Archived
On what grounds can one get a restraining order preventing my ex-husband from contact with my children?
Peter's answer
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Answered on March 23, 2015
We cannot provide catchy allegations that will sequester a child from a parent. You'll need to show imminent danger to the child's life to get a TOP.
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Archived
Changing mind close to divorce settlement
Peter's answer
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Answered on March 23, 2015
You can withdraw your action and remain married or go through with divorce and marry again. However, next time don't file for divorce.
Archived
Richmond Co Fam Ct. My ex from 6 years ago suddenly filed TOP because he did something at work that could get him fired.
Peter's answer
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Answered on March 23, 2015
Like 'jeopardy', we need questions. TOPs can be filed for any purpose: extort property, steal a kid, keep hidden, get money and on and on. There is...
In a show cause hearing who speaks first, the movant who filed the order to show cause or the opposing party in response?
Peter's answer
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Answered on March 23, 2015
Movant speaks first......................
Archived
I pay about 10,000 a year for my too children, now im being ordered too pay for 3,000 in college tuition
Peter's answer
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Answered on March 23, 2015
What is the question, or are you just venting about America's solution to the welfare problem?
Archived
My ex wife wants to relocate with son to Texas to help with the care of her sick parents. Legitimate reason or no?
Peter's answer
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Answered on March 22, 2015
We really don't have a library of nifty phrases to trigger results in a court of law. You don't have to consent to her relocation and she has to...
Archived
At preliminary conference in the course of divorce plaintiff claimed to be unemployed but was in fact, is it a violation?
Peter's answer
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Answered on March 22, 2015
Here goes again. The school book answer to your question is 'yes' because under traditional readings of disclosure rules, like CPLR §3101, there is...
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Archived
Is money from a trust fund that my sons father inherited after his father died used when calculating income for child support?
Peter's answer
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Answered on March 22, 2015
I would say 'yes because non-income producing 'assets' are includable for child support calculations. DRL 240 1-b(b)(5)(iv) and the parallel...
Archived
What is considered emancipation of child support in N.Y.?
Peter's answer
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Answered on March 22, 2015
Support in New York ends at 21 so you are screwed. You have to bring a petition and you have to prove the child's independent living by a...
Archived
Are per diem attorneys allowed to appear on behalf of an LLC in NYS Supreme Court New York County? Does the CPLR prohibit this?
Peter's answer
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Answered on March 22, 2015
Per diems are always allowed. It is not often lead counsel makes all appearances.
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