Will my ex's extraordinary 17% pre-tax 401K contribution reduce what I receive in child support, and is there anything I can do?
Neil's answer
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Answered on March 23, 2016
CSSA (Child Support Standards Act) does not provide for a reduction for 401k contributions. Your child support should be calculated without regard...
Archived
How do we figure out support of our 18 year old son who will now be entering college out current paper say very little about thi
Neil's answer
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Answered on March 23, 2016
You can file a petition in family court asking for both an upward modification of child support and a pro rata contribution to college. It should...
Archived
How does one "settle a judgment" in a contested divorce in NYS Supreme Court?
Neil's answer
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Answered on March 23, 2016
You need to prepare a Judgment of Divorce, in the appropriate form, incorporating all of the terms of the orders of the applicable Court. If you...
Archived
How to response this defective paper? What should I do now ?
Neil's answer
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Answered on March 23, 2016
You may have to have him served by publication, which is a complicated process. Follow the prior attorney's advice and hire a lawyer to help you...
Archived
Me and my wife filed for an uncontested divorce. Is there a way i can check if my divorce was approved ? I'm currently overseas.
Neil's answer
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Answered on March 23, 2016
If you go to www.ny.courts.gov, click on "Supreme Court" and then e-courts, you can search for the status of your case by name or index number. ...
Archived
What can I ask in a divorce interrogatory?
Neil's answer
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Answered on March 23, 2016
I respectfully disagree with the prior answer - there is no discovery allowed on custody issues. Discovery in a divorce proceeding is limited to...
Archived
My ex won't let me see proof of life on the remaining two cats where do I stand legally, I don't want to pay indefinitely
Neil's answer
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Answered on March 23, 2016
If you have an agreement, you are both bound by the terms of your agreement. What does it say about her providing "proof of life" of the cat(s) in...
Archived
Do I have to keep my husband on my health insurance? He has mine through work as well as medical assistance through the state.
Neil's answer
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Answered on March 23, 2016
Generally, unless he agrees to it (in writing!), you need to keep him on your health insurance until your divorce is final. On the other hand,...
Archived
Do I even have a chance to fight for my kids or because I've tried to Co-parent for two years like this will the judge listen.
Neil's answer
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Answered on March 23, 2016
It is hard to know exactly what you are asking, but the general answer is that, in custody litigation, the Court is always guided by the principal...
Archived
Can I go to family court to modify support after decision but before judgment
Neil's answer
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Answered on March 23, 2016
The timing is tricky because you don't yet have your judgment of divorce, but assuming you can meet the burden under the applicable statute...
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