Archived
If I do receive part of my ex-husbands pension as court ordered, can I receive the money before he retires?
Maria's answer
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Answered on August 18, 2013
No, depending on the type of pension he has, you will have to wait until he actually retires to collect your share. The QDRO should be done now.
Archived
What is the law on where I live?
Maria's answer
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Answered on August 18, 2013
Custody orders end at the age of 18. When you are 17, you have the right to decide which parent you wish to live with. Don't worry about what...
Archived
Have a hearing on an order of protection. I have a petition for custody waiting to be served. I have a week between both.
Maria's answer
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Answered on August 18, 2013
No, have it served.
Archived
Child support in NY state
Maria's answer
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Answered on August 18, 2013
Payment of child support until the age of 21 is the law in NYS. It is possible to emancipate the child at the age of 18, under certain circumstances.
Archived
Can I move out of state without notifying my son's father. He never established paternity. There is no custody order.
Maria's answer
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Answered on August 18, 2013
If you don't have a custody order, then you do not need permission to relocate with your child. The father can, at any time, file a petition...
What happens after a divorce inquest? Will we reappear in court? How long will a ruling take?
Maria's answer
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Answered on August 18, 2013
After the inquest, the judge will make a final determination. That can take anywhere from 60 days or longer, depending on the judges back log of...
Archived
I'm 16 1/2 (3/11/97) and my bf is 19 (8/9/95) is it legal for us to engage in sexual activity? Could he get in trouble?
Maria's answer
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Answered on August 18, 2013
Wrong. Under NYS law, if he has sex with you and you are under the age of consent (17), it is considered statutory rape. He can get into trouble,...
Archived
When parents have joint custody, but mother has placement, how is child support decided?
Maria's answer
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Answered on August 18, 2013
It appears that you have primary physical custody and your husband did not receive a favorable parenting schedule. Therefore, you would get child...
Archived
My ex is not paying the money he owes me based on the pre nup we signed. What can I do?
Maria's answer
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Answered on August 18, 2013
If an order was issued required him to pay you something and he fails to pay, file an motion for contempt. As for the 401K, that depends on the...
Archived
How do I get the money that is owed to me? My ex-husband has not paid the last payment that is in our divorce settlement.
Maria's answer
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Answered on August 18, 2013
Ultimately, you are responsible for any fees charged by your attorney despite what the agreement indicates. Your attorney can file an application...
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