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Megan Misiti Cumbo
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Megan Cumbo’s Answers

72 total


  • Does visitation stop in February of 2016 or do I need to get a restraining order?

    I have two boys 11 and 13 years old. I was divorced in 2012. Up until December 26th of 2013 my ex wife had physical custody but due to her bad behavior concerning her drug dealing boyfriend I was awarded custody from then until now. He is serving ...

    Megan’s Answer

    The answer to your question depends on the provisions in your custody agreement. You should consult with an attorney who handles child custody cases.

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  • Can I still get child support for a child that is past 21 years old but is a full time college student and is dependent on me?

    Hello, I am based in New York State. I am receiving child support from my former spouse for my two children. However, my son is turning 21 this year. I am wondering if I will still be eligible for child support for my son, if he is a full time col...

    Megan’s Answer

    No, the court cannot order either parent to pay child support for a child that is over the age of 21.

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  • How do I bring to court attention my daughter not cooperating with court order?

    My daughter is not cooperating with the court arranged custody paper concerning our joint custody of her 7 year old son. How do I bring this issue to the court attention She defiantly keeps him on days I supposed to have him. This have been going ...

    Megan’s Answer

    • Selected as best answer

    You should keep detailed records of the dates and times when she has violated the court order, then file a violation petition in family court. You may also want to file a modification petition.

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  • During contested divorce, should I sign the HIPPA medical information release form at the request of the Plaintiff's lawyer?

    Contested divorce. I believe that HIPPA info is strictly confidential and I don't want to sign it. Should I inquire about a specific medical condition i might have the Plaintiff is concerned about? Please advise. Thank you

    Megan’s Answer

    You should discuss this with your attorney and follow his or her advice. Depending upon the issues in your case, your spouse may be entitled to this information. For example, your health would be an issue in your case if you are making a request for spousal maintenance based upon your inability to work due to a medical condition or if there is a contested custody case.

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  • Would a contract that says "if you are caught cheating then mr A will have to pay ms B xxx amount of money" stand up in court?

    Should it be notorized? We both agreed to sign it after a incident. Thank you!

    Megan’s Answer

    I have seen pre-nuptial and post-nuptial agreements that contained certain provisions about what would happen in the event of infidelity. I believe it can be enforceable if properly drafted. A contract that you draw up yourself will probably not suffice. I recommend that you hire an attorney to draw up such an agreement.

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  • Child support and paternity issues

    I would like to file for child support but baby dad never sign a birth certificate so I know I have to file for paternity 1st off I have no income and my child's father is very wealthy I can't afford a attorney so who would be responsible to pay t...

    Megan’s Answer

    You should petition as soon as possible because the court cannot order child support until you petition for support. You may be able to file the paternity and support petitions simultaneously to preserve your rights. You should not have to pay for the DNA test. I believe the state or county pays for it and if the respondent is determined to be the father, he is required to reimburse the costs.

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  • Spouse is forcing and very controlling, do not want to share his income.

    I am moving out because of his behavior. Can I file case in Buffalo NY against him? He lives in El Paso TX

    Megan’s Answer

    Whether you can file in New York State depends upon a number of factors. You should consult with an attorney to learn more about your rights and obligations as well as which state will have jurisdiction.

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  • Can I take my ex husband back to court for neglecting our children?

    I believe my ex husband is neglecting our children (age 8 and 9). I have custody and he has visitation. He owns his own business and never spends time with them when he has them. He is always in a different part of the house doing his work. He...

    Megan’s Answer

    You will probably need to file a petition to modify his access. You should consult with an attorney to discuss these incidents and explore your options.

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  • In your opinion, how would a judge rule in this custody case?

    I am asking for joint legal and sole physical custody of our two children. One is an older teen and one is under 12. They have a court appointed attorney. My work schedule as an elementary teacher is the same as their school year schedules. My ...

    Megan’s Answer

    • Selected as best answer

    You have presented a number of facts that support your request for custody, but it is impossible to assess the odds of success without knowing the arguments made by the father or the wishes of the children. Additionally, you did not indicate any reason that you should have sole physical custody. Even if you were to receive sole custody, the children will likely have access with their father on alternate weekends, at least one evening during the week, extra time during the summer and other school recesses, and one-half the holidays.

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  • Husband and I are seeking advice in handling our finances through a separation agreement. Including matters of selling house.

    We wish to work out our own financial agreement before we speak to attorneys to file. Example; Can we still file married joint if we want to. Also, how would one person moving out of state affect taxes.

    Megan’s Answer

    You may want to consider mediation. In the alternative, one of you could retain a lawyer to prepare a written agreement that reflects the terms of your settlement. This will be less expensive than both of you retaining counsel.

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