My husband owes $16,000 in child support arrears. His ex has agreed to close the case if he pays her $8,000 cash. Can he?
Michael's answer
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Answered on July 26, 2017
If your husband's ex owes money and there is an open court case, he needs to settle it in court before a Support Magistrate. Even if there is no...
Are notarized character reference letters admissible in a divorce or child custody trials?
Michael's answer
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Answered on July 26, 2017
The short answer is no. All of the letters are "hearsay". You need the people, not their letters and character references.
Is there a way to keep all of my 401k funds in a divorce if my spouse is an addict? If so, what proof is required?
Michael's answer
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Answered on July 25, 2017
Yes, it is possible given the facts you state. In New York, marital assets (and debts), including 401(k)'s are divided "equitably" which is...
How would I apply the Majauskus formula to an IRA account?
Michael's answer
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Answered on July 24, 2017
It is likely that your IRA will require a Qualified Domestic Relations Order (QDRO) to effectuate the division of these monies pursuant to your...
Archived
Bankruptcy and child support?
Michael's answer
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Answered on July 19, 2017
Bankruptcy will not affect your child support obligation, as child support is not dischargeable in bankruptcy. I am not sure where your daughter...
I am separated for over 15 years- my x husband was deported 3 years ago!
Do I still have to file for a divorce?
Michael's answer
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Answered on July 19, 2017
Your "remarriage" will not be a valid marriage unless you are divorced from your present husband first, regardless of whether you haven't been...
Archived
Do I need to include a statement of net worth when requesting temporary maintenance?
Michael's answer
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Answered on July 18, 2017
Yes. The Uniform Rules require this. I would urge you to consult with and retain an experienced matrimonial law attorney to assist you if...
Archived
My ex wife is sending my daughter in day care with very high cost. Does child support include day care cost?
Michael's answer
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Answered on July 17, 2017
"Reasonable" child care expenses are a mandatory add on to your basic child support obligation of $1,300/month, when the custodial parent is...
What can I do when Im pregnant and my partner left me?
Michael's answer
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Answered on July 17, 2017
Unfortunately you can't do anything until the baby is born. Once that happens, you can go to Family Court and (1) get an order of custody; and (2)...
Archived
Does legal separation instead of divorce create additional risk for the "moneyed" spouse?
Michael's answer
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Answered on July 17, 2017
While it's not unusual to delay a divorce so one spouse can remain on your health insurance, for the reasons cited by the other attorneys I would...