Archived
MY daughter is 20 yrs old her father still has to pay support but never does and owes over 10,000 Does he have to keep paying ?
Michael's answer
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Answered on December 19, 2012
If your child resides with the grandmother then you are not entitled to child support payments unless you are supporting the child. I am surprised...
Archived
How does equitable distribution work in the state of NY?
Michael's answer
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Answered on December 15, 2012
Yes. All of the factors you listed play a part in equitable distribution of assets, including your claim of marital waste. You should retain a...
Archived
Is home downpayment subject to 50/50 distribution?
Michael's answer
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Answered on December 14, 2012
Generally speaking, you and your spouse are each entitled to a "separate property credit" for your respective share of the down payment. As for a...
Archived
If I married an international student and she's back in Korea and there is no contact, can I still file an uncontested divorce?
Michael's answer
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Answered on December 14, 2012
An uncontested divorce packet is used when both parties consent to the divorce. Both you and your spouse would be required to sign and file...
Archived
Hi, I have a question about getting ssd.
Michael's answer
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Answered on December 12, 2012
In a recent case, Masella v. Masella, 2009 N.Y. Slip. Op 08190 (2nd Dept. 2009), the Appellate Division, Second Department, held that the proceeds...
Archived
Indian divorce validity in US
Michael's answer
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Answered on December 12, 2012
The divorce may or may not be valid depending on how it was obtained in India. The New York courts DO NOT favor an ex parte divorce, a divorce...
I have a support order from nassau county ny supreme court from when my divorce was finalized in 2006 and he has stopped paying
Michael's answer
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Answered on December 07, 2012
If your husband did not file a motion for a downward modification of his support payment then the 2006 order is still in effect and child support...
I have a daughter who is 20 years old. She's now pregnant. She's also in college. We live in NY. Do I still pay child support?
Michael's answer
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Answered on December 04, 2012
Yes as counsel stated, child support is paid until the age of 21 unless the child self emancipates. Based upon the facts presented, it seems as if...
Upwards modification of child support clarification
Michael's answer
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Answered on November 27, 2012
Family Court Act (FCA) §451 was amended to conform the language of the FCA provision governing the modification of child support orders to the...
Can the person who filed for custody , drop the case?
Michael's answer
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Answered on November 27, 2012
I agree with counsel. You should appear in court regardless to ensure you are not defaulted for non appearance. The case can be withdrawn on that...
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