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Maria C. Tebano

Maria Tebano’s Answers

991 total


  • Is it necessary to file form UD-4? Or does the statement in the complaint suffice?

    I'm filing for uncontested divorce in New York. I have already filed UD-1a (summons) and UD-2 (verified complaint) and purchased an index number. The complaint includes the statement: "THIRD: The Plaintiff and the Defendant were married on xxx ...

    Maria’s Answer

    Yes, you will ultimately have to file it. If you did not file it with the Summons and Complaint, you can file it with your DRL Section 211 papers.

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  • Is it OK to file for divorce using a relative's address?

    I am planning to file for divorce from my husband. The issue is that I may be leaving my current residence in 1 to 2 month. Would it be OK to use a relative's address as my own to prevent any complication or delay in the divorce process?

    Maria’s Answer

    You should not use your relative's address, when you file for divorce. You should use your current residence, or get a PO Box in the County of your residence, if you are concerned about delays. If you hire an attorney, all court documents will go to your lawyers office, so where you get your mail would not be an issue.

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  • Is spouse #2 entitled to any $$ of the military pension or business, or alimony?

    Question: Live in NY, not legally separated, married 5 years (11 years total) divorce in between then got remarried.( to same person) spouse 1 is on SSDI , works and will be receiving a military pension starting next December. Spouse 1 abandoned...

    Maria’s Answer

    Spouse 2 would be entitled to any portion of the military pension that was accumulated during the period of the remarriage. If you go into pay status, while you are still married, you may be required to give Spouse 2 retroactive payments from the military pension, so speak to any attorney before you start receiving the pension benefits. If spouse 1 opend the bar with a partner, the bar would be presumed to be a marital asset because it was acquired during the marriage, but you can rebutt that presumption by establishing that no marital funds were used to acquire the interest in the business and Spouse 2 added no value to the business. As for alimony, that is dependent on income levels. The lase on spousal support will be changing on January 16, 2016 so consult an attorney before that time.

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  • Can I get my money back for overpayment of spousal support?

    I had overpaid my former spouse maintenance because my job messed up the wage garnishment and she says I can not make her repay it (she is not working) because I waited too long, is there a law or statute in New York that says this?

    Maria’s Answer

    How long did you wait? Under the circumstances that you point out, you can get the funds back, because it was an over payment due to a mistake of fact and not an overpayment due to some temporary spousal support award that was later reduced or some voluntary payment that you made. You can file a petition in family court or small claims court and attempt to get the funds back.

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  • I will like know how can I find out if a child is my granddaughter?

    I will like know how can I find out if a child is my granddaughter? I also will like to get visitation/custody If I am the grandmother. Presently the child reside in Florida and I reside in New York. Thank you

    Maria’s Answer

    First, you must seek the assistance of an attorney in Florida, since that is where the child resides and that is where any litigation would have to be commenced.

    Why do you think the child is your granddaughter?

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  • If I were to file for full custody of my son, how would this process work? Is full custody awarded to a father very often?

    What paperwork would I have to bring to court to file the petition? Is this better than filing for split custody? I don't want to keep his mother from seeing him all together, but want a significant role in the decision making process in terms of...

    Maria’s Answer

    There are several different forms of custody. Joint Custody meaning that you and the mother would discuss and make decisions jointly. Sole custody means that only one parent makes the decisions regarding the child's general health and welfare to the exclusion of the other parent (this is rarely granted). As for parenting time, one parent can have primary physical custody with the other parent having parenting time or the parties can have a 50/50 split of parenting time. There is a trend toward a 50/50 parenting schedule, if the parties work schedule permits. However, judges will grant custody to the father under circumstances, where the mother is a risk to the child or an inappropriate caregiver.

    If there is no current custody order in effect, then you must file a petition for custody. Once that is done, you have to establish that sole custody and primary physical custody of the child to you is in his best interest's. If there is a custody order in effect, then you must file a petition for modification and establish that there is a change in circumstances warranting a modification of any existing custody order.

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  • Can two parents living in different states have shared custody? even if child support/insurance continues to be paid monthly?

    if parent with child refuse shared custody what are my chances of signing parental rights over and not dealing with no child support no nothing?

    Maria’s Answer

    That really depends on whether the parents live on the border of the two states and the distance between the two homes. If one parent lives in Brooklyn, NY and the other parent in California, then no, shared physical custody will never happen, but the parents can have joint custody. Whether or not a parent pays child support or health insurance, does not mean that they are entitled to one form of custody over another.

    You can not give up your parental rights to avoid the payment of child support. DSS or the other parent can make such application, if facts support that conclusion, but child support is never a reason.

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  • Trying to relinquish rights for kids in Colorado but I'm in NY

    I was a Marine and had to marry a civilian after she "accidentally forgot to take" her birth control pills and got pregnant with 'most likely' my child. Had issues thorough marriage, but she got pregnant again, not sure if she is mine and we didn'...

    Maria’s Answer

    Child Support under New York Law: Your fiancée/wife will not be responsible for the support of your children from another marriage. If you have documented mental health/medical issues, to the extent that they developed after September 2013, and medical documentation indicating that you are unable to work, then you should file a petition for a downward modification of support to reduce/eliminate your child support. If you were working and now earn 15% less in income, you can also file. Additionally, if you are unable to hold down a job due to your medical issues, then you should file for social security disability, which would also provide for dependent benefits for all children under the age of 18. However, it sounds that you are operating under Colorado Law, so you should check with an attorney in that state to determine the state of the law in Colorado.

    In New York, you cannot terminate your own parental rights. This would have to be a petition either filed by the children's mother or the Department of Social Services. I do not know what Colorado law provides on this issue, which is the home state of the children and would control this issue.

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  • Hello my name is Aaronette, i'm fighting custody, in nyc i never signed the paper work does this matter

    I allowed my children's grandmother to take care of them temporarily, (she asked me for 18months) now she betrayed me by obtaining temporary custody of my children , none of the paper work has my signature on it......does this mean anything ( I g...

    Maria’s Answer

    Your signature is not required for the grandmother to obtain temporary custody of the children, if she claimed extraordinary circumstances in her petition for custody that warranted the court granting her temporary custody. It is rare for such a situation to have taken place. Did she claim that you either abandoned the child or present a substantial risk factor?

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  • I filled uncontested divorce. Both of us had signed the paper. Since than i have moved out of state.

    The judge has now put dismissal. Is the divorce final?

    Maria’s Answer

    Moving out of state would not effect whether you could obtain a divorce in New York State. The issue becomes why the judge marked it dismissed. Was it for failure to submit additional documentation, was it for failure or prosecute......more information is needed.

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