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Neil M. Colman
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Neil Colman’s Answers

2,295 total


  • If the check comes before my divorce is finalized, does he get half?

    So I am currently in a Medical personal injury lawsuit and know that I Will be getting the settlement papers any day. I have been trying to divorce my husband first because I know he's just waiting for it to get here first so HE can file and take...

    Neil’s Answer

    The cause of action may be considered a marital action subject to division. Far more details are needed to determine the nature and extent of the injuries and the facts relating to the care given, or involvement of your spouse, since the date of the injury. Consult an experienced family law attorney in the GR area, of which there are many.

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  • IN MICHIGAN DO WE HAVE RIGHTS TO ANNUL THE MARRIAGE AND IF SO IS THERE A DEADLINE.

    I JUST GOT MARRIED DECEMBER 27TH. MY NEW HUSBAND HAS DECIDED TO CALL IT QUITS ALREADY. WE LIVE IN MICHIGAN.

    Neil’s Answer

    Annulment actions are available in Michigan, but there must be a basis to allow an annulment action to go forward. If you cohabited as husband and wife and consummated the marriage, there's little likelihood in the marriage being annulled. Consult an experienced family law attorney in your area who will be able to do a more in depth interview to figure out whether there may be grounds for an annulment, such as fraud in the inducement.

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  • What can be done if anything about a lawyer that neglects to notify you of information regarding motion after he was paid for

    Go to court and referee denies the motion. She states there is a 21 day objection rule from date motion signed. You wait and wait ... contact lawyer because that's where they send the paperwork to... you call and call with no response from law...

    Neil’s Answer

    First I'd suggest you look for a new legal representative. There really should be no excuse for not responding to you inquiries, assuming they were as timely and frequent as you indicate. If you're not satisfied with the attorney's response, and assuming the delay negatively impacted your case, you could file a complaint with the Attorney Grievance Commission located in Detroit. If you call they'll send you forms to fill out and return. If it is believed there is a palpable failure on the attorney's part, then an investigation into the matter may brought.

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  • Can I claim her the dependent, or if mom does, can I claim as qualifying child for daycare/deduction purposes?

    Single dad w/ joint physical and legal custody - and paying child support and daycare for minor child - nothing in the order - pertaining to filing of taxes & claiming the child..

    Neil’s Answer

    If silent in a Judgment, IRS Code prevails. The Code provides that the parent with whom the child/children spends/spend more than 50% of the overnights is the proper party to utilize the child/children for tax exemption purposes. You may want to look at IRS Publication 504 which details how the exemption process works. Go to IRS.gov.

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  • What can I do to stop my ex's mother from harassing my family? Can I get some form of a restraining order?

    My situation is I am being harassed by my ex-husbands mother. She has, for the past 14 years, repeatedly called Children's Protective Services against me. Every call has been proven false, but she still keeps accusing me. The repeated visits cause...

    Neil’s Answer

    How many calls have been made to CPS over what period of time. Today, courts (at least those I've practiced before) consider a Restraining Order to be a PPO (Personal Protection Order). While I'm not indicating a court would grant such an Order, you could attempt to file for a PPO, making sure that you reference the number of times CPS has been called and the results of each such reporting. When filing for a PPO, the court has 24 hours in which to decide whether to issue such an Order without a hearing. Under the circumstances presented, if the court would even entertain a petition of this nature for the reasons you state, I'd venture to say that the issuance of an Order without a hearing would be unlikely. In that case you would schedule a hearing before the court, with notice to the ex's mother, and present your argument.

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  • What are the stipulations for short family vacations? 4 Night Bahamian Disney Cruise

    I have custodial custody of my children, with sharing joint legal with their father. We currently reside in FL and was granted domicile to move to FL from MI. My question is that my husband and I want to take our children on a Disney 4-night Baham...

    Neil’s Answer

    Do you have passports for the children? Generally speaking, when children are leaving the United States with only 1 parent, the consent of the other parent is necessary. I suggest you contact the Department of State to determine whether or not this requirement applies to vacations to the Bahamas. Why he'd want to prevent the children from experiencing a vacation of this nature is beyond me, but some parents are like that.

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  • What are my rights? I do NOT wish to testify at all.

    Husband attacked me while on PPO I had against him. (Which is now dropped) Nothing too serious. Got subpoenad to court under DV case. I understand sprousal privilage does not apply. DO NOT want to testify against him. Don't really wish to get a la...

    Neil’s Answer

    I suggest you contact an experienced attorney who handles domestic violence actions. In some jurisdictions when a victim does not appear for trial, the matter is dismissed without consequence for not appearing pursuant to a subpoena. Just understand that you are only a witness and the subpoena you received is a court order. Failure to abide by a court order can subject you to arrest for contempt of court, for which one could be jailed. An experienced attorney in the Muskegon area would be familiar with the Prosecutor's policies in this area.

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  • What action can NYC court take against me if I am unable to represent myself in a divorce case in USA due to reasons explained?

    My husband filed for a divorce which is pending in the NYC court. However, in the meantime my visa expired and thus I left the country. Now, I am unable to afford my attorney fees in NYC since I am jobless. In addition, a similar case is pending i...

    Neil’s Answer

    Was the divorce proceeding in India filed before the divorce proceeding in NYC? That may ultimately have a bearing on which divorce proceeding controls. Did you hire an attorney in NYC who was representing you in the case, but who you are no longer able to afford? That is important from the standpoint whether or not the NYC court has personal jurisdiction over you. As Mr. Catchick stated, you need to post your question for attorneys in New York, where an action is pending.

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  • I would like to know what my chances are of getting some kind of assistance

    I am being held liable in a child support case and have no proof the child is even mine I have not seen the child in over 5 yrs as they totally live in another state. Can you or someone assist me in finances to get a DNA test done.

    Neil’s Answer

    As Ms. Stuart-Fink stated, the existence of a child support order would indicate that there has been a finding/determination that you are the biological father. Were you married to this woman and a child born after divorcing? Were you ever ordered to undergo genetic testing in the state where she resides, or by any court where either of you have resided? If you were never married to her, and you knew nothing about this child, you should contact an experienced family law attorney where the support order was entered to determine is it is possible to challenge or question the issue of paternity. More information is necessary to properly evaluate your concern.

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  • Do I have to do anything? Being that the marriage I have is void, can I just walk away, will he suffer consequences per military

    I have been married now for over a year, I reside in Michigan to a man in the military currently over seas, only to find out he is still married to someone in San Antonio Texas, for 15 years an counting, and just now filing for a divorce. He is fr...

    Neil’s Answer

    You cannot just walk away. You must file an action to annul the action based on fraud. While you say he is married, he might say he is not married. A court should rule on the issue of whether the marriage is void based on the allegation that he is still married.

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