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Alexander Korotkin’s Answers

34 total


  • Can my wife undo a sepration agreement that was filed with court? It was about 3 weeks ago.

    Alexander’s Answer

    Assuming that the separation agreement was negotiated between the parties and all of the assets and liabilities were fairly disclosed, it is highly unlikely that your wife would have grounds to have it vacated. With respect to your girlfriend, her entire income would not be included in child support calculations. However, if you and she are sharing expenses, this may result in some of her income being imputed to you. For a more detailed discussion of this and similar issues, please take a look at my New York family law blog, rochesterfamilylawyer.korotkinlaw.com .

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  • In NY, is there any benefit in being the person being served divorce papers?

    Alexander’s Answer

    Actually, since New York is a fault state, i.e., one spouse needs to be at fault in order to be divorced, it is the non-fault spouse who commences the divorce action.

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  • What is cohabitation w/ an unrelated male?

    Alexander’s Answer

    It is sort of a complicated. It largely depends on the actions of the parties and the factual circumstances of the living arrangements. For a discussion of the recent decision of a case involving cohabitation, see the following entry on my blog.

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  • Under NY law, can you file for a divorce if you have been separated for over a year, but never filed a separation agreement?

    Alexander’s Answer

    Assuming that you have a valid separation agreement, it does not need to be filed for a year, but you need to live separately and apart for at least a year and comply with the agreement. See Domestic Relations Law 170(6).

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  • My ex wife won a settlement from me when we got divorced. I can no longer afford to pay her. Can she have me put in jail.

    Alexander’s Answer

    I disagree with the previous answer with respect to bankruptcy. Obligations created by a judgment of divorce cannot be discharged in bankruptcy. The way to handle this situation is to bring a motion for modification of your maintenance or child support obligation. In order to be successful, however, you will need admissible proof of your medical condition, including evidence that you are no longer able to work. Further, if you went to jail because of something you did, this can be considered a self-imposed hardship and there may not be a downward modification available since the court can impute income to you.

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

    Alexander’s Answer

    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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  • Domestic Violence charges and how it affects a divorce proceeding.

    Alexander’s Answer

    You are asking a number of different questions. Initially, you may bring a divorce action on the grounds of cruel and inhuman treatment which would be based upon your husband's assault on you. With respect tot he debts incurred during the marriage, those would be divided in the divorce. It is unlikely that any court would direct you to pay for the debts related to his assault on you, but I would hope that he is found guilty on the charge since then it would not even be a question. If he is acquitted, you still can bring a divorce action since the burden of proof is different in a criminal case, as compared to a civil action such as divorce.

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  • Income Taxes

    Alexander’s Answer

    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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  • Postal pension as division of assets

    Alexander’s Answer

    Unfortunately, that may be true. Any assets accumulated during the marriage are considered to be marital and are subject to equitable distribution. In New York, equitable distribution does not always mean equal distribution and may depend on a variety of factors. I would suggest that you discuss these issues with your attorney.

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

    Alexander’s Answer

    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 wants to live, the child support should be paid only to one person.

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