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Jay D. Raxenberg
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Jay Raxenberg’s Answers

6 total

  • I was served with divorce papers by my soon to ex's attorney...

    I was served with divorce papers by my soon to ex's attorney right after I asked for child support. My question is, Whose burden is it to prove what he is accusing me of?

    Jay’s Answer

    Your spouse has the burden to prove fault in his summons with notice, conversely, if he or she filed a no-fault ground ie) irretrievable breakdown of the marriage all that needs to be shown is that 6 months prior to commencement of the divorce action the parties' marriage has been irretrievably broken.

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  • Equitable distribution of personal bank account in a divorce

    When calculating the amount subject to equitable distribution in a personal bank account that's opened before the marriage, do they typically take the balance on the matrimonial action date (divorce filing date) and deduct the balance on the date ...

    Jay’s Answer

    To ascertain what is considered marital vs separate property the courts will determine if all assets personal, real property tangible and or intangible were acquired prior to the date of marriage which is deemed separate property unless commingled with the non- titled spouse during the marriage and or the non-titled spouse made a direct or indirect contribution to the increase in fair market value of a real estate asset ie) home improvements or added the non-titled spouse on a bank account or investment account for non convenience purposes which transmutate's the separate property character to a marital asset. On the other hand property acquired during marriage from commencement of divorce (filing date of action noted on summons with notice is the cut off for marital assets

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  • Divorce: Money spent on paramour

    My soon to be ex-husband has been spending thousands of dollars monthly on dinner, clothing and hotel room with his paramour using his marital income during our marriage. Is there any way I can demand a credit for his money spent on his paramour ...

    Jay’s Answer

    The courts under equitable distribution shall consider whether your spouse engaged in marital waste and or dissipation of marital assets. If your counsel can prove by bank statements or credit card receipts that he or she is using marital funds on a paramour then you would be entitled to a credit for such marital waste and or dissipation of marital funds.

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  • I am 19 year old and i attend college, my parents want to leave to another country without leaving me any support,

    can they do that and can i take them to court for that ?

    Jay’s Answer

    You can file a peition for child support so long as you have not been declared constructively emancipated in the Courts

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  • Who do i contact to file a complaint the attorney got my retainer anfd the job was not done family estate

    i need to file a complaint against an attorney that has my retainer n did not perform the estate work as promised

    Jay’s Answer

    Contact the grievance committte

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  • Can a mother deny visitation if a father lives in another state and there is no custody papers

    i have a 16 yo going to be 17 in august my child lives in new york and i have been living in florida for almost 4 years i have had my son every summer but the mother and i had a big argument and now she say i can't contact him nor she will send hi...

    Jay’s Answer

    if you have previously acknowledged paternity and you have an order of filiation you can file in the appropriate county in New York where your son lives with his mother a custody/visitation proceeding or alternatively if a Court order exists you may want to pursue a Writ of Habeus Corpus proceeding.

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