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Westchester Divorce Attorney Archives

Q: Can my husband sue for a portion of my retirement or social secuirty?

A: Technically he can claim a share of your retirement as it's considered an asset to the degree it accrued value during the marriage. Thus, it's imperative you file for divorce asap. If you have minor children together under 21, you can counter-sue him for child support. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: My name is not on the deed to the house can my wife kick me out prior to divorce?

A: No, not generally. There is no "self-help" for removal of tenants in NY, so her remedy would be to make an application to the divorce Judge. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment. 

Q: When is a divorce case closed in New York?

A: I wouldn't understand your firm's statement. Once the Judgment is signed & entered in the clerk's office, the case is done. Perhaps they're referring to some post-judgment issues, such as submissions of QDRO's. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: How do I force sale of vacation home as stipulated in my divorce agreement

A: Sometimes it depends on how the agreement was drafted - i.e., whether there was a deadline. At the least, I'd advise to send the ex-spouse a "default notice letter." If the situation isn't rectified, you may need to file an enforcement motion in Court. Schedule a consult with a White Plains Divorce attorney for a full assessment. 

Q: Can my husband request paper communication ?

A: Not sure - it may be that a hard copy original needs to be submitted to the DMV. Otherwise, i wouldn't understand the rationale for "mail" communication & thus you or your attorney should ask for the rationale. For a 2d opinion, call a Westchester Divorce Attorney to schedule a consult. 

My exspouse is refusing to pay my alimony. Will judge order him to pay?

Q: We have a divorce decree and length of the alimony was for 6 years. He has been paying it for 3 years & then decided to stop. I've a filed an order to show cause and we meet with the judge this week. Will the judge order him to pay? 

My attorneys contacted me about my divorce Stipulation Agreement. Was divorced 7-18-18. Ex wants to change life insurance policy

Q:Attorney said ex wants me to sign paperwork @$1,250,000.00 life insurance policy that agreement requires him to maintain for me. That X made mistake and can't be used for "that?" Purpose because X isn't owner of policy? Solution proposed to me is allow X to divide $1,250,000.00 policy into smaller ones so X can cancel each policy after X has paid amount of support covered by each policy. Example once $250,000.00 of support he can cancel or change beneficiary of $250,000.00 leaving proper amount of insurance remains his obligation. Supposedly I'd still be covered by Agreement the same. So why would attorneys want me to make changes? Myself and my X's father are both on policy 

What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

Q:My wife and I live in and were married in NY. I was just terminated from my government job; I'm claiming it was due to a disability and have retained an attorney in this regard. I intend to file for divorce and know that she will get custody of our son and that I will have to pay child support. She does not work, and I have no current income, other than $3,000 in stock dividends yearly, and minuscule bank interest. My stock holdings are worth about $200k . I own the house, worth about $800k and intend to live there. I know that the standard for support would be 17% of my income, but I don't have a salary, not a pension. I have a strong case against the government, but it can take a year or more for my disability retirement to be approved, or denied, but my case is very compelling. I'm afraid the support magistrate is going to look at me as having a lot of money, but I have no steady and very little income flow. If I were to sell my stocks to help pay for support, I wouldn't have enough left to pay my taxes on substantial capital gains. 

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