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David J. Marchese

David Marchese’s Answers

3 total

  • My fiance's ex is refusing to pay the court-ordered mortgage, what can he do?

    My fiance's ex-wife is refusing to pay the mortgage on their jointly owned home, despite it being court mandated in their divorce decree. She claims she is unable to, but makes $70,000 a year (the mortgage is $1,200 a month). What can be done to e...

    David’s Answer

    You should hire an attorney to file a motion in the divorce action...either a request to enforce the divorce decree, and/or a motion for contempt, which would potentially bring penalties. There may be other solutions, so mediation is useful for exploring your options. Thank you for your inquiry. Don't wait until your credit is affected. Act now.

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  • I won a contest at work and they said someone else won, can they make me split the money?

    They sent an email saying "the agent with the most points in the contest wins $200 dollars." I had the most points and I only get $100. If anything they should have to give us both $200 dollars. It was their mess up, not mine. Is it legal?

    David’s Answer

    In order to properly evaluate and answer your question, it would be helpful to know the contest rules and disclaimers in full, as well as what you and the other "winner" did to score points, as well as how many points the other person and you each scored. Besides the legal evaluation, you have to consider the impact on your future employment should you make an issue of this. There should be a more discrete way of resolving this, so that you gain credibility, respect and job security.

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  • How can I get my ex husband to STOP spewing lies and trying to alienate my daughter from me?

    My daughter is almost 17 and her entire life we have been extremely close. I had given a job offer in another state and asked my daughter to come with her much younger sisters and me. She stated she wanted to go live at her dads because she wanted...

    David’s Answer

    Thank you for your inquiry. I'm sorry that you are forced to deal with this situation. The truth is difficult to determine when there are different versions. Ultimately, the truth is something that a fact finder determines in a court of law. The damages from telling lies about you can be even more difficult to determine. You can bring a suit (or threaten a suit if willing to proceed) and ask for damages. Another way to deal with this is to file a motion for contempt in the divorce court, and combine that motion with another motion to change the primary residence of you daughter. You should take steps to end the damage first, by contacting a family lawyer to bring a motion. Good luck, and feel free to call me if you choose to pursue the slander case.

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