I am often asked as a Saratoga Child Support Lawyer about claiming the children on your taxes if you pay full child support. If your spouse has primary custody of the children and you are paying full child support, it does not mean that you are able to take the children as dependents on your […]
Author Archives: Jean M. Mahserjian, Esq.
As an Albany Spousal Support Attorney, I often speak to clients about the different types of spousal maintenance. Spousal maintenance is in a state of flux in the State of New York. Currently, we have two statutes. One statute is formal and it applies to temporary spousal maintenance and is paid prior to the judgment of […]
I am often asked as a Albany Divorce Attorney how to protect your retirement account from your spouse in a divorce situation. To the extent that you have acquired a retirement account prior to getting married, those funds are your separate property. As a Albany Divorce Attorney I advise clients that once you get married, […]
I was recently asked as a Saratoga Child Custody Attorney about obtaining custody of someone’s niece or nephew. It’s very difficult for a non-parent to obtain custody of a child who is not their biological relation. That is because the laws of this state give very clear preference to biological parents. Therefore, if you are looking […]
I am often asked as a Saratoga Divorce Lawyer if you should open your own bank account when filing for divorce. If you have filed for divorce or your spouse has and you are both still living in the same residence and still sharing bills and making the bill payments as you had before, it […]
Question: My half-brother has a child with my girlfriend’s mother. Would this be considered incest in New York State? Download Our Free Divorce Guide Answer: As an experienced Saratoga Child Support Attorney, I know the answer is no because you are not related by blood. Do you have questions about incest? If so, contact the […]
I am often asked as a Albany Family Law Attorney by clients if a court can require someone to pay college expenses. A court is empowered to direct parents to contribute to the college expenses of the child. I like to advise clients as a Albany Family Law Attorney that court will consider the parent’s educational background, […]
I am often asked as an Albany Family Law Attorney if you can bring up a false CPS report in court. You can bring it up in court, however, it’s important for you to understand that once a Child Protective Services Report is unfounded, you cannot subpoena those records and evidence of an unfounded hotline report cannot be […]
I am frequently ask as a Albany Child Custody Attorney, what can be done if your child wants to live with you. In custodial matters, the children have a voice, but that voice is not alone dispositive. In family court matters, the court will appoint an Attorney for the child to represent the child. That […]
Question: I am filing custody for my daughter. Her father has her. He doesn’t want me to have her because I am recently married, and I think he just wants his green card. Download Our Free Divorce Guide Answer: I am asked as an experienced Saratoga Family Law Attorney about the chances of getting custody. A […]
Question: Can my ex-wife use child support money to pay for her lawyer to argue against my petition for custody? Obviously, this money is fungible but at some point my children’s standard of living will be lowered due to lawyer bills. If she can’t, what should I do? Download Our Free Divorce Guide Answer: I am […]
Question: I am taking ex to court to have child support raised. In retaliation to this, he has told our 12 year old that I am a liar and has been showing him all the court documents that he has and highlighted all of my “lies”. The 12 year old believes his father can do […]