Skip to main content
Brian Daniel Perskin
Avvo
Pro

Brian Perskin’s Answers

589 total


  • I am going through a divorce, i have a lawyer in houston texas, vut i havent heard from them in months. What do i do?

    My wife took my kids while i was sleeping and ran off with another man. She lued and told cps i was abusing my kids, it came out in court that i never did. I had to move back to ny...because i couldnt find work in texas.

    Brian’s Answer

    I would suggest that you create logs of each time you have tried to contact your attorney. You have the right to change representation if you are not happy with your current lawyer. Search on Avvo for attorneys in Texas.

    See question 
  • The divorce attorney I hired has been non-cooperative and there has been a breakdown in communication. I paid him half his fee

    I need to go back to court but want to hire a different attorney who can better represent me and have only enough money for a retainer fee for the new attorney. How can I get a release from the first attorney if I don't have the money to pay him t...

    Brian’s Answer

    Review your current retainer agreement. You may be able to get a refund on fees already paid.

    See question 
  • Attorney won't call me back about my divorce case.

    It's been over a year now since I have filed for divorce. I've called and left messages to ask him and the secretary says she will leave him a note. No call! Called three weeks later and told her and she said the same thing. That's when I told her...

    Brian’s Answer

    If you are unhappy with your current representation, you have the right to change counsel. Speak to other attorneys in your area, explain your situation, and retain one who seems like the right fit for your case.

    See question 
  • How can I get a lawyer when I don't have any money?

    I got a citation for shoplifting at a store and the judge told me that I need a lawyer in two months.

    Brian’s Answer

    The court can appoint a lawyer for you.

    See question 
  • How much should I be paying monthly, in child support for two kids in NYC?

    Gross Pay $60,333.36 Federal TAX $6,157.33 NY State Tax $2576.15 Local Tax $1605.61

    Brian’s Answer

    http://www.alllaw.com/calculators/childsupport/new_york

    You can use an online calculator, like the one linked above. I suggest contacting a lawyer in Queens are more clarification.

    See question 
  • My husband claims we are divorced but I wasnt given anything, he is remarried. Could we be divorced and how do I find proof?

    I left my husband but couldn't afford a divorce and he wouldn't cooperate. Now I found he his married and he said we are divorced but won't tell me where he filed. I need proof. Sti can't afford a divorce.

    Brian’s Answer

    Call around to the county clerk's office to see if there is/was a divorce case. You should have been served a Summons after your husband filed. If you two are not divorced, then he is not legally married to the other woman.

    See question 
  • Should I be worried about CPS visit? Do we need an attorney?

    CPS came to our door with couple police and asked to come in. She told us we were accused of slapping our kids and threatening to burn them if they don't behave, Which is crazy. She then looked around our house, and talked to the kids (11 and 12) ...

    Brian’s Answer

    You should be okay, especially if there truly is no history or instances of abuse.

    If you're really worried, compile a list of attorneys in your area that you will contact if an issue arises. Hold tight for now.

    See question 
  • If I put child support on the father of my child does he get rights for custody

    Can he get custody with no supervison of me

    Brian’s Answer

    If he is proven to be the child's father, then he will have a right to custody and/or visitation, regardless of whether or not he pays child support.

    Contact a local family law attorney for more information.

    See question 
  • For what reasons would a stipulation of discontinuance be filed in a divorce case, only for a 2nd one to be filed months later??

    A friend of mine living in NY had been going through divorce proceedings. Her husband served her papers. After 15 months or more, the case was disposed under a stipulation of discontinuance. Then after 3 months a 2nd divorce case was filed. This...

    Brian’s Answer

    Its very possible that they decided to give their marriage a chance, but later realized that they still wanted a divorce. It doesn't really matter.

    See question 
  • I just move to AL for 3 months...I need to file divorce but my ex lives in GA...pls advise, Ty so much

    I've been married for 9 years and I was married in Jakarta

    Brian’s Answer

    File in whichever state/county you are a resident of. Your wife can be served in GA.

    I suggest retaining an attorney to assist you, especially if you need to have documents served over state lines.

    See question