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Robert B. Pollack's Answers
- 26 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Hiding Income
Yes, it is "legal" for him to have a separate account and thereby attempt to "hide" income from you. As part of our routine discovery process, we send out subpoenas to every bank within about 25 miles from our client's home, asking for account statements and other bank records under the other party's name whether by himself or with another person and identify him by the last four digits of his social security number. It is amazing how many times we find out about "hidden" accounts! There are...
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3
Attorney answers:
Res Judicata and divorce
I concur with the previous response and would add that you need to consult with an experienced attorney who will explain to you that the allegations on fault are generally meaningless... sorry! it is just so much fun to be able to see the alleged wrongdoings of your spouse spelled out on paper, right? Unless the allegations can be seen as having some impact on the custody and visitation issues in the case, or unless the other party's actions were "egregious", "shocking the consience of the...
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3
Attorney answers:
Ex wife wants to take me to court to adjust child support beyond what divorce decree states
In October 2010, the laws in New York changed which could impact your facts and circumstances. Please seek a consultation with a matriimonial attorney because the proper answer to your question depends on facts you did not state. However, be advised that unless and until a Court of competent jurisdiction (Family Court or Supreme Court) enters a modified Order or a temporary order modifying the previous Order (probably your Judgment of Divorce), you must pay what is presently ordered. Do not "...
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2
Attorney answers:
NY - Counterpetition for Divorce?
In New York, in the present pending action you described, your husband is termed the Plaintiff and you the Defendant. You may assert a COUNTERCLAIM against him by answering his Verified Complaint with a Verified Answer with Counterclaim. This would put control back on your side, assuming he does not then move to dismiss your counterclaim. Sounds to me like you should be getting personal fact / circumstance specific counsel from a matrimonial attorney before your control freak husband, in...
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3
Attorney answers:
Unfair signed & notarized settlement/divorce agreement prior to divorce filing
You may not contact the justice yourself. You have entered into an enforceable contract. That is unfortunate, however, the contract stands, at least for now. If you were "emotionally disabled and pressured", you were aware of those limitiations and they should have been discussed with your attorney PRIOR to your executing the agreement. What you could do is this; allow the divorce to proceed to judgment but discuss with your attorney, or another attorney for a second opinion, the possiblity...
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2
Attorney answers:
If my attorney and husband's divorce attorney, mediator and judge do not enforce the automatic restraining order which my
The ongoing violation of the automatic restraining orders is sometimes difficult due to the nature of the asset that may be being impaired by one spouse against the interest of the other. For example, if your husband "raided" a bank account, the amount can be ascertained easily and during the equitable distribution phase of the trial, credit can be obtained to your benefit. If he tries to sell your house during the pendency of the action, a motion could be made to enforce the orders and he...
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3
Attorney answers:
Should I try to find another divorce attorney?
Nothing is more offensive to me than an attorney who ignores his client. In my opinion, attorneys who practice in our field should know that people are going through a terrible time in their lives and if those attorneys are not prepared to understand that, do necessary hand holding and be responsive, then they should be practicing in some other area. Be angry... HE is working for YOU, not the other way around. He shoud appreciate your having had the trust in him to hire him to handle this...
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3
Attorney answers:
Divorce, Annulment what option is best??
There is a common misconception among lay persons and some attorneys that annulments are a choice... easy to obtain. NO! You got married and are residing in New York. Now, you have do deal with the law to undo what you did. The option of annulment may not be on your menu, based upon the unique facts and circumstances of your marriage. Consult with an attorney... you need to do that. I think I see a divorce in your future however...
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2
Attorney answers:
I am still married.but my spouse is living with someone else.Under theNYS law.are we stll married or consider divorced/sep.?
Unless and until you or he alters the marital relationship through divorce, legal separation, a separation agreement or annulment, you are as married today as you were when he left. You say he has provided no support... but have you petitioned Family Court for child support and possibly spousal maintenance? Of course, if you commenced a divorce, those claims could be part of the case. A personal injury settlement is presumptively separate property in New York, though if any portion of that...
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1
Attorney answers:
Where on the forms and What verbiage is needed for a caveat or contingency regarding a home?
You do not indicate if you are married to "her" but for this answer, I will assume you are. You also do not indicate when you purchased the house. If you purchased it with "her" prior to the marriage or during the marriage. This matters. For now, I will assume it was purchased during the marriage and the house is therefore presumptively deemed "marital property" under New York Domestic Relations Law. You do not indicate whether the ownership of the house is by "tenants by the entirety",...
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