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Anthony Gerard Buono

Anthony Buono’s Answers

77 total


  • Why can no one tell us how long a Magistrate has to make a decision on a child support matter? (NYS)

    My husband feels strongly that his rights have been violated. He was granted the right for an attorney, went to court agian, his lawyer called the wrong court he wasnt showing my husband appeared, magistrate did not believe that he had attorney pr...

    Anthony’s Answer

    The amount of time it takes to get a decision from a Support magistrate will vary. One year is excessive by any standard. Your husband may want to speak to his attorney about this or consider getting a new attorney who will clean up this mess.

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

    See question 
  • My son was born in a marriage a judge can change the last name if his supposed father establishes paternity

    my ex boyfriend bring me to court to prove paternity of my son. I am married but my husband is not the father, he was living out the country when my son born, he accepted my son as his and now we are living together for 2 year. i don't know if m...

    Anthony’s Answer

    I am not exactly sure of your question since your grammar is poor. But if I understand you correctly you and your husband are back together and your son is now five. I such a case, I expect that a court would not allow your ex-boyfriend to petition for paternity five years after the birth of your client. Also, he will never be able to force you to change your child's last name. But he would have to pay child support.

    You should consult with an experienced local attorney who concentrates in
    family law.

    As with all legal matters, on-line advice is no substitute for an in-person attorney consultation. An experienced local attorney will be familiar with the local customs and practices in the county in which your case will be heard in court. They will be able to give you the best advice once they are familiar with the unique facts and circumstances of your case.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com
    www.TheUpstateNewYorkDivorceLawBlog.com

    See question 
  • If I want to modify my stay away order of protection how can I find out who his lawyer is

    DV felony choking but could still breath no marks I need help with bill and rent payment also want to help maintain his mental health appointment and medication

    Anthony’s Answer

    Don't give in and modify your order of protection. Instead of looking for his attorney you should consider getting more help for you to help you with your rent. If you are married or if you have children you can file a support petition. The local Domestic Violence Hotline is 585-343-7513. Call them and see what services that they have available to help you.

    You do not need to go back to anyone who chokes you.

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  • What happens if I am unable to show up for the court case that my ex wife petitioned against me?

    I'm the non-custodial parent of the children and I just relocated to Fishers, Indiana due to job reasons available and my sibling lives there. My ex wife filed petition against me. The court is in Delhi, NY.

    Anthony’s Answer

    Bad things will happen if you fail to appear. However, you can appear by telephone. Contact the Office of the Clerk of the Court that sent you the Notice to Appear in Court.

    As with all legal matters, you should consult with a local attorney who concentrates in family law. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • I live in New York can i leave with out telling the Father we don't have custody are visitation

    he abuse me in front of the kids

    Anthony’s Answer

    If your question is can you move out of the house and take the kids with you, then the answer is yes. You should file a police report for the domestic violence incident or incidents that happened in front of your children. You also should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • Can i sue my attorney for malpractice due to the fact that they didn't freeze my ex husbands bank accounts and deferred comp ?

    our divorce went to trial and it has been two and a half years . attorney filed Qudro only to find out there are no more funds . My ex owes me a ton of money how can i get it ?

    Anthony’s Answer

    You would need to establish that your attorney committed some act of malpractice or failed to perform something that they should have done and for which you had engaged him or her. If you did not engage your attorney to prepare a QDRO or to take action beyond the trial of your divorce action then it appears that they did not commit any malpractice.

    Without more information than the two short paragraphs that you have offered, it is impossible to answer this question with any more certainty than this.

    You should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • My Husband and I have been legally separated for 4 years and now we want to get re-married, how do we do that?

    Do we have to continue through with the divorce before we can get re-married?

    Anthony’s Answer

    If you have a written separation agreement you will need to do another short agreement that terminates the earlier agreement.

    You should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • What can I do to enforce an order for my ex husband?

    He is an alcoholic and it is explicitly stated in our divorce that he cannot consume or possess alcohol when he has the children. My son told me that he spends the entire weekend sitting in the garage drinking, and was able to describe the beer ca...

    Anthony’s Answer

    Before you send your kids back to your ex, you should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    In the mind time, it appears that you have a really good basis to ask a Court that his time with the children be limited and that it be supervised by a third party. A local family law attorney will be able to tell you how this would work in your county. They may even suggest that you file a Child Abuse Hotline report to get the Department of Social Services involved. You must do something since you know that your children are not being cared for properly while they are with him.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • Do I need to make a counter list of relief sought after being served with Divorce Papers? How do I counter the Plaintiff?

    I received A Summons with Notice "Action for Divorce". I am summoned to serve a notice of appearance upon my husbands lawyer. I printed that out, filled it out and plan on filing that. My husbands' lawyer made a decent sized list of "relief sought...

    Anthony’s Answer

    You need to serve a Notice of Appearance and a Demand for Complaint.

    __________
    CAPTION Index No. ________
    __________

    Notice of Appearance and Demand for Complaint

    PLEASE TAKE NOTICE that the Defendant appears in the above entitled action, and that she demands that a Verified Complaint be served upon her within twenty (20) days and that all further papers in this action be served upon her at the office and post office address stated below.

    Your signature
    Your name
    Your address

    You really should consult with a local attorney who concentrates in matrimonial and divorce matters. On-line advice is no substitute for an in-person attorney consultation. Even if it is just to talk you through the final stages of the process, a consultation is probably worth the money.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • I filed a family offense petition - can I amend the affidavit AND/OR ask for it to be a full "stay away" instead of no contact?

    I have not yet served the papers on the respondent - am I able to add something to the affidavit and change my request from a "no contact" order to a full "stay away" order? What must I do? Will I have to go before a judge again or just the clerk?

    Anthony’s Answer

    To modify a Temporary Order of Protection in Columbia County you will need to go before the Judge again. Only the Judge can modify the Temporary Order of Protection and they usually will not do this lightly. You may want to start by contacting the Judge's law clerk to see how they would suggest that you go about doing this. This is an uncommon but not unusual request.

    You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question