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Christine Moccia

Christine Moccia

Law Office of Christine Moccia
  • Divorce, Family Law
  • New York
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Summary

I have worked in the area of divorce and family law for over 20 years. Each client presents a unique challenge to me and deserves representation that meets his or her individual needs. I am a graduate of Fordham Law School and a seasoned litigator, advocate, and negotiator. I have practiced in the areas of family law, divorce, the division of marital assets, child support, custody, spousal support, and pension allocation. I have appeared before Justices of the Supreme Court and Family Court in the counties of Westchester, Putnam, Dutchess, Orange, Ulster and Sullivan, and have argued before the Appellate Division and Appellate Term. My background ensures that my clients get the best representation in and out of Court. I am an advocate and communicator who promotes my client's position. These skills are key to a successful outcome.

Practice Areas
  • Divorce
  • Family Law
Fees
  • Free Consultation
    I offer a free one-half hour consultation. However, if I feel that your situation calls for a longer consult, I will suggest a one-hour consult for which I charge $250.
  • Rates, Retainers and Additional Information
    I am associated with ARAG legal services. Please check with your employer's human resources department.
Jurisdictions Admitted to Practice
New York
Professional Experience
Principal
Law Office of Christine Moccia
- Current
Education
Fordham University School of Law
(1991)
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Honors: Dean's List
Pace University
B.A. (1986) | Communications
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Honors: Magna Cum Laude
Professional Associations
Hyatt Legal Plans
Network Attorney
- Current
ARAG Legal Plan
Network attorney
- Current
New York State Bar # 2490589
Member
- Current
Websites & Blogs
Website
Legal Answers
50 Questions Answered

Q. My ex-husband worked for NYS Department of Corrections, he retired January 2019.
A: If you have a judgment of divorce, trying sending it to the retirement fund
Q. How can i obtain free legal advice / direction, regarding a divorce with a small child involved?
A: Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com
Q. What is better in the long run in order to get the most of the marital assets?
A: The retirement accounts will only be divided from 2015 (date of marriage) until the date an action is commenced for divorce. You will probably not get any spousal support.
Q. Can a person's possessions effect child support amounts?
A: You will be responsible for child support based on your proportionate share of combined income until your children reach 21 years old unless they become emancipated at 18. His possessions will not be taken into account. However, there are nuances to each case so I recommend you have a consultation with an attorney.
Q. Does my ex husband have right to say where the kids & I live ? Does he have to inspect & approve our home ?
A: If your agreement prevents you from moving out of the area where the children live now, then he can stop you from relocating. If he has issues with the quality of your housing and/or the safety of your children, he can bring you to Family Court to change the physical custody of the children so that he has physical custody. Also, he can alert child protective services if he believes the quality of the housing is impacting the children. Please be advised this is a general answer to your question and is not legal advice. You should consult a qualified attorney.
Q. Can child support be paid directly to the child after they are 18? Paying until 21 per decree.
A: This depends. I did have a case where the child was in college living off campus. Child support paid to landlord for the child's housing. But that was an unusual case. I would suggest reaching out to a qualified family law attorney.
Q. Hi, can you please let me know what best and worst case scinerios are for child support and spousal support in New York?
A: Under New York law (I noticed you sent your question from New Jersey), there is a statute that guides the courts in fixing child support. If you are the custodial parent, you will receive basic support based on those guidelines and child support add-ons based on the pro rata division between you and your spouse.
Q. Do I request to vacate a divorce settlement agreement by order to show cause or by plenary action? Judgement not signed
A: I believe the agreement will be binding unless you can show you entered into it under duress or were somehow incapacitated when you signed it. If you move to "vacate" or set aside the agreement, your ex will probably file a judgment of divorce and request a signed judgment incorporating the agreement. But of course you should consult a qualified attorney to discuss this matter. I cannot provide advice in this manner. Good luck .
Q. Hello - I face an inquest in a divorce proceeding 7/11. I have no idea what the comprises or how to prepare.
A: If you are self-represented, the judge and clerk will likely help you through it. The end result will be a judgment of divorce. I am not sure of your finances or child support but if there are financial accounts those will be addressed as well.
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Contact & Map
Main Office
800 Westchester Avenue
Suite N-307
Rye Brook, NY 10753
USA
Cell: (914) 902-3325
Additional Offices
297 Knollwood Road
White Plains, NY 10601
USA
Cell: (914) 902-3325