Claimed Lawyer ProfileQ&A
- Family Law
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- New York
- Lawrence A. Weinreich, PC
- - Current
- Nassau County Bar Association
- - Current
- New York State Bar # 1982891
- - Current
37 Questions Answered
- Q. Can a family member have the right to deny inheritance because of a adoption stating that you are not a member
- A: Unfortunately, adoption or not, a person has the legal right to leave his estate to whomever he wishes. The only limitation is that if the testator is married, in New York, a certain percentage of the estate must be left to the wife.
- Q. Can my wife take my rights from me concerning our 3 children if they are not biologically mine?
- A: Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.
- Q. ACS has placed my Newborn Granddaughter on hold in the hospital. My son is incarcerated so no paternity test was done.
- A: You will have a hard time doing anything until your son is adjudicated the father. Talk to ACS and see if they will consider you for kinship foster care until the issues become clearer.
- Q. Two post divorce questions on housing and child support from a recently divorced dad
- A: If you rent the home out, you may wind up in court with your wife asking that the house be sold as it is no longer the residence of the children and there is no reason she should pay half the mortgage on a place the children aren't living. In regard to a change of "child support", since your ex is not paying "traditional" child support revision would depend on the exact wording of the agreement and how it is interpreted by the court.
- Q. What would be required if I wanted to get a passport for my daughter and the father is not around even with joint cust?
- A: If the father is not cooperating in getting a passport for the child, you will have to go to court and get a court order that allows you to make the application without him. As long as he is served with the court papers, the court can proceed without him if he fails to appear.
- Q. If my Step Children’s aren’t return from the state of Florida by the time school starts what can their father do ?
- A: If the children have been in NY for the past 2 years the father can file for custody however, don't expect a quick decision.
- Q. I have been on SSI disability for 9 years DSS is saying I owe them$11,000 dallors my kids are 27 and 26 my son married
- A: Unfortunately, child support has a statute of limitation of 20 years so DSS can go back that far. You should get a copy of what they say is owed and since when and take that information to an attorney and discuss it with them.
- Q. What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.
- A: There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.
- Q. NY Family Law Magistrate Facts and Finding acerted Powers v Powers 86 NY2d 63, 68-69  case wrongly?
- A: Your question does not have enough information to give a full and considered answer. In general, the burden is on the payor to prove that he does not have the ability to earn enough to make the required payments and the money that he does have is spent only on necessities. In other words, as an example, if you spend money on cablevision instead of paying support you are in contempt [cablevision is not a necessity].
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