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Donald G. Criscuolo
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Donald Criscuolo’s Answers

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  • I need to do discovery on my separated husband whose company is in Florida. The venue for the divorce is California. How?

    He won't produce loan applications, pay stubs, or simple preliminary disclosures, he does some, but not the important things. He makes $1 million a year, and has substantial assets in LLC's. What mechanisms are there for discovery in Palm Beach ...

    Donald’s Answer

    Yes. You need to file an action in Florida for the sole purpose of issuing a Florida subpoena. That subpoena will have the force of law and cannot be ignored. It is true that a California subpoena has no force outside of California. Then your Florida lawyer should take the deposition of the Florida representative of the LLC or corproation. Your California lawyer should work in conjunction your Florida lawyer. The California court should appoint the Florida court reporter as a comminssioner so that the transcript of the deposition can be introduced into evidence in the California proceeding. Of course your California lawyer could come to Florida to take the deposition but that might be too costly. This sounds more complicated than it is but you will probably needa Florida lawyer to sort through this.

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  • Terminate my parental rights so my ex's new husband can adopt our daughter. in return I wish to terminate child support

    My ex and her husband (1 year now) have had custody (ex has) of our 6 year old daughter since my ex and I broke up 5 yrs ago. I was ordered to pay support but was denied visitation rights by the mother for quite some time and didnt have the money ...

    Donald’s Answer

    The person who needs the lawyer the most is the step-father. He needs to file a Petiton to Adopt by Steparent. The mother will need to cooprate and he should attach to it a consent signed by you. Once the adoption is granted that will act a a termination of your rights. This step should not be taken lightly. Although you will no longer have to payt child support you will have no rights whatsoever regarding the child. This cannot be undone.

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  • Can I sue my ex husband for not paying backed taxes as agreed to on our divorce decree?

    My husband and I were divorced in 2010. We were filing jointly until 2009. I later came to find out he was not filing taxes. After our divorce, I got a notice of lien for $20,000.00. I had included in the divorce terms that he was responsible...

    Donald’s Answer

    • Selected as best answer

    It sounds based upon your facts you stated, that this very issue was addressed in the final judgement of dissoultion of marriage. What probably happended was the two of you entered into an agreement and that agreeemt was adopted by the court. If that is the case and your former spouse is not in compliance with his obligations of the final judgment of Dissolution of Marrriage, then you can "sue" him by filing an apppropriate enforcement action in the divorce case. Many times there is a provision in the marital settlement agreements that if such an action is filed who ever wins that action gets an award of thier attorney fees. I need to review your agreement to see if that is there. As far as the IRS goes, the only way to stop them is payment. Thereafter whatever you paid that he should have paid is what you seek in the divorce court against him. You should hire an experienced family law attorney.

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  • What does it take to finalize divorce in Florida after mediation? Can I file again in another state if not final here?

    Mediation Nov 2013 signed agreement to pay monthly $1800 for child support ( $800 for 9 year old child ) and alimony ($1000 for 18 months). Payment are and have been made since Nov 2013. Wife refuses to go to court and "sign ". I live out of sta...

    Donald’s Answer

    You do not state if a Florida divorce is already pending. If so, you could simply set a hearing and ask the court to approve the mediation agreement. If no action is pending it still isn't very complicated. You would need to file and action, allege that the case is already settled and then serve her with a Summons. She would have 20 days to respond and presumbly would admit what you allege. Then you could set a final hearing. As far as filing in another state if the child lives in Florida, only Florida would have jurisdiction over the child issues. Also the other state might not have jurisdiction over your wife. Sounds like you need a lawyer to finish up your case.

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  • How long does court have to determine marital waste.

    I have been divorced for 3 years. My exwife is trying to establish marital waste that doesn't exist. How long after the divorce is final does she have to accomplish this?

    Donald’s Answer

    I do not understand your question. If the Final Judgement is already entered then the case is over. The court should not be considering marital waste in that there is no longer a case pending before the court. Did the court reserve jurisdiction in the Final Judgment to consider this in the future? If so, that would be highly unusual. You should have an experienced family lawyer review the Final Judgment.

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  • Ownership or possession?

    When I sign the stipulation for a final summary judgment giving me 180 to remain in the home - who owns the house me or the bank? Does the bank have ownership and me just possession - or do I have ownership until the actual sale date. It's to my u...

    Donald’s Answer

    Without reading the stipulation this is hard to answer. If you merely agreed that a foreclosure sale will take place after the expiration of the 180 days, then you still are the owner. If you agreed that ownership changed hands and went to the bank and in rerurn you are permitted to stay 180 days then that is a differetn situation.

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  • Think about hiring an attorney for a divorce. The wife is comletely out of control with no means of communication.

    Primary residence was established in 1975. Refinanced the home in 2013 adding the wife to the mortgage but not on the deed. Will she be entiled to 25% of the net worth of this home? Currently the home has four individuals on the mortgage. Marr...

    Donald’s Answer

    This is hard to answer without more facts. If the home was acquired before the marriage and never conveyed to her during the marriage then you should take the position that the home is a non-marital asset. It does not matter how many people are on the mortgage. She probably will cliam that the home has a componet of marital value if marital funds were used to pay down the mortgage which is likely. There is a formula set forth in a Florida Supreme Court case that would probably apply. You should hire an experienced family law attorney to help you with this important issue.

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  • How do I get my husband to provide requested financial documents?

    I filed for divorce after 20 years of marriage. We have four children, three of whom are minors. Although my marriage has been bad for many years, I believe that my husband would remain married indefinitely. As a result, he has not provided reques...

    Donald’s Answer

    Disclosure of financial documents was deemd to important to the Florida Supreme Court that when they were drafting the Family Law Rules of Procedure they included a rule that requires all parties to a divorce to files what is called Mandatory Disclosure. This is a list of documents that include bank statements , tax returns and many other documents. Also, if additional documents are needed you may file and serve a Request for Production seeking further documents. He is required to respond to your request for productioin within 30 days. Sounds like you need to lawyer to make sure your Husband complies because it is not very difficult to obtain this simple compliance.

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  • Can I move my wife's personal account monies to our checking account and then move it to my personal account and withdraw it?

    We are getting ready to divorce and I have been a stay home Dad for her daughter since I gave up my job and moved to Fl at her request. All money has been made since we have been married and I am just looking for half so that I can move out and st...

    Donald’s Answer

    • Selected as best answer

    Before I would give you advice to do what you suggest I would have to be your lawyer and know a lot more facts that your question included. That being said, it is not uncommon at all for one spouse to remove 50% of marital funds from accounts and put these funds in a new account only in that spouse's name. These funds should reamain intact and not be immediately spent so if the other spouse files a divorce, the judge can unwind that transaction, if the judge so rules. Of course when you say you "can" withdraw these funds, I assume that you are an authorized signator on that account. Another remedy available to you is to file an action first and ask the court to freeze these monies if you reasonably believe that she will flee with them. There may be grounds to do so. You should consult with an experienced family law attorney.

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  • Ex husband taking $500 per month out of my alimony without my consent

    We have been divorced for five years. Our kids went to a private school when we were married and my ex was notified recently we owe money to the school from back then. My ex started taking out $500 from my alimony to pay "my half" of the bill wi...

    Donald’s Answer

    Unless the agreement so provides then is is not appropriate. You could and should file a motion to enforce your alimony payments. You could be entitled to an award of attorney's fees upon prevailing in that action. You should consult with an experienced family law attorney.

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