Donald G. Criscuolo’s Answers

Donald G. Criscuolo

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 9
  1. Live in Atlanta, received divorce summons from Florida.

    Answered over 1 year ago.

    1. Donald G. Criscuolo
    2. Erskine Clark Rogers III
    3. Karen Tallent Munzer
    4. John P Wallace
    4 lawyer answers

    You should not file an answer. If you never lived in Florida , the State of Florida has no jurisdiction over you, By fiing an answer you waive your right to chalange jurisdiction and will then be forced to litigate the alimony issue here in Florida. Instead, you should file a Motion To Dismiss For Lack of Personal Jurisdiction. You should assert in that motion, which should be sworn to, that you never lived in Florida and further attach copies of your Tennessee driver's license, voter's...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My ex wants me to lower his garnished child support by half. We have been divorced since April 2012 in Florida.

    Answered over 2 years ago.

    1. Brent Allan Rose
    2. Maria Kazouris
    3. Donald G. Criscuolo
    4. Peggy Margaret Raddatz
    4 lawyer answers

    The fact that you feel "forecd" to sign the agreement says it all. Do NOT sign this agreement. His threat to change cusody to 50/50 is most likely an empty threat. Under Florida law in order to be entitiled to such a change he would be required to prove that a substabtial change of circumstances occured since the last court order dealing with parenting issues. You state that you have primary custody and that that issue was just resolved, so what has changed? Do not let him intimiate you. You...

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    1 person marked this answer as helpful

  3. Can a Palm Beach divorce court order a party to list a NY home for sale? I say it can under Gilbert v. Mendelson.

    Answered about 1 year ago.

    1. Erskine Clark Rogers III
    2. Donald G. Criscuolo
    3. Richard Scott Chizever
    4. Carin Manders Constantine
    5. Peter J Weinman
    5 lawyer answers

    The way the questioin is phrased is absolutly yes, if the court has personal jurisdiction over the parties that it is ordering to sell the property. The case you cite was litigated by my firm. We cited the "local action rule" and asserted that the court could not order the sale of propeerty outside of that court's geographical boundaries but the trial court found otherwise and the appellate court agreed.

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  4. Can my husband request that I buy him out of our home upon divorce? We owe more than what our home is worth.

    Answered 8 months ago.

    1. Tami Lane Augen
    2. Donald G. Criscuolo
    3. Robert Jason De Groot
    4. Robert P Garven
    5. Richard Scott Chizever
    5 lawyer answers

    Of course he can ask. You should probably say no thanks. I need to know more facts but it sounds like you could ask for exclusive use and occupany of the home as an incident of child support or spousal support or both. The court has the authority to grant such a request. It not like he he prejudiced because there is no equity that he is foregoing in the short term. You should consult iwth a lawyer for further analysis of this and the other issues that will be presented in your divorce.

    4 lawyers agreed with this answer

  5. My husband moved out (We've been having irreconcilable differences).

    Answered 10 months ago.

    1. Jordan Gerber
    2. Carin Manders Constantine
    3. Donald G. Criscuolo
    4. Cindy S. Vova
    5. David Alexander Browde
    5 lawyer answers

    Yes the court will still grant you a divorce. Regarding child suppoprt, you should serve him personally in California and assert that Floroida has jurisdiction over him because he previously maintained a matrimonial domicle in the State of Florida. That way the Florida court will have personal jurisdiction over him to award child support. The Court will not permit you to waive child support.

    4 lawyers agreed with this answer

  6. Can alimony to a husband seeking divorce be waived by the court?

    Answered 10 months ago.

    1. Michael Costantino
    2. Daniel A. Bachert
    3. Joseph Gufford III
    4. Tami Lane Augen
    5. Donald G. Criscuolo
    5 lawyer answers

    If you mean can the Husband's alimony request be denied, the answer is yes but based upon the facts presented that may not be a likely result. If an agreement were reached and the agreement provided for a waiver of alimony then the court would almost certainly approve that because an adult may waive support if so inclined. What might induce the Husband to do so may be an unequal distribution of assets in his favor or other considerations. There are many factors in this equation. The marriage...

    4 lawyers agreed with this answer

  7. Hello, I have been married for 6yrs, dated and lived with my husband for 16yrs total. Last July he cheated on me

    Answered over 1 year ago.

    1. Daniel A. Bachert
    2. Donald G. Criscuolo
    3. Natalie F Guerra-Valdes
    4. Matthew Thomas Majeski
    5. Natascha Maria Aabbott
    5 lawyer answers

    Your first step should be a medical exam on yourself to determine if you have any type of sexually transmitted disease from contact with your Husband. If so, there are ways to sue your Husband for transmitting that disease to you. Next you should consult an experienced family law attorney and file a dissolution of marriage action which would include a request for child support. Alimony and property issiues should also be addressed in your petition. I am truly sorry for your situation.

    4 lawyers agreed with this answer

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

    Answered 6 months ago.

    1. Donald G. Criscuolo
    2. Heather Morcroft
    2 lawyer answers

    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...

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  9. What happens if respondent does not respond to divorce petition in Florida?

    Answered over 1 year ago.

    1. Amanda Salcido
    2. Donald G. Criscuolo
    3. Matthew Thomas Majeski
    3 lawyer answers

    You have the right to file a motion for clerk's default and, if service was had in the State of Florida, you can obtain a clerk's default. Thereafter, you may ask the Court for a Final Default Judgment, but by that time, if there are assets, the opposing party will probably wake up and participate in the proceedings. Even if they do not, the Court may well award only what you are entitled to under the law anyway, instead of the opposing parties' share going to you.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 5 months ago.

    1. Donald G. Criscuolo
    2. Eric J Trabin
    3. Betty Elaine Jones
    3 lawyer answers

    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...

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