Archived
How can I be certain I’m paying the correct amount in child support and that the court didn’t screw me over ?
Theodore's answer
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Answered on July 29, 2019
Generally, a support magistrate is supposed to set forth a Findings of Fact outlining how he, or she arrived at the Child Support number. Review...
Archived
Did I lose my residential custody?
Theodore's answer
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Answered on July 23, 2019
You should consult with an experienced family lawyer to help you with this issue. Assuming your court order has no restrictions on relocation, and...
Archived
If my uncle transfers his stocks (my inheritance) to me when he's still alive will it affect his eligibility for Medicaid?
Theodore's answer
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Answered on July 23, 2019
You should consult with an experienced elder planning attorney, as there are certainly appropriate measures that can be taken to protect the asset.
Can I have several original copies of a will? I'm in New York City!
Theodore's answer
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Answered on June 27, 2019
Multiple "originals" is definitely a bad idea. If you are worried about losing the will, you may file it with the Surrogate's Court, but this...
Archived
Can I get half of her pension plan after divorce ?
Theodore's answer
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Answered on October 29, 2017
You should consult with your attorney in connection with this divorce matter, however, generally, you would be entitled to half of the marital...
Is it consider parental alienation when one parent denies phone calls?
Theodore's answer
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Answered on October 21, 2017
The issue of parental alienation or custodial interference is a complicated one, and there are a number of factors that go into it. In and of...
Archived
Would I get alimony in NY?
Theodore's answer
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Answered on October 21, 2017
The award of maintenance is a two-pronged question, first, with regard to temporary maintenance and then with regard to post-divorce maintenance. ...
Can my ex wife collect off my pension if it isn't stated in the divorce papers?
Theodore's answer
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Answered on October 13, 2017
I would need additional details. For example, if you were contributing to a pension prior to filing for divorce, and the divorce papers are silent...
At what point does the court pursue jail time for child support arrears?
Theodore's answer
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Answered on October 13, 2017
You would need to file an enforcement proceeding and establish that he is willfully failing to pay his support obligations. There isn't a monetary...
Will my husband's domestic violence arrest against me affect custody of my two children with my ex husband?
Theodore's answer
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Answered on October 06, 2017
Issues of domestic violence may become a factor in a custody proceeding, but will likely have a lesser impact when the domestic violence does not...
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