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Douglas Shaun Kepanis

Douglas Kepanis’s Answers

203 total


  • Separate property divorce

    My spouse has exclusive occupancy Of my separate property that I inherited priory to marriage there are 2 young children involve. My lawyer ask me to voluntarily agree to the motion of exclusive occupancy pente lite. He promise me that I will get ...

    Douglas’s Answer

    This sounds like a disaster. Without reading the Motions, Preliminary Conference Stipulation and the pendente lite Stipulation and/or Order, the attorneys herein cannot give a proper answer. Your best bet is to consult with and retain the services of an attorney that regularly deals with these issues.
    What was the reason your attorney sought to be relieved? This sounds like there is a lot more under the surface.

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  • Divorce

    divorce

    Douglas’s Answer

    Divorce indeed..................................................

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  • Can I ask to get a different judge for my divorce trial?

    My divorce is going to trial and the judge that I have now is biased in some way against me, and at first it was supposed to be a different judge for the trial but now it is back to him. Is there any way I can ask for another judge? Thank you for ...

    Douglas’s Answer

    I have sought to have a judge removed on two different cases, one in which I had actual evidence of ex parte communications and the judge refused to recuse himself. The system is broken. Also, if a Judge is in his last year on the bench, they can have an attitude of being "bulletproof" because they will not have to deal with the ramification of their biased decisions.

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  • Can phone or text records be subpoenaed in a divorce

    If you have separate phone plans can spouse demand phone records

    Douglas’s Answer

    Please be aware NY has specific rules that must be adhered to when it comes to electronic evidence, specifically at the Preliminary Conference - many attorneys do not realize this and end up waiving it.

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  • Is spousal maintenance awarded after a 2 year marriage?

    My spouse filed for divorce, she is 33, speaks 3 languages, has a part time job, bachelors and associate degrees, healthy, and can easily work full time. Married for 2 years only and are close to joint custody over 4 y o daughter. Also, during pe...

    Douglas’s Answer

    Is it ever awarded? Yes. Will it be awarded herein? Not likely, but, never say never when it comes to anything the Courts in this State do.

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  • Which date is the legal date of divorce.. The date executed by the judge or the date entered in the county clerk office?

    no add'l details

    Douglas’s Answer

    I am refraining from answering as I anxiously await the two attorneys above to argue their opposing answers…(grabs popcorn)

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  • Do I need a forensic accountant or a divorce lawyer with account background

    Owns a tour operation company works with agencies in south america

    Douglas’s Answer

    More information is needed. If there is a business involved, you would be wise to secure the services of a business valuation expert.

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  • Can I lower my child support payment?

    I only make $600 gross per week. My child support payment is set at $280.00 per week. I need to lower this payment to a just amount. Is this possible?

    Douglas’s Answer

    Yes--with the caveat that you have not stated why your support was set at the $280 level originally....how many children? what was your income at the time? Why your income has decreased? Did you quit your job and take a new one? Fired for cause? Laid off? Underemployed? There are mechanisms to have it lowered but these questions and follow up questions must first be answered.

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  • How much will it cost to hire a divorce attorney. What is the rule that a attorney follows.

    I see that different attorneys charge different fees, for the same case. I understand that there are high end attorneys and then there's average. I just need some feedback what to look out for before I hire.

    Douglas’s Answer

    First and foremost is meeting with different attorneys to find one you are comfortable with. while one attorney might only ask you for a $2,500 retainer, they will likely be asking you for another $2,500 a week from now. A good attorney can estimate the time to be spent in the matter and ascertain the retainer amount commensurate therewith. Beware the small fee up front!

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  • How do I answer a petition from my ex for relocating my daughter? Is there a form to download?

    Was served a petition to relocate my daughter to NC and now I need to answer the petition. SHe is 11 and need to file this by Aug6.

    Douglas’s Answer

    Normally, Petitions in Family Court are set for an appearance date. On the date thereon, you can seek time to put in a written Opposition and/or Cross-Petition. If you do not have an attorney on that date, you can request time. If you state that you cannot afford an attorney, the Court will inquire into your financial situation and determine whether or not you qualify for a panel/free attorney. Most of these attorneys, while good, are grossly overworked. I would suggest consulting with and retaining private counsel IMMEDIATELY, as your case date is rapidly approaching.

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