Archived
If the separation agreement states a child support dollar figure but has no salary increase adjustment consideration what happen
David's answer
|
Answered on April 22, 2015
If the agreement was executed prior to the divorce law amendment (10/1/10), then the standard to modify support done pursuant to agreement is...
After a prenup is drafted and both parties look at it. with their independent counsel. What is the acceptable procedure to sign?
David's answer
|
Answered on April 22, 2015
Each party may sign & notarize separately, though the prenup only becomes effective after both parties sign. Moreover, witnesses are not needed. ...
Archived
Joint physical custody
David's answer
|
Answered on April 22, 2015
If you exactly split the waking & asleep hours 50%-50%, then you have de facto shared/joint custody. In this instance, he'd be right. Thus, you...
Archived
How do I file for a divorce in New York when I filed legal separation in CA and how long does the divorce process take?
David's answer
|
Answered on April 22, 2015
Either of you can file for an uncontested in NY so long as you've both been residents of NY for more than 1 year. Most likely, the divorce will...
Archived
One parent had a lawyer, other did not. In the parenting plan
David's answer
|
Answered on April 22, 2015
The way one proves allegations are false is at a trial. If you signed off on a settlement, then you waived a trial & thus waived your ability to...
Archived
Are there any options to have a 65% garnishment of Social Security Benefits for child support arrears reduced?
David's answer
|
Answered on April 22, 2015
If the garnishment reduces your income below the self-support reserve (135% of the poverty line), then you can petition for a reduction. You can...
Archived
Why would a Domestic Violence case be sent to family court?
David's answer
|
Answered on April 22, 2015
Most likely, there is either a Family Court filing or the Court determined they had minor children & thus wished to issue a visitation order for...
Archived
Wanting to divorce a NYS inmate
David's answer
|
Answered on April 22, 2015
You can commence the divorce yourself. You'd ultimately need to serve him with the summons via the warden, or get him to sign the consent. ...
In NY if a 17yr old child is not emancipated is custody over at 18 or 21? I thought it was 18 but heard NY is tricky with this
David's answer
|
Answered on April 22, 2015
In my mind, the law is neither tricky nor murky. For custody & visitation purposes, the court loses jurisdiction at age 18 - same cannot be...
Archived
I need a good divorce lawyer
David's answer
|
Answered on April 22, 2015
You can use the "Find-a-Lawyer" tab on this website to locate a good lawyer. Your search should be for a Westchester Divorce attorney.