Donald G. Criscuolo’s Answers

Donald G. Criscuolo

Fort Lauderdale Divorce / Separation Lawyer.

Contributor Level 9
  1. My husband and I own Business together together we started. He Set up another bank account, hijacking big profits coming.

    Answered over 1 year ago.

    1. Marcy S. Resnik
    2. Donald G. Criscuolo
    3. David Alexander Browde
    4. Daniel Seth Williams
    4 lawyer answers

    You could possibly get an injunction depending on how strong the facts are in supporting an assertion that he is intentionally trying to divert or hide the money. That could be part of an action for dissoultion of marriage. It sounds like this business would be considered a marital assst and therefore subject to distribution between the parties, presumly in equal protions. No, a contgency fee is not permtted in divorce matters. It sounds like you shoulkd consult with an attorney ASAP. If served...

    2 lawyers agreed with this answer

  2. Divorce agreement

    Answered almost 2 years ago.

    1. Donald G. Criscuolo
    2. Lucreita D. Becude
    3. Jeffrey B. Lampert
    4. Amanda Salcido
    4 lawyer answers

    It would be somewhat expensive to go through the courts. You could file an enforcement motion and assert that you believe that she has not paid because she has refused to supply you proof. Once the motion is filed, you would have the right to serve a subpoena on the HOA. However there may be a better way. If you still own the unit together with your former spouse, the HOA should deal with you directly. Simply call them and ask them the status of the account on your unit. If you no longer own...

    2 lawyers agreed with this answer

  3. Is this co-mingling of marital and non-marital assets after separation takes place?

    Answered about 2 years ago.

    1. Jason Brian Phillips
    2. Jeffrey B. Lampert
    3. Michael Costantino
    4. Donald G. Criscuolo
    4 lawyer answers

    You most certainly should not comingle marital and non marital money until after the divorce is finalized. It sounds like she will take the position that the money that was initially split is already divided. After all she could have taken more than half but left the other half for you. If you increase the balance of your half with non marital money that will place that money in danger. Once the divorce is finalized, your money is now free to be co mingled without danger.

    2 lawyers agreed with this answer

  4. Last year my husband's lawyer served me divorce papers. I didn't sign, we decided not to divorce. Do we need to rescind?

    Answered about 2 years ago.

    1. Brent Allan Rose
    2. Kristopher Robert Reilly
    3. Donald G. Criscuolo
    4. Peggy Margaret Raddatz
    5. David L. Hirsch
    5 lawyer answers

    If it was never filed there is nothing to "recind" and the proper legal term is dismiss. If it was filed and not served within 120 days from the date of filing, then it is subject to dismissal by the court. If it were to be dismissed by the court due to lack of going forward the petitioner, the person who filed it, would be notified by mail.

    2 lawyers agreed with this answer

  5. Florida, can you set-aside judgment from a Financial Affidavit that omitted pension? 95% value of assets was omitted.

    Answered about 2 months ago.

    1. Robert Jason De Groot
    2. Mark Theodore Tischhauser
    3. Donald G. Criscuolo
    4. Veronica Alicia Silva
    4 lawyer answers

    The answer is yes. But you should not sit on your rights. The more time that passes after you learn of this misrepresentation and you do not file something with the court, the harder it will be to prevail. I would like to know more. Were you represented? Were documents provided in Mandatoery Disclosure that omitted this pension? Is the pension marital? Were interrogatores answered? You should consult with an experienced family law atttorney.

    1 lawyer agreed with this answer

  6. Will wife receive 25% of actual value of home? Currently, four are on the note - mortgage & deed.

    Answered about 2 months ago.

    1. Donald G. Criscuolo
    2. Michelle Rene Fernandez
    3. Robert Jason De Groot
    4. David L. Hirsch
    4 lawyer answers

    It sounds like you are correct in that the "marital" portion of this home will be 50% and the starting point for dividing marital property is equal and the 50% marital interest may well be divided equally and therefore 25% to each spouse. Each spouse also has an obligation to pay their fair share of any obligations associated with the property like taxes and insurance and homeowners, if any. The other people on the deed, I assume your and your spouse, may also file a partition lawsuit to force...

    1 lawyer agreed with this answer

  7. If married in California for 9 years and then move to Florida and become residents, what state has jurisdiction for divorce

    Answered 5 months ago.

    1. Sabina Tomshinsky
    2. Penny Taylor-Miller
    3. William Charles Rosenfelt
    4. Donald G. Criscuolo
    4 lawyer answers

    If both of you left California and both of you are now Florida residents and have been here for at least 6 months, then Florida would have jurisdiction of the subject mattter because you have your matrimonial domicle here. The court also has jusirdiction over your persons because you both reside here. If someone files in California it would be subject to dismissal. As far as the duration of the marriage, a"long term" marriage in Florida is 17 years or more. I do not know if your are...

    1 lawyer agreed with this answer

  8. Can I file my taxes married but separated? I have been separated from my husband since September 2013.

    Answered 6 months ago.

    1. Heather Morcroft
    2. Jordan Gerber
    3. Richard Scott Chizever
    4. Donald G. Criscuolo
    4 lawyer answers

    This is more of a tax question than a legal one. The answer is yes any married person could choose to file married but seperate. That is not a good tax status to have but depending on a lot of other factors, one that you might want to consider. As far as who get to claim the children that could be a legal questuon once a divorce is filed. If you both claim them the IRS would probably audit you both and then a court order designating who gets to claim the children would control. You should...

    1 lawyer agreed with this answer

  9. How much of a decrease in my income will justify going back to court for a decrease in alimony?

    Answered 6 months ago.

    1. Brent Allan Rose
    2. Donald G. Criscuolo
    3. Natasha Bostick
    4. William Charles Rosenfelt
    4 lawyer answers

    The is no actual formula or percentage stated in the statute. The change must be "material". That may change form case to case but it seems that a change of $200,000.00 per year would most likely qualify. There is a need for urgency because the effective date of any downward modified alimony cannotr be before the date of the filing of your pleading. So if you delay for many months or years and pay the alimony by borrowing or depleating assets you will not be able to re-coup those payments....

    1 lawyer agreed with this answer

  10. How do I stop my ex wife from pocketing the mortgage payment the judge ordered me to send to her to pay the mortgage.

    Answered 6 months ago.

    1. Brent Allan Rose
    2. Jordan Gerber
    3. Robert Jason De Groot
    4. Daniel A. Bachert
    5. Donald G. Criscuolo
    5 lawyer answers

    Perhaps you should make out the check directly to the mortgage company with a reference to the account number. Your ex will not be able to cash the check. If she does not send it in, you will know by inquiring online and can then file an appripriate motion to enforce or for the entry of an order permitting you to pay the mortgage directly. You also seem to have the right to file a motion to recoup those double payment that you made. Why have you waited so long? You should consult iwht a...

    1 lawyer agreed with this answer

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