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1 Answer | Asked in Family Law for New York on
Q: If a child was born in Puerto Rico and the dad lives in the states how do we establish paternity and get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2021

You need to seek the advice of an attorney in Puerto Rico as it would be done under their law.

1 Answer | Asked in Child Support for New York on
Q: My ex wife and I divorced over 10 years ago. We never did a child support order instead I always paid her and

paid expenses For my child. This worked out well for both of us as she never wanted to bother with court. Now my son is 19 and still lives with his mother. I still provide for him financially but I feel he is an adult and should get a job to help cover some expenses. My ex is now threatening to... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

In NY child support obligations are till 21. However it is only retroactive to the date of the filing of the petition. Assuming, of course, there was no prior order.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Does a week of summer vacation include your weekend parenting time or is in addition to it?

I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.

1 Answer | Asked in Personal Injury for New York on
Q: Hello, my son was involved in a injury case in California and was awarded a settlement from the defendant.

this settlement was reach in Feb of this year (2021). As of today AUg. 11, my son has not received his settlement award. Is there a time limit for payment to a plaintiff in the state of California.

THank you

Tim Akpinar
Tim Akpinar answered on Aug 11, 2021

I'm sorry your son was involved in an accident - I wish him a healthy recovery from his injuries. In terms of statutory requirements, if there are any under California law, you could repost your question under California. I could say this for most jurisdictions nationwide, as a general matter... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: Hello, I have a question regarding a purchase contract for a residential property

is a contract dead after the expiration date if the buyer backs out at last minute and neither party evoked time of essence. This contract is in NYS. There were no contingencies on the contract that were not met by either party.

Michael David Siegel
Michael David Siegel answered on Aug 11, 2021

No, unless the contract so provides.

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1 Answer | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

1 Answer | Asked in Real Estate Law for New York on
Q: Is this considered harassment?

These are three separate incidents with the super of the apartment building I live in that has made me feel uncomfortable

1. Constantly asking me who is living with me or if I have anyone in my apartment (I am the only one on the lease, but my boyfriend visits a lot). However, the super... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 10, 2021

If the notification to management was not in writing, you need to do an email or letter. You are handling it right. It is not a case for a lawyer yet, but documenting problems with management will help make a case if things persist.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can I be liable for cosmetic, non medically necessary procedures such as dental retainers?

I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 10, 2021

If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How would I arrange a Tennants in Common situation to jointly buy a home with several people?

What type of real estate agent would I need? What type of lawyer would I need?

Elaine Shay
Elaine Shay answered on Aug 9, 2021

It is important that you retain an attorney that is well-versed in forms of propery ownership to confer with you about the form you ownership you mentioned. For example, it may be more advantageous to own the property as an LLC with an operating agreement that provides for addressing common... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: How do I find out how much a ticket will be for code violation 1202-b2 in brewster NY

Last year I was given a speeding ticket in Brewster NY on interstate 84. The cop said that I was doing 84 in a 65. I was actually do 74 in a 65 I had my cruise control on. I plead not guilty. I just got a letter saying the are dropping do to a parking violation. But I have no Idea what the cost... Read more »

Toshinori Isoai
Toshinori Isoai answered on Aug 9, 2021

The 1202 subsection you cited has the fine range of $0 to $400, 0-15 days in Jail and $25 surcharge (on top of the fine). The judge has the discretion to determine the amount.

1 Answer | Asked in Child Support for New York on
Q: Missed a court date at have been paying over70percent of my unemployment income each of my 3 child support cases legal?
Howard E. Knispel
Howard E. Knispel answered on Aug 9, 2021

Well, it seems you were defaulted and an inquest was taken. You could try to restore the casae with a motion, but it depends on how long ago the case was heard. You could file a new petition to modify but that will only retroactive tyo the date of your new filing. Talk to an attorney.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for New York on
Q: Hello, if I am pulling out from stop sign to a main road with "two-way left turn" to turn left.

Where do I have to turn? To the "two-way left turn lane" or normal lane? New York State

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Below, I've pasted a link to the NYS DMV page that outlines a number of different left turn scenarios. The resource covers left turns from one-way to one-way, one-way to two-way, two-way to two-way, two-way to one-way, and two-way to four-lane highway. I hope it helps. Good luck

Tim...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Copyright for New York on
Q: I have a clothing line with ideas of using thunder cats as one of my themes. Looking for permission to use.

Wanna use characters etc for different t shirt designs

Tim Akpinar
Tim Akpinar answered on Aug 7, 2021

Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 6, 2021

Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about... Read more »

1 Answer | Asked in Animal / Dog Law for New York on
Q: If your dog bit another dog in nys first incident ever and we agreed to initial vet bills are we liable to pay if the

Dog ripped his own stitches open causing more vet bills?… 4 days after initial vet visit the owner showed up stating the wound was superficial no damage everyone was fine then called an hour after leaving my house stating he was taking the dog back to the vet. Now second vet bill was near 1000$.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 6, 2021

You did the right thing offering to pay for the damages caused by your dog. As for the new charge, that is a judgment call. An argument can be made that this is related to the injuries caused by your dog. However, if the owner did not take proper precautions to prevent reinjury, you should not... Read more »

1 Answer | Asked in Business Formation and Business Law for New York on
Q: I sold back business in 2020 with a non compete for 5 years. I’m in a situation where I would like to start another one

Would starting a new business in the same field violate my non compete? And if so, what is the penalty?

Michael David Siegel
Michael David Siegel answered on Aug 6, 2021

First, no one could answer this without seeing the terms of your agreement. Second, even if you had a solid defense, another issue is whether your old company would sue you in any event.

1 Answer | Asked in Car Accidents for New York on
Q: To submit DMV form 104 NYS Accident Report within 10 days, can weekend days be omitted from the 10 day count?
Tim Akpinar
Tim Akpinar answered on Aug 5, 2021

The wording on the form says 10 days, without including any distinctions between weekdays, weekend days, holidays, etc. If you can get the form in within ten days, that would be best. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is 16, can she choose to live with the other parent?

My daughter is 16 and wants to live with me now. She has lived with her dad since the age of 5. We did not go back to court for this. We did it on friendly terms but now that she wants to come back to live with me he says no. When she was around 1 year of age we went to court and had joint custody... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 5, 2021

Since the court order was never changed, it is still valid.

1 Answer | Asked in Criminal Law for New York on
Q: My sister got caught shoplifting an item from JCPENNY (NY) $60. She doesn’t live in the USA & is a minor.

Your Question:edit text

My sister got caught shoplifting an item from JCPENNY (NY) $60. I got called to pick her up. She is not from The USA she was here on vacation. Item was recovered. They gave me a copy civil demand letter and a trespass letter saying she can only come with an adult.... Read more »

Brian Berkowitz
Brian Berkowitz answered on Aug 4, 2021

Thank you for your question. Regardless of your sister's age, the fact that she is accused of committing a crime can be problematic, especially if she is not a U.S. Citizen. While these forums are good for general inquiries, the best advice I can give you is to speak with an attorney who is... Read more »

1 Answer | Asked in Consumer Law for New York on
Q: What happens if i go to court for breaking an agreement for machine equipment

I kept the machines 2 weeks past the date to return them

Tim Akpinar
Tim Akpinar answered on Aug 4, 2021

It could depend largely on the terms of the agreement for the equipment and what penalties apply for returning the equipment late, the reason for returning the equipment late, and how the court views the arguments of the opposing parties, together with other possible factors. Good luck

Tim...
Read more »

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