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Irwin M. Pollack
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Irwin Pollack’s Answers

80 total


  • Can anything be done about not receiving child support payments in a timely manner?

    My ex's employer uses ADP for payroll and they are garnishing her wages for support but holding on to it for however long they want; I'm supposed to be getting support every other week but it can show up three weeks late sometimes. Is this just s...

    Irwin’s Answer

    State child support collection services and/or garnishment can get clogged up in the "system." If you were to go back 40 weeks (since 1/1/14), you should have received 20 payments so far this year. If you have gotten 18 or 19 (not 20), it could be a matter of them catching up...your former spouse isn't doing anything to hold it up (from what you have indicated). These things can be frustrating, but they usually work out over time.

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  • What advice can you give me to help a father win custody?

    My boyfriend is in a custody case we have a house, both our kids have their own room- he has a stable job he's had for 11years, and is a great father. We have his daughter during the week for now.. His ex is homeless moving from one friend couch t...

    Irwin’s Answer

    Ohio uses several factors to determine child custody laws. Primarily, Ohio relies on the child's best interests to determine child custody. While there are several factors in making the "best interest" decision, two that would be specific to your case are "Which parent is more likely to honor the court-approved visitation and custody order," and "Each parent's willingness to encourage the relationship between the child and the other parent." Additional advice: Don't focus as much on the different custodial labels as the schedule and terms of your parenting arrangement. Bring evidence -- pictures, e-mails, court records of missed court dates, copies of the "threats," etc.

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  • My ex husband has custody of our 6 year old daughter. His new fiance wont let me speak to her.

    I have a court order to have her in the summers. And since we live in different states I am supposed to be able to call and talk to her when ever I want. My ex husband has never had a problem with that. Now he has a new fiance and she is refusing ...

    Irwin’s Answer

    Your daughter has two parents -- you and your former husband. His new fiancé has no right to be getting involved -- not to mention blocking parent-child contact. The atmosphere and actions that have begun to form are contrary to the best interest of your child. This is all new -- and why the court's allow parties to go back and show how circumstances have changed since the order was originally put in place and that the new arrangement (that you propose) would be in the best interests of the child. You may also file a contempt action. Here, you allege someone has disobeyed or disrespected the court's authority; a contempt of court proceeding is one of the most common ways to enforce a custody order.

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  • What to do when a parent is abusing her sole legal custody on the other parent? Can you manage to reverse or modify the order?

    My ex-wife obtained full legal custody after a long trial last June. Since then her lawyer and her told me now she has full custody she can do whatever she wants. I am French and she is American. She called the French embassy saying that they shou...

    Irwin’s Answer

    From what you have presented, it appears to be contrary to the best interest of your daughter. You should consider filing a petition seeking modification of the prior custody order. If you can show that there has been a change in circumstances warranting modification of the legal custody ruling, you may prevail. Also, if you prove that her actions are causing an acrimonious relationship of the two of you (child's parents) it will help. Bring pictures, e-mails, letters, anything that would prove what you are claiming is true (other than just your words). Good luck!

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  • Can temporary orders regarding custody and support payments be appealed or modified?

    My wife filed for divorce in 2012. During the hearing, she was awarded temporary custody and support payments. She has interfered with my visitation on numerous occasions and has done much to alienate me from my children. The court did not begin ...

    Irwin’s Answer

    Since temporary orders are not final, you are advised to seek a modification of such orders until you get to the trial stage. Temporary orders are for the purpose of establishing a status quo until there is a final judgment. Since time has gone on (and on), seek a modification of your prior temporary orders. Show the court (through evidence not just your testimony) what she has done and how it is not in the best interest of your children. Good luck.

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  • My soon-to-be ex husband has been under-handed and illegal in his choices to gain custody

    My husband and I mutually decided 2 1/2 months ago that we were going to get a divorce. Since I had no current income, and the area that we lived in provided many jobs for those that had the qualifications, I decided to attempt to get on my feet w...

    Irwin’s Answer

    File your divorce action with the court. Once you've done this, the court takes over matters between you, your spouse and the children. For example, at your first hearing the judge will issue temporary orders which simply tell you what's going to happen in the interim -- before the judge decides the final outcome of the case.

    When it comes to children, for example, be prepared to tell the judge why the things that you want are "best" for your children, or for the two of you. If you provide solid evidence, the judge will see through your husband's disingenuous acts.

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  • My child's mother is a full-time stripper and currently lives with a felon. What are the chances of me getting full custody?

    My daughter within the past 2-3 months has been dealing with a lot of emotional issues. Keep in mind she is only 6 years old. Her mother strips and just allowed her boyfriend of 2 months move into their apartment. I've run a background check on hi...

    Irwin’s Answer

    What you'll need to do is file a Complaint for Modification. You will need to prove a change in circumstances which the court feels is compelling enough to make a change. Here, the living conditions, being around the new boyfriend so much, and "not spending time" with the daughter (a six year old) seems to be strong. She's in first grade...can you provide a better environment? The ultimate determinant will be what's in the "best interest" of the child. Even if it stays joint custody, but moves to 6 days with you and 1 with mom...it would be a change. Don't get hung up on labels. Support will work out itself as well. Good luck!

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  • Me and my wife separated and she left state leaving me the children. could I file abandonment papers on her through the court?

    ive never dealt with anything of this nature and need to know what route to take to settle this issue. what should my next step be?

    Irwin’s Answer

    Here's an interesting thing to consider: when you are the one initiating a lawsuit, the burden is on you to PROVE what you allege. There are certain procedural points and/or hoops to jump through to prove abandonment. You could also file a divorce and claim the marriage has been irretrievably broken down; there isn't anything to prove there -- which makes it easier on the judge to make his/her findings. The fact that your wife left leaving you with the children will make your case for custody/primary parenting much easier. Good luck.

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  • If my wife and I are separated, at what point are my cash assets, i.e. bank account in which salary is deposited, to be tallied?

    If we are physically separated and I am now sending only child support on a monthly basis, at what point are my bank accounts tallied for dividing them between the two of us? In other words, do we tally the accounts upon filing divorce or as at th...

    Irwin’s Answer

    Once you file, you'll need to draft a financial (net worth) statement. New York law requires you follow Section 236 of the Domestic Relations Law (DRL). Then, upon filing certain automatic orders prevent you from selling or getting rid of property (without the other party's consent). You can make certain transaction before-hand, but the opposing party could bring in copies of such transactions and the judge will catch on. In New York, upon division of your property it is done so in an equitable (not necessarily equal) basis based on a handful of factors (ie length of marriage, employability, need, etc.)

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  • Do I need a divorce lawyer?

    Been married 8 years. Currently separated. We have three kids under 6yrs. We have had a dead marriage and I ended up talking to someone else and had a relationship with them. My husband kicked me out. I left. I have my own plac...

    Irwin’s Answer

    Take the emotional and feelings away from the divorce decision. Consider this a (business) partnership that you want to dissolve yourself of. The issues of property division, child custody/parenting, financial support, and a few others still remain. You don't HAVE to have a lawyer, but you are well-advised to have one to protect your rights. There are some areas that you cannot go back and do a "do-over" with. Best of luck.

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