Author Archives: Jean Mahserjian, Esq.

Gifted Property from Another Country

Gifted Property from Another Country

Question: Married for 10 years. We were living in Russia, where my father took mortgage on himself, paid it off and gifted apartment to me. By Russian laws this apartment belongs only to me (as it was gifted specifically to me), its not a common spousal property. After a few years of that we moved to […]

Paying Child Support to a Stepparent

Paying Child Support to a Stepparent

Can the custodial parent move out of the state and leave the children with a step parent? Question: The custodial parent (mother) changed her residents from NYS to Florida, but did not bring the children. She left them in NYS with the step father, the paternal father was never notified of this, and paid child […]

Are a Live-In Partner’s Wages Included in Support Calculations?

Are a Live-In Partner's Wages Included in Support Calculations

Is income of live-in partner used in calculations for child support? Question: Ex filed petition for modification of child support. He convinced 18 yr old to live w/ him.He wants to recalculate w/ each of us having 1 of our children. He’s asking that my 18 yrs of part time salary now be imputed to […]

Prenuptial Agreements in New York

Prenuptial Agreements in New York

Congratulations on the engagement! The weeks and months leading up to your wedding will be as joyous as they will be nerve-wracking, but every day brings you one step closer to what may very well be one of the happiest days of your life. Amid the pre-marital bliss, you and your fiancé or fiancée will […]

Imputed Salary for Child Support

Imputed Salary for Child Support

Will salary be imputed if I worked 70% for 16 years pre-divorce & have negotiated contractual Agreement? Question: I’ve worked a 70% schedule since 1st of 2 children was born 18 yrs ago. Ex & I (w/ representation), voluntarily signed negotiated contractual Separation Agreement incorporated (not merged) into Divorce Judgement 1.5 yrs ago. For child […]

Petitioning for More Child Support

Petitioning for More Child Support

Am I able to petition for more child support if ex has more children with new spouse? Question: I want to take my ex back to court to modify the support order. EX makes a significant amount more money now I’m guessing at least 15k more and it’s been more than 3 years since the […]

Seeking Child Custody After Drug Addiction

Seeking Child Custody After Drug Addiction

My girlfriend and I are wondering about custody of her child and what the child’s father can and can’t do in terms of custody. Are you seeking child custody after drug addiction treatment? Check out this blog post, and then contact one of our Saratoga Lawyers for guidance. Question: Me and my girlfriend have been […]

Child Support Payments

Child Support Payment Matters

Child Support Payments 4 Frequently Asked Questions About Child Support Payments Divorce is a challenging process for both spouses, but when children are involved, the complexity drastically increases. Once a custodial arrangement has been reached, however, matters of child support come into play. Questions such as “How much time will the children spend with my […]

Refusing Overnight Child Custody Periods

Refusing Overnight Child Custody Periods

I signed the birth certificate and paternity. What are my rights without a custody agreement in place? Question: I am currently awaiting court on the 28th with my ex. We were never married. I did sign the birth certificate and the paternity when my daughter was born. My daughter is 4 months old, formula fed as […]

Objecting a QDRO

Objecting a QDRO

My ex’s attorney just filed with courts to object service for qualified domestic relations order Question: I’ve been divorced 6 yrs and recently filed for my ex retirement. The divorce decree stipulates I’m entitled to half for married years (. My ex got my pension during divorce since my assets were tangible he had loans […]

Child Custody Provisions

Child Custody Provisions

How does parental papers about smoking work in New York state? Question: I have paperwork that days my daughter is not allowed around smoking when in my custody. I live with my parents right now and they smoke in the house when she is not here. When she is here they go outside and respect […]

Getting Divorced From Your Spouse

Getting Divorced From Your Spouse

How do I get divorced? Question: I want a divorce from my wife. Download Our Free Divorce Guide Answer: You would first need to ensure that the jurisdictional requirements for a divorce in New York State have been met. Then, you commence an Action by purchasing an Index Number filing a Summons alleging your ground for […]