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Joseph M Annutto
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Joseph Annutto’s Answers

35 total

  • What are the steps to disestablish paternity during a divorce?

    Child was conceived during separation, biological father is not present/possibly unknown. Husband is not the biological father.

    Joseph’s Answer

    One question I have is whether the husband was placed on the birth certificate by virtue of the marriage or if the father is blank. I do agree that a paternity test should be performed. If the mom is in agreement that the husband is not the father it would be easier to strike the husband's name on the birth certificate. However, before going through this process, you may want to pause a moment and consider and reflect on the child and would it be in their best interest to not have a father in their life or if the husband would want to assume the father role.

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  • I am a New Hampshire resident who received an OUI (aggravated) in Maine.

    I'm trying to find a DWI lawyer who practices in both states since I'll have to deal with both states.

    Joseph’s Answer

    You should look for an attorney in maine

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  • Can I get divorced, legally separated, or get custody/support orders in NH if I just moved here last month with my 3 kids?

    I have moved back home in with my parents. My husband is in the Navy and is still stationed in Florida. He consented to me taking the kids back to NH and said he would file a joint petition for divorce after I left. Now he says he will not file...

    Joseph’s Answer

    To qualify for a divorce in nh you would need to be here for one year. In order to obtain custody/ support orders you would normally need to be in nh for more than six months. Under two statutes, the uccjea and pkpa, if your husband files within the first six months in florida you would have a hearing in florida to determine whether the children need to be returned to Florida. You should really call to discuss further and whether you have any circumstances that would qualify you for a domestic violence restraining order in nh which would give yo immediate jurisdiction in nh

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  • I have a temporary restraining order against my wife for abuse. Can I ask the judge to make her pay for a lawyer for me?

    I caught my wife committing adultery. After I caught her, she made my life a living hell. She verbally and physically abused me, hid my medications, and drained our joint bank account. The abuse got so bad I had to have a temporary restraining ord...

    Joseph’s Answer

    You can ask the judge, but it is the judge's discretion. Most judges are reluctant to make this order unless it is considered an advance against the final property settlement .

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  • Legal Aid & Divorce: Do I apply/file for NH or MA?

    I moved from Massachusetts to New Hampshire in March (2013). I separated from my husband in August 2012. He still lives in Massachusetts. I want to file for divorce, but I don't know if I should file in New Hampshire or Massachusetts. I was also l...

    Joseph’s Answer

    You would need to live in nh for more than one year or have him served while in nh. Otherwise you would need to file in mass. If you qualify, by leaving mass, you may have destroyed your residency requirement and have to wait until march 2014 to file in nh. You should request pro bono services for the state inwhich you intend to file.

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  • Can I claim both kids if both are now living w/me 100% despite decree?

    my son was living 50/50 between us, now is here full time and my college daughter is also here full time. Can I claim both as dependents despite divorce decree saying 1 each, but circumstances have changed now.

    Joseph’s Answer

    It would be best if could reach an agreement with the ex. If you do, you should document the agreement and file it with the court for court approval. Absent agreement, I would file a petition with the court and request the modification based on the change of circumstances. There are likely other changes that need be made based on the change in circumstances (ie. parenting schedule, child support, possibly health insurance coverage, etc.). The request to change the exemption would be addressed with the others at the same time. But I would emphasize that there should be court approval.

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  • What are my chances of being able to keep my car in my spouses name even after the divorce?

    My car was purchased with a large cash payment as a gift from my mother, and a small loan taken out solely in my spouse's name. I have exclusively paid for all costs associated for the car, every cent. Now, in her petition for divorce, she asked...

    Joseph’s Answer

    the court is likely to order that you each receive one car. You could attempt to refinance the vehicle with a cosigner possible your parents. however, you could also request the court to not require a refinance so long as the car loan remains current.

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  • Additional family moved in. what is my recourse?

    Tenant's daughter has just moved in with her 3 children 6/28/13. Back in 3/1/2004 she was on a yearly lease. It has since terminated and we have not provided a written renewal. She is therefore on a month to month. I confronted the tenant and info...

    Joseph’s Answer

    you should speak with an attorney to draft a new lease. Require the tenant to sign a new lease with the terms you are looking forl

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  • Im tryin 2 get my licenses back but i wana kno if i can get it when i have a warrant

    i have a warrant that i didnt kno about and i dont want to go to jail or stay in there and i want to get my licenses back after i get an sr22 nd make a payment to psnh for a pole please let me kno

    Joseph’s Answer

    you did not say what specifically the warrant was for. So I will assume it is because you were sued for the balance due and were defaulted at a show cause hearing. Although you could make payments to PSNH for the pole or any other creditor for that matter, you may wish to consider filing bankruptcy and discharge the debt.

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  • What is the proper avenue for obtaining recorded phone calls from a company?

    Hello! I am trying to obtain a certain insurance companies recorded phone calls. The insurance company is in one state and I am in NH. I have a divorce case in NH, and the calls may be of help proving a point in a property issue. Also, the cal...

    Joseph’s Answer

    You should issue a subpoena and have it served on the nh registered agent.

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