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My son's father received placement bc I failed to meet the Tropea vs. Tropea criteria even though I'm married etc.
David's answer
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Answered on June 12, 2014
If the Judge made a clear oral, on-the-record decision giving the father primary custody, but the order itself is incorrect, then it's probably...
Archived
What is the statue of limitations on a divorce agreement?
David's answer
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Answered on June 12, 2014
Divorce judgments are generally subject to the 2-year statute of limitations. Thus, on your facts, you'd have until 2017 to enforcement the...
Archived
Can I declare I Was Not married if I have a previous marriage but was legally annulled in New York?
David's answer
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Answered on June 12, 2014
I'd personally prefer the more precise answer, "Yes, but the marriage was annulled." That said, if the marriage was declared void, then its at...
Archived
Ex never paid qdro
David's answer
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Answered on June 12, 2014
Your spouse doesn't pay the QDRO - you were obligated to served the QDRO on his plan administrator. If the plan isn't paying, you'd first need to...
Can a non-custodial parent go away on vacation, without son, while on visitation schedule?
David's answer
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Answered on June 11, 2014
That doesn't sound right to me, as his time with the child was meant to be "his time." If you couldn't spend that time with the child, he...
Archived
At what age in New York Sate is a child considered major enough to move out and be on there own?
David's answer
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Answered on June 11, 2014
The children are adults for purposes of child custody, but in terms of financial support, you'd technically still owe a duty to support the 20yo &...
Archived
Does my ex- spouse have a legal obligation to notify me of the change in the college my 20 year old son attends?
David's answer
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Answered on June 11, 2014
If your divorce agreement does not specifically obligate your spouse to affirmatively notify you of changes, then no. You will need to discover...
Archived
Can a spouse waive to get portion of 401k
David's answer
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Answered on June 11, 2014
Yes, a spouse may waive distribution of a share of the marital portion of other's retirement. Best practice is to provide disclosure (via exchange...
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Archived
Can my soon to be ex-wife demand half of my future inheritance?
David's answer
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Answered on June 11, 2014
Be sure the will is clear that it is bequeathing the assets to you & only you (i.e., not your wife). Make sure the divorce is filed before your...
Archived
I asked this question yesterday but I am not sure I was clear
David's answer
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Answered on June 11, 2014
The answer to your question depends on whether the agreement has already been properly executed by both you AND your wife. If the answer is yes,...