Archived
Estate Planning: Where to apply to get 401(k) under New York's spousal election rules: surrogate court or agency holding 401(k)?
Steven's answer
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Answered on March 16, 2021
If you have a valid claim for the "right of election" that claim is made through the Surrogate's Court. Writing to the 401k Plan Administrator...
Archived
How does non custodial parent moving out of state with visitation rights affect custody agreement?
Steven's answer
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Answered on March 15, 2021
My suggestion is to see if you and your ex can work out a new schedule. Alternate weekends at this point is useless. Instead focus on school...
When a child turns 18 in NY State, what happens with Child Support if the child lives with only one parent exclusively?
Steven's answer
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Answered on March 15, 2021
As you state, NY child support is until age 21 unless the child emancipates earlier. If the child is living with the parent that was required to...
Archived
I understand I have to pay the arrears that I owe child support but they're still adding on every month
Steven's answer
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Answered on March 15, 2021
Unfortunately, if there is a money judgment against you it will accrue interest at 9% per year. So if your payments are less then the interest, it...
Archived
Buying property during divorce?
Steven's answer
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Answered on March 15, 2021
Highly unlikely that you will receive any compensation for the house he bought with his own money after the divorce began and additionally in a...
Archived
Can I stop or intervene with my daughter`s mom taking her out of state to Florida from NY without me agreeing?
Steven's answer
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Answered on March 13, 2021
You have the right to file a Petition to keep her from moving out of state until the court decides. If you are an actively involved father and see...
Archived
Can I move 20 miles (radius) outside Rockland county as the court documents specify?
Steven's answer
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Answered on March 13, 2021
Seems to me that you can move anywhere within 25 miles of those counties. If you are not the custodial parent the clause really shouldn't even...
Archived
Can i get full custody of my son ?
Steven's answer
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Answered on March 13, 2021
You will need to file a Modification Petition to change the residential custodial arrangement for your son. Perhaps the Mother will consent which...
Archived
My wife and I are going through a separation but not divorce as yet but she does not want me to know what’s the new home address
Steven's answer
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Answered on March 13, 2021
Unless she needs to keep her address confidential due to domestic violence, you have the right to know where your children will be living.
Divorce, how is a Interspousal transfer deed or quit claim deed different in Westchester county, New York?
Steven's answer
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Answered on March 13, 2021
If you have these questions you can always consult with a real estate attorney. Having said that, the transfer between spouses does not cause the...
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