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Megan Misiti Cumbo
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Megan Cumbo’s Answers

67 total


  • 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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  • Can I file for Visitation/Custody?

    My ex wife has sole custody of our sons and has refused to let me see my children for over a year and a half because she doesn't want our sons to know the child I have with my fiancee. If I file for court ordered visitation or partial custody, wil...

    Megan’s Answer

    It is extremely likely that the court would grant you access with your sons as long as there is no history of abuse or neglect. You should consult with an attorney, who can review the current custody order and better assess the facts of your case.

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  • Need advise on how to keep initial consult concise and short, what to ask/expect from lawyers work.

    I have a consultation with an attorney regarding a post divorce issue regarding my portion of pension and life insurance. Ex looking to reduce what I should receive to increase his current spouses portion. What is best info to bring into consult ...

    Megan’s Answer

    Bring copies of your judgment of divorce and any paperwork related to the pension and life insurance. Listen carefully to the questions that the attorney asks and answer only that question without giving a lot of extraneous information.

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  • I have joint custody of my son. My ex-husband is relocating him out of the state at the beginning of the month. What can I do?

    I pay child support to NYS. Will this change? Do I have any rights? I am supposed to see my son every other weekend but he never allows me to pick him up anymore stating that my son does not want to see me. The situation has been ongoing since 200...

    Megan’s Answer

    If you have an order granting you access with your child, you can enforce that order. You may also want to consider petitioning to prevent your child from moving away. You should consult with a local family law attorney to learn more about your rights.

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  • My ex wife will be receiving a settlement from work for her injury. Do I have a right to part of this?

    I live in NY state and I was married for 15 years. My ex wife went on disability during our marriage for an injury at work. She was off for the last 5 years of our marriage. I worked 2 jobs to support our family during these times. Now we are divo...

    Megan’s Answer

    Whether you are entitled to any portion of your former spouse's settlement depends upon your property settlement agreement or stipulation. You should review your agreement and consult with an attorney if you are unclear about your rights.

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  • What can i do to stop by ex-husband from trying to make my son look emanicipated? Son not understanding what to do,

    Joint custody of 2 - physical custody w/me in NY. Dad is retired air force and lives in VA. My oldest child was told go to VA for college dad will buy you car So, son (just 18 in NOV) attends college in VA LIVING IN A DORM ON CAMPUS ...dad live...

    Megan’s Answer

    Assuming you have an order of child support, you should file a petition for enforcement and/or violation of that order. Based on the facts you set forth, your child is not emancipated and his father had no right to unilaterally start paying support for only child.

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