Donald G. Criscuolo’s Answers

Donald G. Criscuolo

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I sue my ex husband for not paying backed taxes as agreed to on our divorce decree?

    Answered 9 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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  2. Terminate my parental rights so my ex's new husband can adopt our daughter. in return I wish to terminate child support

    Answered 9 months ago.

    1. Gregory Thomas Buckley
    2. Donald G. Criscuolo
    3. Michael Alan Shorstein
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  3. Married 16 years with no children. We have agreed to file for divorce or legal separation. I am self employed in the hotel bus.

    Answered 12 months ago.

    1. Jordan Gerber
    2. Michael Costantino
    3. Donald G. Criscuolo
    4. Erskine Clark Rogers III
    5. Natascha Maria Aabbott
    5 lawyer answers

    Have consults with attorney's until you find one you are confortable with. Many, myself included , give free consults. You have to like the attorney and the attorney has to like you. Sometimes after speaking to a prospectice client I would not represent them. There needs to be a chemisrty there. Good luck.

    3 lawyers agreed with this answer

  4. Dissloution of marriage Please help me

    Answered over 1 year ago.

    1. Carin Manders Constantine
    2. Dean George Tsourakis
    3. Penny Taylor-Miller
    4. Richard Scott Chizever
    5. William Charles Rosenfelt
    6. ···
    7 lawyer answers

    Yes of course you may file an action seeking dissoultion of marriage. If he child was born during the mariage there is a legal presumtion that he is the father of the child even though he is refusing to sign the birth certificate. In your action there will be issues of "custody" or in legal terms timesharing and the payment of child support. You should consult with a family law attorney.

    3 lawyers agreed with this answer

  5. Is the fact I just don't love my wife grounds for divorce?

    Answered over 2 years ago.

    1. Thomas R. Peppler
    2. Donald G. Criscuolo
    3. Brittney Cecilia Gutin
    4. Ophelia Genarina Bernal-Mora
    5. Daniel A. Bachert
    6. ···
    6 lawyer answers

    Florida is a "no fault" state. In order to be entitiled to a divorce you need to be a resident of Florida for at least six months and no grounds other than you want a divorce.

    3 lawyers agreed with this answer

  6. Can my estranged husband and I file an agreement for spousal support with the court without getting divorced?

    Answered 7 months ago.

    1. Donald G. Criscuolo
    2. Penny Taylor-Miller
    3. Betty Elaine Jones
    4. Adam B. Cordover
    5. Robert Jason De Groot
    5 lawyer answers

    Yes, the type of lawsuit you would file is called an action for seperate manitenance and support. The statute is 61.09. In it, the Court would resolve issues like custody, child support, alimony and attorney's fees. If you are getting supppoort now, but there is not court order, he could stop paying and you would then have to scramble and rush to court and ask for an order and that could take months. If there is an agreement, you could file the lawsuit and submit an order on a agreed to basis...

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

    Answered 10 months ago.

    1. James W Chandler
    2. Donald G. Criscuolo
    3. William Charles Rosenfelt
    4. Elaine Jackson Stack
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. How long does court have to determine marital waste.

    Answered 9 months ago.

    1. Jordan Gerber
    2. Donald G. Criscuolo
    3. James W Chandler
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. Is there any way to totally eliminate alimony? My divorce settlement is modifiable. Right now, I do not have the money to pay.

    Answered 10 months ago.

    1. Tami Lane Augen
    2. Robert P Garven
    3. Mark Abzug
    4. Donald G. Criscuolo
    5. William James Lalima
    5 lawyer answers

    If you are correct that your divorce settlement is modifiable, then yes you have the right to file a supplemental petition seeking to revise downward the aliomny award. Sometimes in divorce settlements the parites agree that the aliomny is non-modifiable. If that did not occur in your case, then you sould proceed immediately and file your action. You can obtain a retro-active modification but only back to the date of filing not back to when your income changed. Therefore every time an alimony...

    2 lawyers agreed with this answer

  10. Can you file petition for divorce if your spouse did already?

    Answered almost 2 years ago.

    1. Gregory Thomas Buckley
    2. Donald G. Criscuolo
    3. Jeffrey B. Lampert
    3 lawyer answers

    Of course you can. It is almost always the case that when you file an answer to the divorce petition you also file a counter-petition for dissoultion of marriage. Any loans against a marital assets should only be done with the approval of both parties. The holder of the 401(k) may even require the consent of the spouse in writting. An experienced family lawyer should be able to protect you from your spouse raiding marital assests during these proceedings.

    2 lawyers agreed with this answer

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