Frank Stephen Ieraci’s Answers

Frank Stephen Ieraci

Buffalo Family Law Attorney.

Contributor Level 11
  1. Can I get sole custody of my 11 year old daughter in NY, the father has been absent the last 10 years?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Frank Stephen Ieraci
    3. Louis Lawrence Sternberg
    4. David Ivan Bliven
    4 lawyer answers

    You can certainly petition for custody. The only problem I can see is that you may not be able to serve the papers on him since you don't know where he is. Therefore, you will probably need an order for substituted service. You should consult with a local attorney about this matter. The attorney can make sure that the proper work is done to obtain the order for service. You should also be sure to include the request for authority to obtain a passport and travel outside the country...

    7 lawyers agreed with this answer

  2. I had an affair and the woman I had the affair with is claiming she is pregnant.

    Answered over 1 year ago.

    1. Howard E. Knispel
    2. Frank Stephen Ieraci
    3. Jayson Lutzky
    4. Jayne Leslie Brayer
    4 lawyer answers

    Stop talking to a "paralegal." I use quotaton marks because I don't know any real paralegals who think they can give legal advice and negotiate agreements for people. Speak to a lawyer in your area BEFORE you give any more money to anyone.

    6 lawyers agreed with this answer

  3. I have a question about schedule J in Chapter 13

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Kathryn Ursula Tokarska
    3. Dorothy G Bunce
    3 lawyer answers

    Although there are federal guidelines for expenses which are used in Form 22, you are expected to list your actual expenses in Schedule J. If the expenses are much higher than the guidelines, the Chapter 13 Trustee might ask you to explain why, If the trustee does not accept your explanation, he or she may ask the judge to disallow part of the expense and increase your disposable income available to pay into your plan. An experienced bankruptcy attorney can help you. I do not advise...

    6 lawyers agreed with this answer

  4. I make 300/wk with housing, spouse 55k yr seperated/ 2 kids/joint 50/50 what just happened/ what can I do now how screwed am I

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Jayson Lutzky
    3. Elizabeth Ann Wolt
    3 lawyer answers

    I know you tried to ask this before, but the question is still unclear. If you are receiving support, the only real difference the imputation of income should make is in the division of child related expenses. There is plenty of case law indicating that the higher income parent should pay support even if custodial time is 50/50. I assume you agreed to a deviation from the standards. If you are paying support, imputation of income is a killer. But without knowing why income was imputed,...

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  5. Have any of the lawyers here heard of a judge putting neglect charges on a parents for allowing a toddler to sleep in their bed?

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Erin Patricia Farley
    3. Michael L Rich
    3 lawyer answers

    Actually, judges don't file the petitions. A Child Protection worker does. You question is probably asking whether a petition can be brought for such a reason, and is a judge likey to sustain it. Generally, sleeping with a child in bed is not a problem. However, if a child is injured as a result, the practice could be alleged as a form of neglect. If the parent or child has a condition which makes the practice more dangerous, and if a medical professional has advised the parent not to do...

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  6. I was made beneficiary of a 1/2 houses after a friend died. The executor is saying she has to sell all assets to pay off debts.

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Jayson Lutzky
    3. James P. Frederick
    3 lawyer answers

    Yes, you should at least consult with an attorney. Please be sure to bring the copy of the will you received. If you can get a copy of the deed from the county clerk's office, this will also help. You may also check the file with the Surrogate court to see if any claims have been filed against the estate.

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  7. My Husbands Daughters mother has insisted that a certain clause be included in their order of custody

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Lawrence Allen Weinreich
    3. Jayson Lutzky
    3 lawyer answers

    There may be some confusion about the meaning of "right of first refusal." Dad's wife seems to think it means that you are obligated to take the child if he is unavailable. It doesn't. You may simply choose to if you wish. Each parent has the responsibility of ensuring proper child care if the parent is unavailable when the children are scheduled to be with him or her. Obviously, the other parent is a great choice if available. If not, another plan must be made. If dad knows he will...

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  8. How important is equal parenting time to a child with special needs and his development emotionally and socially?

    Answered about 1 year ago.

    1. Frank Stephen Ieraci
    2. Latrice Vinell Campbell
    3. Marco Caviglia
    4. Peter Christopher Lomtevas
    5. William Charles Rosenfelt
    5 lawyer answers

    Although I agree with Mr. Lomtevas, I'll now contradict myself by trying to actually give an answer. Equal parenting time is probably unimportant. Effective parenting time is very important. Neither parent should be counting hours. There should be a schedule that makes sense for the parents and the child. Having said that, it seems extremely unlikely that an alternate weekend schedule will be harmful to a child with ADHD if both parents act appropriately with the child and communicate...

    5 lawyers agreed with this answer

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  9. Husband works 2 jobs can't move his mother. Do I need to protect my self from mother in law and siblings who don't help.

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Howard E. Knispel
    3. Paul Karl Siepmann
    3 lawyer answers

    I am unsure what you are asking. It sounds like your mother in law lives with you or very near to you. Her other children don't help with caring for her. If this is the case, you need to have an honest talk with your husband about the situation. I don't know what "protection" you may need from the siblings, but you and your husband should be in agreement about what happens in your home, and what the two of you are willing to do for your mother in law.

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  10. Does a Discharge of Debtor Order of Final Decree mean a parent is not liable for her children's private school tuition?

    Answered over 1 year ago.

    1. Frank Stephen Ieraci
    2. Michael Hal Schwartz
    3. Paula Brown Sinclair
    3 lawyer answers

    It sounds like this question comes from the school, not the debtor. If the parent received a discharge, the tuition unpaid as of the date of the petition is discharged against that parent. It is entirely collectable from the other parent if that parent is contractually liable to the school and has not also received a discharge in bankruptcy. As the other attorneys have pointed out, tuition accrued after the filing of the bankruptcy is not discharged, and is an enforceable post petition debt,...

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