Archived
During contested divorce, in what format are interrogatories submitted to the plaintiff, is there a form to be used?
Rachel's answer
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Answered on April 30, 2015
Interrogatories are questions intended to find out information regarding expenses assets and debts. There is no boiler plate form that I am aware...
Archived
Should I wait until we are married 20 years to file?
Rachel's answer
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Answered on April 29, 2015
There is no advantage to being married for 20 years, especially if you are already living separate and apart. If you have lived in New York for...
Archived
What are my rights?
Rachel's answer
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Answered on April 02, 2015
Technically neither of you have superior rights to your child as there is no custody order in place. However, the best way to deal with this is...
Archived
Queens Family Court- Child support hearing in a day. Wife has 0 income and has been forced to leave the house with two kids
Rachel's answer
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Answered on April 01, 2015
Since the child support hearing is already coming up, the magistrate may not adjourn the matter to obtain the documents. However, assuming the...
Archived
Custody and moving schools
Rachel's answer
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Answered on March 25, 2015
All custody issues before the court are determined based upon the best interest of the child. It is impossible to analyze your specific situation...
Archived
At the first child support hearing, what role can an attorney play?
Rachel's answer
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Answered on March 19, 2015
It depends on the situation, but very often a magistrate will issue a temporary order of support at the first hearing, so the attorney will be...
Archived
Husband has filed a petition for modification of child and spousal support in New York. Does the file W need to fie any forms?
Rachel's answer
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Answered on March 19, 2015
You do not need to file any opposition papers, you can just oppose the petition orally. However, there are certain documents the magistrate may...
Archived
Contested divorce, there is a conference court date made by my wife's lawyer, can she adjourn it without her lawyer???
Rachel's answer
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Answered on March 18, 2015
A few things: first, if your wife has a lawyer, the lawyer is required to appear at all conferences, even if it's just to request an adjournment....
Archived
Child support affidavit
Rachel's answer
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Answered on March 13, 2015
If the IRS were to find our they could get in trouble. However, it is highly unlikely the IRS will find out as a result of this proceeding
Archived
Do I need a lawyer
Rachel's answer
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Answered on March 12, 2015
A maintenance award is based on several factors including income/ability to earn and duration of the marriage. In most cases, maintenance is...