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Irwin M. Pollack
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Irwin Pollack’s Answers

80 total


  • If me and my spouse have been separated for six months but not legally and he still comes and stays the night does null and void

    not legally separated for six months but spouse still spends the night and we sleep together. Does this null and void the separation. Do we have to start over for another year

    Irwin’s Answer

    The only thing that would jeopardize your case if there was an intention to get back as a married couple. Isolated nights should not make a difference. Your neighbors or friends aren't going to call the court.

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  • How much time need for divorce to be finnaly ? South dacota

    And if we dont sing it both? How long then?

    Irwin’s Answer

    Every state has its own laws. In South Dakota, a divorce cannot be granted until 61 days have passed from the date your spouse was served with the opening paperwork. The two of you can reach an agreement at any point in that time, but the divorce cannot be finalized until 61 days have passed.

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  • Can I put this request in a Child Custody Court Order?

    Child is 4 years old. Child Lives primarily with dad and lives partially with mom. There is a custody order for physical custody and joint legal. Dad has girlfriend/fiancee. Child calls fiancee "Mom." At custody exchanges, child runs to dad's g...

    Irwin’s Answer

    If there is any provision in your Separation Agreement or judgment that says "the only people who are to be called mom or dad are the real parents", considering the child is 4 years old, there might be a contempt action. The problem may also be that the other parent denies this is happening. How long has it been since you were last in court? If you and your former spouse are "frequent fliers" at the family court, the judge may be more frustrated than paying any attention to this. This clearly is contrary to the "best interest" of the child, but you may need to wait for a handful of other things to happen before you go to court.

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  • Making amendments to custody regarding divorce agreement

    I am trying to amend my divorce in regards to pick up and drop offs. My ex lives over 65 miles away and I have always been responsible for pick up and drop offs. She will not do more than one a month. I am currently having a hard time with this...

    Irwin’s Answer

    You can have a judgment modified if there's been a substantial change in your life that impacts your ability to uphold the judgment. Likewise, a change in your former spouse’s life may be grounds for a judgment modification too. She moved. The children are older now. These are all things to consider...show the judge you are reasonable and most do what they can to encourage contact between BOTH parents and the children.

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  • Friend has divorce question

    Non contested 4 kids her parents have temp custody , they been separated for 6 years. No property or nothing left to divide ,,, What is the cost ??? What would it take to get it started???

    Irwin’s Answer

    The fees to file a divorce start at $409. You can access the fee schedule at http://www.miami-dadeclerk.com/service_fee_schedule.asp.

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  • Does it cost anything

    Is there a few to going back to your maiden name after a divorce

    Irwin’s Answer

    According to Kentucky law, a wife can get her maiden or former name back as part of the divorce. Good luck.

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  • My wife and i are having problems, there is no divorce[yet] no restraining orders, no child custody order

    can i take my 2yr' old daughter to cape cod for the wk. end without her perminision?

    Irwin’s Answer

    • Selected as best answer

    If the case hasn't even been filed, you have the same rights as your wife to take your daughter 45 minutes-1 hour away for a weekend. Make sure you send her a note informing her. Give her a phone number. Be reasonable.

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  • Can a divorced couple fighting about custody

    Hire an outside mediator? Agree on custody between themselves?

    Irwin’s Answer

    Yes, mediation is considered ADR (alternative dispute resolution). Courts like it when people agree on their own -- either by discussing and agreeing between the two of them, or getting outside help. The concern about mediation is that it ignores the "discovery" stage (which could hurt you more with financial issues with hidden assets, etc.). Bottom line: as it deals with children, yes...either of your two options are perfectly acceptable (and usually appreciated by the court).

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  • My ex and I share 50/50 custody of 3 kids. He pays $400.00 a month. How can I get more money for child support?

    He owns a local business, a houseboat, a boat, 3 vehicles, 2 motorcycles, and is currently buying a home. However he has put all of these things in the businesses name. Will this hinder getting more child support?

    Irwin’s Answer

    You need to show a lifestyle analysis -- comparing his "stated" income to all the expenses and luxuries that he enjoys. All those personal benefits should get pulled out of his business and applied to him personally. Make up a chart. Add it all up. Hiding expenses in a business is something judges are very familiar with -- but they won't do your work for you. If you subpoena the mortgage application, I wonder what he states his income is on that piece of paper? Do your homework -- discovery will help you!

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  • Can I be made to contribute to my husband’s child support?

    My fiancé’s Ex has come after him shamelessly for child support. He was paying $300, and had his daughter through the summer and most weekends as well as provided most all of her financial needs but the Ex went back to court and had it increased t...

    Irwin’s Answer

    The child isn't yours, so you won't have to contribute. Some things to think about: child support guidelines are presumed to be accurate (child support guidelines worksheet), however you may rebut (challenge) the guidelines and show why deviating from the set guidelines would be more just and equitable. Going from $300 to $900 is a big swing; what caused such a swing? There are several factors that would warrant deviating such as consideration of income over $250,000, consideration of parenting time, consideration of college costs, etc. Good luck!

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