Archived
If the parent has full custody of kid(s) does that parent have the right to leave the kids with a friend or family member?
Michael's answer
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Answered on July 30, 2018
Unless your custody order gives you the "right of first refusal," meaning before your ex leaves the children with someone else, she has to offer...
What is the difference between a Notice to Appear and a Summons?
Michael's answer
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Answered on July 25, 2018
It's your petition, so you need to appear on the date given. Though there is no requirement that you have a lawyer, I would suggest that you take...
Who gets the house I purchased before we married (NY state) if we both lived in it prior to the marriage?
Michael's answer
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Answered on July 25, 2018
The house is your separate property as you purchased it prior to your marriage in December of 2016. Given the facts you present, it is difficult...
In NY can a child support case be reopened after it was dismissed by the court because both parties arrived late to the hearing?
Michael's answer
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Answered on July 19, 2018
You can do one of two things...you can simply refile your petition, but if you are seeking support or a modification of support, if your petition...
Archived
Is child maintenance payable when the non custodial parent has the children for 2 weeks summer holidays ?
Michael's answer
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Answered on July 18, 2018
Child support is still due from the non custodial parent, regardless if they are with your ex for two weeks.
Archived
Child support and custody when husband moved to different state ?
Michael's answer
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Answered on July 17, 2018
There is no such thing as a "legal separation" in New York. You can get a "Judgment of Separation" which does not distribute marital property, but...
Archived
Will court take second child into consideration when ex-wife asks for an upward modification in child support?
Michael's answer
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Answered on July 16, 2018
There is no "credit" against your child support obligation to your first child because you had a second child. Though you could argue that the...
Archived
At what age can a child decide what parent to live with and what year this law came in affect ?
Michael's answer
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Answered on July 16, 2018
There is no law or any particular age when a child can decide which parent he or she wants to live with. It really depends more on the maturity of...
Can I keep the house if I bought house only in my name after I married and if I divorce in the future?
Michael's answer
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Answered on July 16, 2018
No, it doesn't matter whose name the house is in. If it was purchased during your marriage, the house is marital property, subject to equitable...
Archived
Need help from a tax attorney please. Or maybe divorce attorney. Can two exes file taxes together?
Michael's answer
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Answered on July 11, 2018
As long as you are still legally married, you can file jointly.