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Jayson Lutzky
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Jayson Lutzky’s Answers

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  • I've been married for 14 years and have children. I'll finish nursing school prior to divorce how does this affect financial

    Is getting my degree considered an asset? Will I have to pay my husband some amount? He has a well paying job and did not pay for my nursing school- I took out loans. I stopped working since February 2015 to finish school.

    Jayson’s Answer

    Anything acquired during the term of the marriage until the filing of the divorce action is marital property subject to distribution with certain exceptions. Once something is classified as a marital asset, then the court needs to divide it equitably. It is best to retain an experienced attorney to assist you. The law regarding degrees and professional licenses is constantly evolving.

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  • We have joint legal custody and I have residential custody. My question is can my ex just show up at daycare and pick my son up

    Even though it is not his parenting time? The daycare said that if the father shows up they must release my son. I have provided them with our order that outlines his parenting schedule. It clearly states dad picks up m/w 5pm-7pm. So why wld day...

    Jayson’s Answer

    File a petition to set up a specified visitation order with the family court. The day care agency will not play judge to interpret what your agreement says.

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  • Can you put in drop visitatiins against a temporary order for visitation.

    The other parent violated the order by smoking around the child, taking them to the drug spot and neglecting the child by not bathing the child. The father even refused for me to speak to the child 10 days out of the 14 days he stood there.

    Jayson’s Answer

    You can file violation petition as well as a petition to modify the order of visitation.

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  • 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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