Skip to main content
Anthony Gerard Buono

Anthony Buono’s Answers

77 total


  • Does visitation stop in February of 2016 or do I need to get a restraining order?

    I have two boys 11 and 13 years old. I was divorced in 2012. Up until December 26th of 2013 my ex wife had physical custody but due to her bad behavior concerning her drug dealing boyfriend I was awarded custody from then until now. He is serving ...

    Anthony’s Answer

    • Selected as best answer

    Visitation would not stop when this scum bag gets out of jail. But if she is not allowed to have him anywhere near the kids and this is stated explicitly in an order, she can go to jail for contempt if she lets him have any contact with the boys,

    The fact that she lives four hours away creates some issues because of you send you boys out to her and husband should show up there is not much you can do. But if your boys know that he is not supposed to have any contact with them, they can call you if she appears. You can call the police.

    See question 
  • Can you have both residential and joint custody?

    My ex and i have both been awarded joint custody of my 14yr old daughter with him being the residential custodian. Is this possible? And do i have the same rights as him? And our agreement simply states "Joint Custody" it doesnt say what kind,bt ...

    Anthony’s Answer

    You can have joint legal custody regardless of the residential arrangement. Joint legal custody relates to decision making. It requires the parents to communicate and cooperate.
    Most people have joint legal custody with one party having residential custody and the other having parenting time according to a schedule.

    See question 
  • Joint legal custody with visitation

    The primary physical custody parent has left me off of my children's emergency contact info, and indicated to the schools that I am not permitted to pick up my kids from school. No language in my stip, or any subsequent court proceedings stipul...

    Anthony’s Answer

    The answer is probably not. You should contact the school and provide them with a copy of your stipulation as well as your contact information. If you have joint legal custody, then you should be called before any third party.

    See question 
  • Can a couple in new york get divorced if one spouse refuses to sign the divorce papers?

    My wife and me got married in july of 2006 as we had a pretty good marriage at first but my wife started talking to guys on the computer and she left up leaveing me in 2012 for another guy but after about a month she asked me if i would give her a...

    Anthony’s Answer

    The short answer is yes. You can get a divorce based upon the irretrievable breakdown of your marriage, which only requires you to submit an affidavit stating such. But it is not that simple. You should consult with an experience divorce attorney who practices in Warren County and is familiar with local practice.

    See question 
  • Can I move on the other side of the country with my daughter with my boyfriend/future husband?

    I am a single mother separated from my ex boyfriend and we have a child together. I am now in a relationship with a man but he is being relocated to Hawaii. We would like to take our relationship further and have my daughter and I move down ther...

    Anthony’s Answer

    This is discussed in my Blog. I think that the article I published recently will be helpful to you.

    See question 
  • Do i have any legal right to my husbands comp settlement

    he abandoned me with all the bills

    Anthony’s Answer

    To the extent that a workers compensation settlement is a personal injury award, the answer is that you have no right to it since it is his separate property. You should consult with an attorney about this because you still may have a right to temporary maintenance or spousal support.

    Anthony Buono, Esq.
    Valatie, NY
    www.AnthonyBuono.com

    See question 
  • Once I get seperated legally how much child support am I responsible for? Second can I purchase a home once seperated, will my

    Soon to be ex-spouse be able to go after part of that house. Again we will be legally seperated.

    Anthony’s Answer

    Your child support will depend on your income and the number of children you have. As for buying a house, it will depend on the language of your agreement. You really need to speak to an attorney about these questions.

    Anthony Buono, Esq.
    Valatie, NY 12184
    www.anthonybuono.com

    See question 
  • Can my husbands ex take him to court to try to get more child support based on my income?

    My husband and his ex have been divorced for years. Their children together are twins that will be 18 in November. We have been married for 4 yrs and have one child together. She has been trying to find out how much I make for almost a year and re...

    Anthony’s Answer

    His child support should not affected by how much money you make. If his income has gone up significantly since his support obligation was calculated he may have some exposure because of that issue.

    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 
  • Alimony

    I had my court hearing and the judge ruled that alimony is reserved based on the amount of child support that I have been ordered to pay. On the stipulated order that my spouse lawyer submitted to the courts states that wife's request for alimony...

    Anthony’s Answer

    "Denied without prejudice" means that a request is denied at that moment but the asking party may ask again in the future.
    "Denied with prejudice" means that the request is denied and the asking party may not ask again for the same thing.
    Sounds like you need an attorney to look at the papers that your spouses lawyer prepared to make sure that they accurately reflect what the Judge ordered.
    You should consult with an experienced local attorney who concentrates in divorce 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 
  • Will a lender accept my divorce decree and settlement stipulation so my ex can get approved for a mortgage loan?

    It states he has no monetary obligation to make the monthly payments. We understand his credit may not be on good standing but will those documents help him? Refinance is not an option now unfortunately.

    Anthony’s Answer

    • Selected as best answer

    Depends on the lender. Depends on his credit too. If his credit is poor, a lender may be less likely to accept your divorce since the overall risk may be too much.

    See question