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Rory M. Alarcon

Rory Alarcon’s Answers

187 total


  • What is the cut off age for a child receiving child support?

    Is it 23 years of age or until they finish college ?

    Rory’s Answer

    The outer limit is usually imposed only when the child is still living with the custodial parent, enrolled in a course of undergraduate education, and not economically independent, but each support stipulation may vary,

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  • Is there a statue of limitation for Alimony in the state of New York?

    I am divorced from my husband. We have been seperated and divorced sinse 1998, and I am not re married.

    Rory’s Answer

    You should bring the Petition as soon as possible, as the longer the delay in the enforcement of the support order, the more difficult it would be to prove that the payment was missed. If he never paid spousal maintenance, then do this immediately.

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  • I live on Long Island, NY. Is child support calculations capped at $136,000?

    I am on Long Island, NY. My soon to be ex makes about $165,000. He and his lawyer claim that the courts cap the child support calculations based on a maximum of $136,000 so I wouldn't get anything above that amount unless extenuating circumstance...

    Rory’s Answer

    WAIT, WAIT, WAIT....
    If your husband makes that amount, why do you not have a lawyer?
    I do not see mention of your lawyer.

    Do not sign a thing or even consider doing anything OTHER than consult with a local Divorce attorney.
    You may be signing away assets and income without you even knowing it.

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  • Divorce

    Divorce Asked in New York, NY - less than a minuteI want to fill for my divorce, I am a permanent resident, I got my green card through the marriage 5 years ago. I am pretty sure my husband is going to agree without a problem. We don't have any...

    Rory’s Answer

    The attorney fees may vary, but at minimum the court costs will be $335.00. This is for the purchase of the index number (210), filing of the Note of Issue and RJI (125).

    If you do not required a separation agreement, then you may only incur attorney fees of 1000 to 3000 dollars.

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  • What is the first thing I need to do to get ready for divorce?

    I am a stay at home mom with a 16 year old and a 20 year old special needs child. How do I get started? I have no money of my own.

    Rory’s Answer

    You can call the Suffolk County Bar Association at 631-234-5511 for a recommendation on a local attorney who practices Matrimonial Law.

    If you retain an attorney, they may file a motion with the court wherein your husband is required to pay your attorney's fees and/or make payments for your support during the proceeding. This would depend on a number of factors, including the length of the marriage, respective incomes, etc..

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  • Can my husband sell his share of a house if me and my 5 children still live in that house? We've been married 22 years.

    We both have shares in the house, my husband has threatened to sell his share of the house we live in. There are tenants living in the house as well and we use that rent to pay mortgage. Could he sell his share? And if so, what would become of me ...

    Rory’s Answer

    If you start an action for divorce, there is an automatic stay on any significant transfer of assets, including your home, as it is a marital asset.

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  • What happens if i dont show up violations order of protection againts me criminal courts at ny ?my ex husband got order of

    Protection against me with lies!no proof!he told them I was calling him with blocked?!number and treating him!he divorced me before I got permanent green card,and I applied by myself!he makes complaints immigration to our marriage didn't start wit...

    Rory’s Answer

    If you don't show up, a warrant for your arrest could be issued.

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  • I have a question about college expenses in a divorce decree? Kids attend private schools. How do I calculate what is owed?

    States " College expenses shall be defined as all reasonable and necessary costs associated w/ a 2 or 4 year college education. program not to exceed the costs of a State University of New York college education including but not limited to tuitio...

    Rory’s Answer

    Your obligation is for your share of the costs that would be incurred at a SUNY school. You would pay the private school costs up to the 'SUNY cap'. If you would pay $15,000.00 if you child went to a SUNY school, you would pay $15,000 toward the cost of the private school, even if your true share of costs would be more.

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  • I sent out an information subpeona to a judgement debtor three weeks ago

    The subpeona was sighned bty a judge in Southampton,New York.I have not heard back from him since.What do I do next?

    Rory’s Answer

    This would depend upon the person that you sent it to.

    I would recommend getting another Judicial Subpoena for that person, but this time require them to appear at the court for a deposition. If they do not comply, the judge could find them in contempt and fine them.

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  • Is it possible to amend a judgement?

    Is it possible to amend a judgement after entry? If so how, a motion? is there a section in the CPLR? it's a civil defamation case. The issue is that the person has transferred the defamation to a new website to avoid the judgement.

    Rory’s Answer

    Your question is somewhat confusing.

    If there was a judgment for monetary damages against a person for defamation, then the transfer of the statement to another website would not mean anything. The judgment would still remain.

    If the judgment contained an Order to remove the statement AND cease from making the statement again, then you can move for Contempt of the Order through a motion.

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