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What Are My Legal Options to Avoid Foreclosure?

New York has laws that are geared towards helping people avoid foreclosure whenever possible, but to access all your rights under the law and defend yourself, you should to talk to a local Forest Hills, NY foreclosure defense attorney as quickly as possible.

You should've gotten notice of intent to begin foreclosure at least 90 days before the process was begun. If you haven't gotten that notice, then the first step your lawyer will take will be to bring the foreclosure process to a halt until this requirement has been followed. There may be other requirements, too. For example, there may be a terms in your mortgage contract that require you to be sent a certain letter, and federal law also requires that whoever services your loan must let you know specifically how to avoid foreclosure. If any of these steps have been skipped, you can buy some time.

Otherwise, there are various options available, and you definitely want to talk to an attorney to make sure that you've explored everything available to you. In general, some of the most common ways to avoid a foreclosure include filing for bankruptcy, reinstating the loan, or redeeming the property before it's sold.

Reinstating the Loan

Under New York law, you as the homeowner have the right to reinstate your loan at any time before a final foreclosure judgment is made. If you're able to pay off the amount you are in arrears, then in most cases you can just resume payments.

Redeem the Property

If you can pay the full amount of the loan before the property is sold under foreclosure, this is another option. It must be done before the property is sold, however. 

Filing for Bankruptcy

If you have a foreclosure sale coming up quickly and there's nothing else you can do, declaring bankruptcy is a possibility. As soon as you file, an automatic stay goes in place that prevents the lender from foreclosing or continuing to pursue you for the debt until your bankruptcy is worked out. The stay goes into effect whether you file for Chapter 7 or Chapter 13 bankruptcy, and you'll need to talk to an attorney about the best choice for you.

Request Forbearance or Modification

A final option is to request that the lender either temporarily suspend your monthly payments for a short time so you can catch up or modify the loan completely. Since the goal of most lenders is simply to get their money back, they are often amenable to the suggestion. If, for example, you have lost your job but have several prospects in the pipeline, the lender may be willing to suspend your monthly payments for six months until you're able to get into your new job and start making payments again. If you're facing foreclosure, there are options available to you. Contact the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY for help in Queens and surrounding areas.

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What Are Your Options for an Uncontested Divorce With Children in New York?

An uncontested divorce can be arranged here in Queens, NY when both spouses agree to end the marriage and have resolved every related issue: including all issues related to children. If you're hoping to take this route, an uncontested divorce lawyer can help you get everything in order, deal with all the court paperwork, and move on with your life as quickly as possible. Options for an Uncontested Divorce With Children in Queens, NY To qualify for an uncontested divorce, you and your spouse have to agree on the division of property and debts, any spousal maintenance, and, when there are children under twenty-one, their legal custody, physical custody and parenting time, and child support. The Traditional Uncontested Divorce Packet The Uniform Uncontested Divorce Packet has been designed specifically for cases with children. To use this packet, one spouse files as plaintiff and purchases an index number from the County Clerk. Then they have the summons and accompanying notices personally served to the other spouse, who is known as the defendant. The defendant may then sign an affirmation agreeing to the divorce and asking for nothing further, or, they may simply fail to appear at the hearing, in which case the case proceeds by default after a required waiting period. To take this route, you'll need to provide a written settlement agreement that covers custody, a detailed parenting-time schedule, child support calculated according to the state's child support standards, and lay out all the financial issues. Those papers will need to include the child-support worksheet, the UCS-111 Child Support Summary Form, an addendum to the Request for Judicial Intervention, and, when appropriate, an income-withholding order and a qualified medical child-support order. The paperwork is extensive and can be confusing, but your lawyer will be able to put it all together for you and ensure it's filed correctly. The Uncontested Joint Divorce Program This path has only just become available statewide, with forms revised on March 1, 2026. With this route, both spouses file together on the grounds that the marriage has irretrievably broken down, and they can then use a dedicated packet of JD-series forms that exist in a version specifically for families with children. Because you're submitted jointly, you don't have to arrange for serving the papers to your spouse, and the entire process is sped up. To file this way, you'll have to both be willing to make a joint affirmation of facts and agreement on custody, parenting time, and child support, and you'll need to calculate everything based on the same child-support worksheets and summary forms required in the traditional packet. The court then reviews your joint submission, and, if everything is complete and consistent with the children's best interests, the court will sign off and the divorce will be finalized. Talk to an Uncontested Divorce Lawyer If you and your spouse are in agreement and ready to divorce, but there are children involved, things will go most smoothly if you have a lawyer's help. Reach out to us now at the Law Offices of Joseph H. Nivin in Queens, NY. We're dedicated to promoting the dignity of individuals and families during times of change.

A Guide to Child Protective Services in New York

Dealing with Child Protective Services (CPS) can be one of the most stressful experiences for any parent or caregiver. At The Law Offices of Joseph H. Nivin, P.C., we help families in Forest Hills, Queens, and Brooklyn navigate CPS investigations, hearings, and the legal system with clarity and confidence. Our goal is to ensure your rights are protected while guiding you through each step of the process. We know how overwhelming it can feel when CPS gets involved in your family’s life. What Is Child Protective Services (CPS)? Child Protective Services (CPS) is a government agency responsible for investigating reports of child abuse or neglect. In New York, CPS operates under the Administration for Children’s Services (ACS) in New York City and under local social service agencies in other counties. When a report is made, CPS must assess the situation to determine whether a child is at risk. This may involve visiting the home, speaking with the child, and contacting schools, doctors, or relatives. Why CPS May Become Involved CPS cases often begin when someone makes a report to the State Central Register of Child Abuse and Maltreatment (SCR). Reports can be made by: Teachers, doctors, or other mandatory reporters Neighbors, relatives, or others who suspect abuse or neglect Law enforcement officers Common reasons CPS becomes involved include: Allegations of physical abuse or neglect Concerns about unsafe living conditions Claims of educational neglect Substance abuse in the home Domestic violence exposure What to Expect During a CPS Investigation If CPS opens an investigation, you may experience: Unannounced visits to your home Interviews with you, your children, or other household members Requests for records, such as medical or school documents Safety assessments of your home environment Investigations usually last 60 days. At the end, CPS will determine whether the allegations are “ indicated” (supported by evidence) or “unfounded.” Your Rights When Dealing With CPS It’s important to understand that you have rights during the process: You do not have to let CPS enter your home without a court order. You have the right to consult with an attorney before answering questions. You can refuse to sign any documents without legal advice. You can appeal decisions made by CPS. Having a family law attorney on your side ensures that CPS respects your rights and that you do not accidentally say or do something that harms your case. How a CPS Lawyer in New York Can Help At The Law Offices of Joseph H. Nivin, P.C., we represent parents and caregivers facing CPS investigations and Family Court proceedings in Forest Hills, Queens, and Brooklyn. We can help you by: Explaining your rights and options clearly Communicating with CPS on your behalf Preparing you for interviews and hearings Representing you in Family Court if necessary Working toward solutions that protect your family’s future Serving Families in Forest Hills, Queens, and Brooklyn We understand the unique challenges families face in New York City. Whether you live in Forest Hills, Queens, or Brooklyn, our team is ready to guide you through the CPS process and advocate for your family every step of the way. Contact The Law Offices of Joseph H. Nivin, P.C. Today If CPS has contacted you or your family, do not wait to get legal help. The sooner you act, the better your chances of protecting your rights and your children. Contact The Law Offices of Joseph H. Nivin, P.C. today for a consultation and let us help you move forward with confidence.

How Do New York Courts Calculate Child Support Add-Ons and Deviations?

New York courts will follow specific rules when they're figuring out child support in your case, even beyond the basic amount. A child support attorney can explain these details clearly for your situation in Forest Hills, NY. The Basics of Support in Forest Hills, NY New York uses the Child Support Standards Act to set a presumptive basic support amount, and all add-ons and deviations are dealt with after that basic amount is calculated. Both parents' incomes are first added together (after certain deductions), and then the court applies a percentage based on the number of children involved. A parent is expected to pay 17% of their income for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. This calculation applies only up to a combined parental income cap of $193,000. Each parent then pays their share of that total according to their proportion of the combined income. Most Common Add-Ons Add-ons sit on top of the basic amount to cover extra costs that the basic percentage does not include. The three most common mandatory add-ons are: Reasonable child care expenses Healthcare-related costs for the child Educational expenses Child care can only be mandatory if it's necessary so the custodial parent can work, look for work, or attend education or training that leads to employment. Healthcare add-ons include the cost of health insurance premiums for the child and unreimbursed medical, dental, optical, and prescription expenses. Educational expenses can become add-ons when a court decides they serve the child's best interests. Private school tuition or special tutoring might qualify, for example, if the family previously paid for it or if the child's needs clearly require it. These expenses get divided between the parents using the same income proportion that was used for figuring the basic support amounts. Courts look at actual receipts or estimates to decide what counts as reasonable in both situations. Most Common Deviations Deviations can be put in place when the presumptive basic support, plus any add-ons, would produce what the court considers an unjust or inappropriate result, but there are specific factors the court must consider before changing the number. The court has to look at: The financial resources of both parents and the child The child's physical and emotional health (plus any special needs) The standard of living the child would have enjoyed if the parents had stayed together The tax consequences for each parent The non-monetary contributions each parent makes to the child's daily care The needs of other children the paying parent may already supports Courts can also weigh any other facts they find relevant to the particular family. Talk With a Child Support Attorney Today Talk to us at the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY today for help throughout the greater Queens area. We offer a free case evaluation and bring extensive New York Family Law Court experience to bear on every case we take.