Q: The motions include: In Family Court: Custody&Visitation, Support, family offense. In Supreme Court: Divorce. I don’t understand why there can be so many cases for one divorce.. can someone explain? A: David’s Answer: I don’t know either, as the strong preference is to have all issues decided by 1 Judge. I’d suggest tat you file a motion in Supreme…Read More
Q: Looking for a low cost alternative to review an already drafted prenup. There is nothing to contest, just need someone to look over and sign off as legal representation. Any suggestions? A: David’s Answer: Some attorneys will charge a sliding scale and/or flat-fee just to review proposed documents. Such attorney cannot, however, negotiate any terms without being formally retained.…Read More
Q: Stemming from a divorce agreement my son has turned 21 reaching emancipation clearly defined in agreement. Filed modification petition in Westchester County family court in an effort to get the child support collection unit to furnish my employer with a termination of garnishment letter. A: David’s Answer: In short, a financial disclosure affidavit is considered “mandatory” disclosure – meaning…Read More
Q: Next month we’ll be going before a Judge to finalize divorce. Filed for divorce 2005 but had to request court date to go before judge to get case moving. Can you get DRO drawn up to finalize with judge as we are presenting settlement of agreement to this Judge? A: David’s Answer: The DRO must be consistent with the…Read More
Q: Hi. I have sole custody of my 2 children. Visitation has just been ordered a minimum of two days per month for bio father . Supervised pending law guardian speaking with oldest child and his wishes to see his father. My question is the questions this women asked my son. He is almost 12..very aware of situation. He was…Read More
I’ve seen many signs & Ads posted throughout the Bronx, Yonkers, New Rochelle & Mount Vernon advertising to do divorces for “$299” or “$399.” Many such ads strongly imply you’re hiring an attorney or that they’re just as good as attorneys – guess again. These services generally aren’t worth their money – and can end up costing you more! I…Read More
Especially in New York City, there are many “document service companies” which have offices, particularly in low-income neighborhoods, promising to do “uncontested divorces” for cheap prices. Unfortunately, many people go with such places because they simply cannot afford the higher fees attorneys much charge (given our many more years of schooling & experience). What these companies don’t tell people is…Read More
Often a share of significant assets can turn on the precise definition of what constitutes “marital property” versus “separate property.” In a nutshell, a non-title-holding spouse gets a share of marital property, but does not share in separate property (though there are many exceptions to this). “Marital Property” New York Domestic Relations Law section 236 defines “marital property” as all…Read More
Q: After we got divorced, my ex-wife filed petition for child support at NY family court for our 3 yrs old kid (now in custody of his mother in NY) in March 2015 but before the court order that summoned me for initial appearance reached my address, I already left US & since then I am staying overseas with my…Read More
Q: My ex in 2008 stated in family court he just got married. My ex’s new spouse filled out the high school paperwork signing it in his”new last name & that he was the step parent. On the school emergency contact list he was first to call, my ex was second, their grandmother was third & I was fourth. The…Read More
