Alexander Korotkin's Answers

WHAT AGE DOES A CHILD STOP GETTING SUPPORT WHILE IN COLLEGE

If the state in question is New York, the child support, and in appropriate circumstances payment for college expenses, ends at the age of 21. However, the underlying child support obligation may be modified if the child is attending college away from home to reduce duplication of certain types of expenses. In addition, New York courts have held that depending on the language of the separation agreement, parent's obligation to pay for college may extend past the age of 21. I would suggest...

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NY child custody laws, does child have the right to choose custodial parent

The standard for determining who has the primary physical residence is the best interests of the child. At the age of 8, your son's wishes alone would not determine where he lives. If you bring a petition seeking a change in primary physical residence, a law guardian is likely to be appointed to review the situation. Until the age of 13 or so, the children's input does not carry that much weight with the courts. If the law guardian is appointed, the court is highly likely to follow hi or...

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NY child support laws, can parent lose drivers license for non payment of child support in NY state

It sounds like there is a significant problem with the CSEU. If the child is not residing with the mother, then she is not entitled to child support. Generally, a driver's license will be suspended if there are significant child support arrears, however, there obviously has to be a current child support order under which the arrears accumulate. I would suggest meeting with an attorney to review all of the paperwork related to this situation. While the child at this age can decide where he...

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Income Taxes

This depends on a number of factors, including whether you knew that he did not file, whether you benefitted from the money he earned and a number of other factors. It is possible that "innocent spouse" defense would be available to you in any proceedings brought by the IRS. I would consult with a reputable tax attorney or accountant.

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I live in new york state and must have grounds for divorce how do the grounds affect the divorce

In New York, you need to have grounds such as adultery, cruel and inhuman treatment, abandonment or other grounds included in the statute. if you do not have grounds, your best hope is to enter into a separation agreement with your spouse and get divorced a year later - it is called conversion divorce. Whether or not your spouse chooses to enter into a separation agreement is up to that spouse, it is a voluntary act. Without grounds, you cannot be divorced.

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NY state child support laws, procedure for seeking modification to child support order

The answer depends heavily on how the prior child support order was established. If the prior child support was based upon the parties' separation or settlement agreement, its provisions will govern. If it was based on a decision after a hearing, then the decision must be reviewed. Generally, in New York, the mere fact that the payor's income went up may not be enough to meet the burden on proof on a modification petition. I suggest you speak with an experienced family law attorney to...

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NY state child custody laws, right of parent taking child out of country without father's permission

Depending on the provisions in your separation agreement or judgment of divorce, you can bring a proceeding against your ex-wife in either Family or Supreme Court. What is unclear from your question is whether the child was returned back to the United States. If the child was brought back, the appropriate remedy is likely to be contempt for violating the judgment of divorce. If the child was not brought back, then you have to consider to what country he/she was taken to, whether that country...

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NY child custody laws, parent's right to take child out of the country

There isn't a simple answer in this situation. Initially, it is unclear what your judgment of divorce or separation agreement actually say about residence of the child. Assuming that the move took place within the last 6 months, you can seek modification of custody in New York courts as New York would still be considered home state of the child.

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NY state divorce, 401k divorce, division of pensions, ira and 401k during divorce

Generally, at the time of divorce, the court is able to make determinations with respect to such situation. If the money was withdrawn, your spouse is likely to be obligated to repay your portion to you. Please note, until there is a divorce action pending and your spouse has been directed to preserve the property, you have no way of stopping her. While you mention that you are in the process of separating, until there is a valid separation agreement or judgment of separation, you do not...

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Procedure for seeking modification to child custody order under NY family law

You need to file an order to show cause in Family Court as soon as possible. Since you have the primary physical residency of your son, and presumably a court order to that effect, the Family Court can issue an order directing her to return your son as well as a writ of assistance directing local police to assist you. You need to speak with an experienced family law attorney as soon as possible.

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