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Jayson Lutzky
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Jayson Lutzky’s Answers

7,091 total


  • Can I be penalized for such payment(s), even if Mom refuses to accept?

    Case pending for child custody/visitation. Mom DID NOT file a child support order, but I do provide support voluntarily. Mom refused to claim the last two payments. Checks are mailed bi-weekly. Mailed a total of 5 checks and she claimed the fi...

    Jayson’s Answer

    If the only case is for custody/visitation, then there is nothing to fear regarding child support. Child support is only due from the date someone files a petition in family court. When the custodial parent files for child support, then you are responsible.

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  • How can I get the child support sent to my son instead of his Mother.

    I pay child support. It presently is being collected by my son's mother. He is 22 and no longer lives with his mother, in fact he is buying a house. He hasn't lived with his mother for 2 years, he was living with his Aunt. I wish to have the child...

    Jayson’s Answer

    If you owe back support and the mother agrees in court that you can pay the child, then it is possible. If you are paying current child support for a child who is 22, then you should see a lawyer and bring in a copy of all court orders for the attorney to review. Normal age of emancipation is 21 unless extended by agreement in writing or stipulation in court.

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  • Why do I have to pay retro-active child support even though I've been paying all along? Can what I've payed be applied ?

    Just closed a child support case. I've been paying the temporary order amounts for the entire time, now once we've finally settled the new amount goes retro-active?

    Jayson’s Answer

    It goes retroactive to the filing date less any payments made, unless the custodial parent waived retro in family court.

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  • What kind of penalty can I expect for violating a divorce order?

    I am out of work and waiting for a SS Disability hearing. my divorce order says I have to pay for half of my child's educational costs. Now I owe my ex $1300, with no job and unable to work. what can I expect a magistrate to levy as a penalty?

    Jayson’s Answer

    Magistrates do not levy penalties. Your ex can seek legal fees, incarceration, interest and a judgment. It is best to file a modification. Seek a local lawyer to assist you.

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  • Child support

    my and my x wife working and she make money more than me , i pay child support for 2 kids about 1/3 of my income ,my question can i dposit the child support in account in the name of my kids so they can use it when they become 18 yrs old , idont m...

    Jayson’s Answer

    Basic order of child support should be 25 percent of adjusted income for two children, plus add ons for medical and child care plus any arrears payable to the noncustodial parent, not the children.

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  • How to summit evident s to the queens family court?

    My wife abandoned the child in year of 2013, after 14 months she sue me in the family court says I told the child away from her, and not let her see the child. and it's looks like the family court judge believes what my wife said. I try to summit ...

    Jayson’s Answer

    Not possible to teach you to be a litigator on-line. Hire an experienced lawyer to help you.

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  • I am looking to file bankruptcy is it the best idea?

    My boyfriend and I are looking to buy a house within the next couple years and I am drowning in credit card debt. I currently have around 14000 in unsecured debt and my monthly payments keep going up. What is the best way to go about this?

    Jayson’s Answer

    If you are unable to pay yiur debts, then you should consult with a bankruptcy lawyer to discuss your options. Also speak to a real estate lawyer to discuss the process to purchase property.

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  • I've been married for 14 years and have children. I'll finish nursing school prior to divorce how does this affect financial

    Is getting my degree considered an asset? Will I have to pay my husband some amount? He has a well paying job and did not pay for my nursing school- I took out loans. I stopped working since February 2015 to finish school.

    Jayson’s Answer

    Anything acquired during the term of the marriage until the filing of the divorce action is marital property subject to distribution with certain exceptions. Once something is classified as a marital asset, then the court needs to divide it equitably. It is best to retain an experienced attorney to assist you. The law regarding degrees and professional licenses is constantly evolving.

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  • We have joint legal custody and I have residential custody. My question is can my ex just show up at daycare and pick my son up

    Even though it is not his parenting time? The daycare said that if the father shows up they must release my son. I have provided them with our order that outlines his parenting schedule. It clearly states dad picks up m/w 5pm-7pm. So why wld day...

    Jayson’s Answer

    File a petition to set up a specified visitation order with the family court. The day care agency will not play judge to interpret what your agreement says.

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  • Can you put in drop visitatiins against a temporary order for visitation.

    The other parent violated the order by smoking around the child, taking them to the drug spot and neglecting the child by not bathing the child. The father even refused for me to speak to the child 10 days out of the 14 days he stood there.

    Jayson’s Answer

    You can file violation petition as well as a petition to modify the order of visitation.

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