DIVORCE

Answer:

Unfortunately, whether or not you want to have anything to do with Kate, if Kate believes you are her father and you have conducted yourself that way, you would have to continue to be her father and be financially responseible for her until she is 21. You will have to pay child support for Kate. This is because the Courts look at what's best for the child, not for you. Of course, if Kate's biological father wants to take care of Kate, you might be off the hook.

Natalia Gourari

Answer:

Yes, if you start an action under Article 10, Family Court Act. Father's parental rights can be terminated by Family Court upon a finding of abandonment where father failed to visit or communicate with his child during six month period prior to filing of petition.

Natalia Gourari

Answer:

Yes, because your income exceeds the minimum allowable amounts (a.k.a. - minimum monthly maintenance allowance [MMMA]). Medicaid program is jointly funded by federal and state governments to pay for medical care for those whose income and assets are insufficient to pay for their medical needs. See, 42 U.S.C. § 1396, et. seq.; Social Service Law Article 5 Title 11; and Golf v. New York State Dept. of Social Services, 91 N.Y.2d 656 (1998). Where one spouse requires long-term institutional care, other spouse is permitted to retain minimum level of income and certain amount of assets (a.k.a- community spouse resource allowance [CSRA]). See, Social Service Law §§ 366-c(2)(d)(g)(h); 366-c(2)(d)(h); and 18 NYCRR 360-4.10(4)(8).

Natalia Gourari

Answer:

Marital property specifically excludes compensation for personal injuries. See, DRL § 236(B)(1)(d)(2)(5)(a). However, where unallocated settlement proceeds are made payable to both spouses, court, in the context of a divorce action, must determine what portion represents compensation for injuries and what portion, if any, represents award for loss of consortium claim.

Natalia Gourari

Answer:

Your entitlement to claim children as tax exemptions is dependent upon your compliance "with the IRS rules". You wife should give up unless she can show that the agreement you have was unfair when entered into or that there has been unanticipated and unreasonable change in circumstances. This is extremely difficult to accomplish.

Natalia Gourari

Answer:

The portion of the disability pension that represents compensation for personal injuries is your separate property but you bear the burden of proving the portion that reflects compensation for personal injuries. The portion of your disability that represents deferred compensation to which you would be entitled as the employee of the company but for the injuries is marital property subject to equitable distribution. So, if you can’t show which portion of your PI award is for personal injuries and which portion is deferred compensation, the court will distribute the entire award.
This answer was prepared by Natalia Gourari: http://www.lex.su/gourari.php

Natalia Gourari

Answer:

You benefits are subject to equitable distribution only to the extent they accrued during the marriage. The calculation of the value of benefits for the purposes of distribution, are not limited to value as of date the action was commenced, and will be calculated based on their value at the time of your divorce trial or settlement.

Natalia Gourari

Answer:

Whether or not you will succeed in court depends upon the reasons why you do not wish to give Ariela to Borya away from your home. Is it because you are angry at Borya for not supporting you during pregnancy? Is it because Borya is maniac depressive? Is he incapable when it comes to changing diapers and providing proper nutrition for Ariela? Are members of his family raving lunatics? Chances are there are not. In that case you should work out some reasonable schedule – perhaps a schedule where Borya will see Ariela several hours a week until she is 1 or 2 years old. If Borya is a threat to the child, when you are in court – be careful to back up all of your complaints against Borya with hard evidence. You will certainly need a competent lawyer. Where mothers have filed false child neglect complaints against their boyfriends – in some extreme cases -- mothers have lost custody because they were allegedly alienating the fathers from the children. Remember, the court will look at the best interests of the child, not yours or Borya’s. The presumption is that its best for the child to have meaningful relationship with both parents – you and Borya.

Natalia Gourari

Answer:

Unfortunately, you have two choices: wait for another 7 months – until you have lived in NY for a full year – to commence the action. The second choice is to sue your husband for cruel and inhuman treatment. In order to secure a divorce on the grounds of cruel and inhuman treatment, its not enough to show you have quarreled and have been incompatible. You must show serious misconduct on his part. The shorter the marriage the less misconduct or less gravity of misconduct will need to be shown to obtain a divorce. 8 years is considered a short marriage (I have been married for 4 years so that 8 years seems like a long time to me). You should seriously think about alternatives – such as a divorce on consent, separation, or getting divorced in another jurisdiction.

Natalia Gourari

Answer:

Yes, if you start an action under Article 10, Family Court Act. Father's parental rights can be terminated by Family Court upon a finding of abandonment where father failed to visit or communicate with his child during six month period prior to filing of petition.

Natalia Gourari

Answer:

You can’t get it completely back. But you should start action for partition – division of the marital home. The proceeds would normally be divided 50/50 but you may be required to reimburse your former wife for your share of mortgage, taxes, improvements when the house is sold.
This answer was prepared by Natalia Gourari: http://www.lex.su/gourari.php

Natalia Gourari

Answer:

Unfortunately, whether or not you want to have anything to do with Kate, if Kate believes you are her father and you have conducted yourself that way, you would have to continue to be her father and be financially responseible for her until she is 21. You will have to pay child support for Kate. This is because the Courts look at what’s best for the child, not for you. Of course, if Kate’s biological father wants to take care of Kate, you might be off the hook.

Natalia Gourari

Answer:

Such a decrease in income is considered substantial change of circumstances which will allow for a reduction of child support payments. However, you have to show that the reduction in income was involuntary. If you just changed your job on a whim, the Court will not be sympathetic to your plea. How you pay high child support will become your problem.

Natalia Gourari

Answer:

Yes, because your income exceeds the minimum allowable amounts (a.k.a. - minimum monthly maintenance allowance [MMMA]). Medicaid program is jointly funded by federal and state governments to pay for medical care for those whose income and assets are insufficient to pay for their medical needs. See, 42 U.S.C. § 1396, et. seq.; Social Service Law Article 5 Title 11; and Golf v. New York State Dept. of Social Services, 91 N.Y.2d 656 (1998). Where one spouse requires long-term institutional care, other spouse is permitted to retain minimum level of income and certain amount of assets (a.k.a- community spouse resource allowance [CSRA]). See, Social Service Law §§ 366-c(2)(d)(g)(h); 366-c(2)(d)(h); and 18 NYCRR 360-4.10(4)(8).

Natalia Gourari

Answer:

Marital property specifically excludes compensation for personal injuries. See, DRL § 236(B)(1)(d)(2)(5)(a). However, where unallocated settlement proceeds are made payable to both spouses, court, in the context of a divorce action, must determine what portion represents compensation for injuries and what portion, if any, represents award for loss of consortium claim.

Natalia Gourari