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Jayson Lutzky
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Jayson Lutzky’s Answers

7,081 total


  • Am I entitled to my husband's settlement if we are not living together he failed to tell me about.

    I'm currently on process of divorce he ows 11000 in back support no violation filed cause he refuses to work and I'm scared they are going to not make him pay so can I go after his settlement from his car accident that he is suppose to be getting.

    Jayson’s Answer

    File for a violation and obtain a judgment to docket against the accident case. Contact a divorce lawyer to assist you.

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  • Should I plea guilty or not guilty when mailing my ticket for possession of alcohol without a permit in?

    I am over 21 years old and was given a possession of alcohol ticket at a concert when I was throwing my empty bottles away from my car. I thought the officer told me to mail it in pleading not guilty, but my friend says to mail it in pleading guilty.

    Jayson’s Answer

    Bring the paperwork to a criminal defense lawyer immediately.

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  • Hi have had cps come to my house. For allegations of neglect. They had high lead levels but recently levels went down

    now cps still sent a letter stating they found allegations to be true from theyre investigation. What should i do? What will happen next?

    Jayson’s Answer

    Contact both a family lawyer and a personal injury lawyer.

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  • Child custody for unmarried couple in new york state

    i want sole custody of our 20mth old child, he just recently moved out and is threatening for full custody. i would rather him have visitation. if i were to file in the state of oregon, would i be in trouble? what would be best stay in ny and file...

    Jayson’s Answer

    The child's residence for the past 6 months determines the proper state where to file for custody.

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  • Do courts really grant fault-based divorces when there are no demands (custody, property, money) from any party?

    My husband is obsessed with proving I was at fault for the divorce (he wants to use adultery, abandonment, and cruel and inhuman treatment). Not only are the faults mutual, but he is not even seeking anything: we have no children or assets. His on...

    Jayson’s Answer

    Since you have an immigration issue it is best for you to hire an experienced matrimonial lawyer right away. Your divorce case may impact your immigration status.

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  • Spouse doesn't want divorce - can the case be dragged out for a long period of time?

    My spouse regularly disappears and hasn't been part of my young boys lives. I'm not sure since he makes a rather large salary how long he can keep a divorce battle going? He said if I file he will use our boys to hurt me. He has no relationship ...

    Jayson’s Answer

    If your spouse is the moneyed spouse, then your lawyer can file a motion requesting that he pay your legal fees, child support, spousal maintenance and other expenses.

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  • Am pro se and would like to know can I file a motion for default judgement in a divorce case.

    I did not receive a motion from defendant in the time prescribed by the courts. received a week later.

    Jayson’s Answer

    You can file a motion for a default. If you received paperwork a little late, then the court will in all likelihood accept the paperwork. The court does not hold pro se litigants to strict time deadlines.

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  • NY Uncontested Divorce Forms: Can't remember the exact date of our marriage. Can we enter a "close" date?

    Hello, My wife and I have been married for over 20 years and agree to get an uncontested divorce. We were married in Italy and have been living in New York for over 15 years. We recall the month and year of our marriage but not the exact date and...

    Jayson’s Answer

    Put in the exact date. If you do not recall the date, then search the records where you were married. Judges do not verify any the information. In filing the divorce you are swearing under oath that the information is correct.

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  • Can I have my girlfriend sit in the courtroom for the last day of my relocation trial fro moral support?

    Last day of a relocation trial tomorrow and the petitioner had her husband sit in the courtroom.

    Jayson’s Answer

    If she is not your witness nor the other side's witness, then she can sit in the courtroom. I suggest first consulting with your lawyer who is in the best position to advise you.

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  • What is the time frame for filing an Affidavit of Service with the court in a divorce case (NY state)?

    I filed a Summons With Notice with the court on May 11, 2015. My husband was served on May 20, 2015. Is it okay for me to file an Affidavit of Service with the court now, or am I too late? What could the consequences be? What is the usual time fra...

    Jayson’s Answer

    You can file it now. Be aware that the court can dismiss the case if the index number was purchased more than 120 days ago. It is best to speak with an attorney ASAP.

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