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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

183 total


  • Can a spouse leave a house to the kids if the other spouse is living ?

    Dosent everything go to the surviving spouse ?

    Nicholas’s Answer

    Mr. Karp is correct. If you attempt to alienate your spouse's interest in property, your spouse can recover his or her interest in the property from the recipient.

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  • Daughters want to live with Dad. Mom is drinking a lot and abuses girls.

    Ex moved out of state with daughters. Girls now want to live with Dad. Would I be able to terminate child support? Also, if we split girls, would I be able to terminate CS since we each have a child?

    Nicholas’s Answer

    Child support and where the children live (i.e. placement) are separate issues. If children live primarily with one parent, then that parent can seek child support from the other. In cases of shared or split placement there is the possibility that a parent will still have to pay child support - in those situations the child support will be determined by use of the appropriate support formulae based upon the incomes or earning capacity of the parties. Seek the advice of an experienced family law attorney in your area.

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  • If there is an even an odd rule on vacations, can one parent continue to decline multiple vacations throughout the year?

    Even and odd rule for each year to determine who gets the chosen week of vacation should both parents want the same week. However, the other parent continues to deny my vacation and takes a day or two of vacation days on their regular placement an...

    Nicholas’s Answer

    If the order says that each party is entitled to one week of vacation with a specification of which party's designated week trumps the others dates on an alternating year basis, then that is the order. That is, neither party is entitled to more than one week. If the other parent is violating the order you need to file a motion for enforcement with the Court if you want it to stop. Higher an experienced family law attorney in your area, and if you file a motion for enforcement, request the other party pay your attorneys fees. I hope this helps.

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  • In family law if you serve someone and they don't appear and you have proof of service what will happen to party who missed???

    I'm expecting other party to not show and this is to establish physical placement of my child who have not seen in four years and have been paying child support entire time, my lawyer says we can than ask for relief from judge, but im not quite s...

    Nicholas’s Answer

    It is important to keep in mind that your obligation to support the child remains regardless of whether you have placement (visitation) with the child. Thus, your child support will not be terminated simply because you are not seeing the child. If there is no visitation order in place or you want to modify a placement order, you must file a motion requesting the establishment/modification with the Court. As for service, if this an action for establishment of placement (i.e., the court has never addressed placement in a previous order, you would either have to have the other party personally served or have service done by publication if you cannot locate the party (which would present its own problems with convincing the court to issue an order if you don't know where the child is even located). If the action is for modification, the motion simply needs to be sent to the last known address of the party that the Court has on file. If you can accomplish personal service (having a non-party hand deliver the motion to the other party), go with personal service.

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  • If son gives up parental rights would I as his mother loose my legal rights as a grandparent?

    My son wants to give up his parental rights - which would b a good thing for the child's mother. He has allot of issues n is not a father figure. I'm very close with my grandson n want to make sure I still will have my rights if anything would ha...

    Nicholas’s Answer

    Is there another person who is going to be adopting the child after your son seeks to voluntarily terminate his rights? I have yet to see a Judge who would allow voluntary termination absent someone stepping to assume the parental rights and support obligations. Even if your son is not active in the child's life, as stated in the previous answer, you could petition the court for the establishment of third-party/grandparent placement (i.e., you could be awarded some visitation with the child).

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  • Can I file bankruptcy without a lawyer

    I want to file bankruptcy

    Nicholas’s Answer

    Absolutely, but such action is ill advised. Failure to fill out the petition and schedules correctly, attend the 341 creditors meeting or provide the required information to the trustee could lead to dismissal of your case, and this is just one possible consequence were you to fail to handle the case properly. If you can, hire a lawyer.

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  • Did I serve papers to appear for family court incorrectly?

    I filed a motion to establish placement/custody and I did not wait to get the papers back from the family court commissioner but filled in a spare copy of the motion with the information regarding the court date that was publicized on the states c...

    Nicholas’s Answer

    When initiating an original action in a family case, you must either effectuate personal service of the motion on the other party, or effectuate service by publication. CCAP entries to not constitute sufficient notice to an individual for the purposes of conferring upon the court the personal jurisdiction necessary to enter a judgment or order against that party.

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  • I live in wis but was given custody for my grandson when he was 1 it was done in tn. Is there a way I can get copies of the cour

    The child was taken for medical neglect

    Nicholas’s Answer

    Contact the clerk of courts office for the TN court that issued the order and request a copy. You will most likely have to for the costs of the
    copying before the document(s) are released to you.

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  • Can x-wife file for bankrupcy and not pay her bills she agreed to in divorce decree?

    While married in wisconsin I was in charge of paying the bills each month and all the credit cards were in my name. When we got divorced my ex agreed to pay 1 of the credit card bills that was in my name only as part of the divorce decree. If she ...

    Nicholas’s Answer

    These types of obligations arising out of divorce are not discharged in a Chapter 7 Bankruptcy. However, they are dischargeable in a Chapter 13 Bankruptcy. As soon as you receive notice that your ex-spouse has filed for bankruptcy, consult a bankruptcy attorney in your area about filing a proof of claim.

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  • Im In wi. Can a collector garnish my workers comp check? The dept was bein garnised, but thn my husband got hurt, & now on comp

    This dept is from 2005, also my husband just had surgery for the second time in 5 months,& ahe's on heavy narcotics for the pain can can quite function 100% yet,and, they want him to appear next week in front of the attorney only, that confuses me...

    Nicholas’s Answer

    • Selected as best answer

    Except for child support, worker's compensation pay cannot be garnished in Wisconsin to satisfy a debt. What it sounds like is happening is that there was an order for supplemental examination, which is a post-judgment procedure used by creditors to ask questions of the debtor(s) to ascertain whether there are any unexempt assets that can be liquidated to satisfy the debt, as well as, ask questions about the earnings of the debtor(s) and its source.

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