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 […]
Category Archives: Jean Mahserjian Blog
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 […]
13
Nov
Nov
Question: If a stipulated child support agreement will include pro-rata sharing of unreimbursed children’s medical expenses, is mileage to/from doctor considered an unreimbursed medical expense? Using, for example, federal rates as noted in IRA instructions. the monied spouse says “no”; the custodial parent thinks “yes”. The agreement is still under negotiation. If so, would the […]
12
Nov
Nov
Question: My ex and I have 50/50 of our 3 yr old. The issue is my ex can not take care of our daughter (we have 1week with me then next with her dad). My ex missed another doctor’s appointment for her (second time in 2 months) and he never took her to the doctor on […]