of the house and take the kids with you, then the answer is yes. You should file a police report for the domestic violence incident or incidents that happened in front of your children. You also should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

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

    See question 
  • Can i sue my attorney for malpractice due to the fact that they didn't freeze my ex husbands bank accounts and deferred comp ?

    our divorce went to trial and it has been two and a half years . attorney filed Qudro only to find out there are no more funds . My ex owes me a ton of money how can i get it ?

    Anthony’s Answer

    You would need to establish that your attorney committed some act of malpractice or failed to perform something that they should have done and for which you had engaged him or her. If you did not engage your attorney to prepare a QDRO or to take action beyond the trial of your divorce action then it appears that they did not commit any malpractice.

    Without more information than the two short paragraphs that you have offered, it is impossible to answer this question with any more certainty than this.

    You should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

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

    See question 
  • My Husband and I have been legally separated for 4 years and now we want to get re-married, how do we do that?

    Do we have to continue through with the divorce before we can get re-married?

    Anthony’s Answer

    If you have a written separation agreement you will need to do another short agreement that terminates the earlier agreement.

    You should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

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

    See question 
  • What can I do to enforce an order for my ex husband?

    He is an alcoholic and it is explicitly stated in our divorce that he cannot consume or possess alcohol when he has the children. My son told me that he spends the entire weekend sitting in the garage drinking, and was able to describe the beer ca...

    Anthony’s Answer

    Before you send your kids back to your ex, you should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    In the mind time, it appears that you have a really good basis to ask a Court that his time with the children be limited and that it be supervised by a third party. A local family law attorney will be able to tell you how this would work in your county. They may even suggest that you file a Child Abuse Hotline report to get the Department of Social Services involved. You must do something since you know that your children are not being cared for properly while they are with him.

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

    See question 
  • Do I need to make a counter list of relief sought after being served with Divorce Papers? How do I counter the Plaintiff?

    I received A Summons with Notice "Action for Divorce". I am summoned to serve a notice of appearance upon my husbands lawyer. I printed that out, filled it out and plan on filing that. My husbands' lawyer made a decent sized list of "relief sought...

    Anthony’s Answer

    You need to serve a Notice of Appearance and a Demand for Complaint.

    __________
    CAPTION Index No. ________
    __________

    Notice of Appearance and Demand for Complaint

    PLEASE TAKE NOTICE that the Defendant appears in the above entitled action, and that she demands that a Verified Complaint be served upon her within twenty (20) days and that all further papers in this action be served upon her at the office and post office address stated below.

    Your signature
    Your name
    Your address

    You really should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation. Even if it is just to talk you through the final stages of the process, a consultation is probably worth the money.

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

    See question 
  • I filed a family offense petition - can I amend the affidavit AND/OR ask for it to be a full "stay away" instead of no contact?

    I have not yet served the papers on the respondent - am I able to add something to the affidavit and change my request from a "no contact" order to a full "stay away" order? What must I do? Will I have to go before a judge again or just the clerk?

    Anthony’s Answer

    To modify a Temporary Order of Protection in Columbia County you will need to go before the Judge again. Only the Judge can modify the Temporary Order of Protection and they usually will not do this lightly. You may want to start by contacting the Judge's law clerk to see how they would suggest that you go about doing this. This is an uncommon but not unusual request.

    You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

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

    See question 
  • I am planning on filing for divorce. I currently live in Arkansas. Can I file from another state, like NY or PA?

    My husband and I moved to Arkansas a year ago and he has become very aggressive and verbally abusive with me and our child. I have no family here and I am afraid of filing for divorce here with no family around to support me. Would it be legal if ...

    Anthony’s Answer

    You have some very fact specific questions here with respect to jurisdiction. For child custody jurisdiction purposes, a child’s home state is where they have lived for the past six-months. So if you move to NY of PA, Arkansas still would be your child’s home state and the courts of NY, PA and any other state probably could not help you because they will lack jurisdiction.

    You should consult with a local Arkansas attorney who concentrates in divorce and family law. They will be able to advise you about your rights under Arkansas law and what you will have to do in order to legally get out of Arkansas with your child.

    Anthony Buono
    Valatie, New York
    AnthonyBuono.com

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  • My husband and i have been separated for 5 years. i live in ny and he lives in florida. am i entitled to spousal support?

    he abandoned me when living together in florida. and i came to ny on my own. now he is asking for a divorce. what are my rights including medical coverage

    Anthony’s Answer

    You have some very fact specific questions here with respect to jurisdiction. Even if New York has jurisdiction, then you have to look at the Domestic Relations Law for provisions regarding property distribution and spousal maintenance. This is not they type of matter that we can handle adequately in this forum and on-line advice is no substitute for an in person consultation. You should consult with a local New York attorney who concentrates in divorce law

    Anthony Buono
    Valatie, New York
    AnthonyBuono.com

    See question 
  • What form is used when opposing a motion to dismiss.(family court nys)

    nonparental custody case

    Anthony’s Answer

    You need to submit a sworn Affidavit. You can copy the format used for the Affidavit that was submitted with the motion to dismiss. You must state your basis for opposing the motion. – “The Court should deny the motion to dismiss because….”

    You must have your signature notarized. You must submit the original Affidavit to the Court and send a copy to the opposing party or their attorney if they have one. You must submit to the Court an Affidavit of Service, stating that you mailed a copy of the Affidavit on the opposing party or their attorney. Submit this along with the original Affidavit in opposition to the motion.

    You should consult with a local New York attorney who concentrates in Family Law. On-line advice is no substitute for an in person consultation.

    Anthony Buono
    Valatie, New York
    AnthonyBuono.com

    See question