One question that I often get as a Saratoga Family Law Attorney quite often is, “What happens if my spouse is not paying child support and/or spousal maintenance under the current agreement?” My answer is always to come and see us. We can definitely help you out with this. I advise clients as a Saratoga Family […]
Category Archives: Jean Mahserjian Blog
02
Mar
Mar
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 […]
29
Feb
Feb
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 […]
22
Feb
Feb
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, […]
15
Feb
Feb
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 […]
08
Feb
Feb
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 […]
03
Feb
Feb
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 […]
01
Feb
Feb
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, […]
25
Jan
Jan
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 […]
18
Jan
Jan
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 […]
15
Jan
Jan
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 […]
13
Jan
Jan
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 […]
12
Jan
Jan
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 […]
11
Jan
Jan
Many times as an experienced Albany Family Law Attorney, I am asked what to do if someone can not afford an attorney when they are involved in a domestic violence situation. If you have a family offense case and are concerned with how to pay for it, you are entitled to an Attorney. You can […]
07
Jan
Jan
Question: I have a case in family court where I’ve been given temporary custody due to a TOP as of late December. Our daughter has no intentions of going back to my ex due to physical abuse, but I know it’s a process to switch child support. In fact, I now have a date for […]
04
Jan
Jan
Many times as an experienced Saratoga Family Law Attorney, I am asked if it is possible to receive spousal support without a divorce or separation agreement. An option for an individual who does not want to, or is not ready to go through with a Divorce or Separation Agreement, will be asked to file a […]
01
Jan
Jan
Question: My ex filed and then withdrew a petition to not to pay C.O.L.A through NY state. I also filed a petition to raise my child support to 17% due to the fact he hasn’t carried health insurance since being fired from his job three years ago. Our original agreement was deviating from the Child […]
30
Dec
Dec
Question: What is the purpose of a legal separation agreement in New York State? Can I use it if we are still living together? I would like to consider a legal separation from my husband while we are still considered divorce. Download Our Free Divorce Guide Answer: I am often asked as an experienced Saratoga […]
28
Dec
Dec
In Albany, I am often asked as Albany Child Support Lawyer if child support is taxable. In New York, Child Support is calculated on full income, social security taxes, and income taxes. Income taxes are not deducted before Child Support is calculated. As an experienced Albany Child Support Lawyer I advise clients that support is not deductible […]
14
Dec
Dec
I am often asked as a Albany Child Custody Lawyer, what the state prefers when it comes to join custody. In most situations, the courts do look to create a Joint Custodial situation where it is possible and practical for parents to discuss major issues. As an experienced Albany Child Custody Lawyer, I advise my […]
07
Dec
Dec
I am often asked as an experienced Albany Child Custody Attorney about some help with child custody arraignments. If parents are considering shared custody, it is extremely important that those parents have the ability to talk to each other. When parents have shared custody, they need to consult in order to reach consensus on all […]
30
Nov
Nov
As an experienced Albany Family Law Attorney I am often asked about the process of Spousal Support. In New York State, there are two types of Spousal Maintenance. There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is the spousal support that you receive while in action for divorces on-going. Spousal maintenance is […]
23
Nov
Nov
A common question I get as a Saratoga Child Custody Lawyer is what is the difference between joint and sole custody? There are two types of custody that are relevant in every case. There is legal custody, and there is physical custody. Legal custody is decision-making authority for a child, and physical custody is where […]
16
Nov
Nov
I often get questions from clients as a Albany Divorce Attorney about going through an Uncontested Divorce. If you and your spouse agree upon all the issues that must be divided in your Divorce, you can obtain an Uncontested Divorce. To obtain an Uncontested Divorce, you must have a written agreement on all of the […]