David Perry Davis's Answers

Divorced for 10 yrs& been claiming my child every yr on my taxes.Ex just said div decree states we're to alternate yrs claiming

If he didn't claim the child in past years, I think it's HIGHLY unlikely that a court will tell you to go back and amend your returns. You couldn't have both claimed the child - the IRS would reject the second-filed return. The IRS rules state that the custodial parent gets to claim the child, however a state court judgment / order can allocate it. Google Gwodz v. Gwodz for "the" NJ case on it. If it's in the judgment / order that you alternate and you took him last year, then, yeah, he's...

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Spouse refuses to sell home. Does this mean I will have to proceed with a contested divorce?

Well, it doesn't mean that it's necessarily going to become an emotional, financially draining nightmare, but it doesn't sound "uncontested", either. You may need to look into whether you two can realistically afford to keep it during the divorce process - if not, a judge can order it sold now (Randazzo v. Randazzo). Otherwise, figure 15-20 months after the complaint is filed before it'll be getting sold. Perhaps there's some other concession he's looking for to suddenly get...

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If my Ex-wife isn't following custody agreement by refusing to share burden of transportation, what are my rights?

You could file a motion and ask a judge to address it or to refer you to mediation to address and, pending mediation, to order an interim solution. You could also pick up the kids and let her know via text that they'll be available for her to pick up at X ' Clock as per the arrangement, that they'll be ready for her to pick up, but that you won't be driving them back? It'd a little aggressive, but it might prompt a conversation, and she can't claim you interfered with the order if it says...

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My boyfriend is accused of hitting me but he didn'nt i actually fell the police don't believe me. court date next week.

Yeah, I'm going to be a little more direct and say what a couple of the other answers imply: I don't believe you. I think he beat hell out of you and you're trying to save his skin beacuse you're in the cycle of an abusive relationship. In my experience the most "real" DV victims are also the quickest to say the charges should be dropped (by contrast, the "harassment" / "name calling" ones seem to never quit....). You've got to keep in mind the domestic violence is a cycle. Read this:...

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Can I know the real address where my wife keeps our 11 month old child during her parenting time under joint custody?

First, although I'm a dedicated proponent of shared custody, I shiver at a schedule that had an 11 month old with each of you for a week. That's too long for a child of that age; the baby can't conceive of "I'll see dad / mom in a week"; they will mourn the other parent as if they died. 2 each, max, and review it when the child is around 2. Check out: http://divorcelawyerspokane.org/wp-content/uploads/2011/04/Kelly-Lamb-Using-Child-Development-Research-.pdf As to the games she's...

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How can I get D.V. case/charges dismissed against my boyfriend for assaulting me?

The prosecutor will certainly speak to you and inquire as to how you want to proceed. If you say you're not inclined to testify, they'll offer him a plea bargain. Keep in mind that on a second conviction for a violating a restraining order, there's a MANDATORY jail sentence; judge has no discretion over it. If you're looking to cut him a break but keep the RO, he could (perhaps - discuss with prosecutor) plead to harassment, with the agreement that a second violation will be considered a...

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What does this mean: THE COURT IS NOT RESERVING ON ANY ISSUES.

It sounds like the court was telegraphing / underlining that its decision was a "final order" and not interlocutory (meaning "not final"). Two possible reasons - if there was any lingering impression that further proceedings were going to be scheduled on this issue, this provision makes clear that there aren't. Also, if another provision in the order was arguably not final (thus preventing the deadline from ruing for appellate purposes), this makes clear that the order is "final."

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My 14 year old daughter has a court ordered visit with her grand mother I want to stop the visits how?

I'm not clear on how she established a sufficient relationship (and how a court found that the severing of that relationship would cause harm to her, which is required to order third party visitation) - there's got to be more facts here. If there's a court order, you can't violate it unless you can demonstrate that complying would put your daughter in harm's way. Especially with an order that old, it sounds like you need to file a motion and ask a judge to review the situation. Would be a...

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Am I responsible for all of the expenses of living pending a divorce in nj if I do not reside with my wife?

While the above is generally correct, and I agree you need to get a consult and not try to handle this over a Q&A board, especially as there are children involved, the facts you're giving - if proved - might well result in you not having a pendente lite obligation. In Rose v. Csapo, http://scholar.google.com/scholar_case?case=5732515355778388304&q=csapo&hl=en&as_sdt=4,31 , the court ruled that when a supported spouse cohabits on a pendente lite basis, no support should be ordered. However, in...

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Divorce. How do I proceed in my special situation? what should I know and how to go about it.

If you can locate her to have her served or she's willing to sign, her living outside the country is irrelevant. If you can't locate her, you'll have to proceed by publication. It can be tricky, and many judges have different standards for the hoops you'll have to jump through to provide you diligently tried to locate her. When the judge approves it, you'll publish a notice in the newspaper and that will be considered "service" of the complaint. It's probably easier and quicker to do this...

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