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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

188 total


  • What kind of lawyer is needed for custodial arrangements, or parenting plans for non married couples.

    We are seperating and we have one newborn child, and want to know what my legal options are.

    Nicholas’s Answer

    You would need a family law attorney who handles paternity (if voluntary acknowledgement not present), custody and placement actions.

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  • I just received 12yrs of medical bills from my ex for our son she wants repayment, she refused to use my insurance what to do?

    I had insurance she refused to use it, she also sent a signed letter, which I have a copy, stating she doesn't want me to cover him on my insurance she doesn't want it, now does that letter and the time frames in which she sent the bills , do I ha...

    Nicholas’s Answer

    If your court order requires you to contribute towards the uninsured medical expenses for the child you could be found in contempt of court if you do not pay your ordered contribution. However, whether to impose sanctions for an alleged violation of a court order is discretionary, meaning that if the court hears that over 12 years she never sent you any bills and requests for payment, she told you that you didn't need to provide health insurance, and any other facts which would characterize the request as unreasonable, the court could refuse to impost sanctions against you. Contact an experienced family law attorney in your area to discuss the specific facts of your case and the strengths and weaknesses thereof.

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  • What if there is no visitation schedule I have the kid now can she just come whenever she wants to get him

    She has primary placement joint custody

    Nicholas’s Answer

    I would be surprised if the order says that the parties are awarded joint custody and primary placement to the mother without any designation of your secondary placement. Most of these types of orders would, at a minimum, indicate the secondary placement to be "at reasonable times and upon reasonable notice". Nevertheless, the answer to your question assuming either scenario is yes. Now if you refuse the child going back to the primary parent, you could face police involvement or a motion to enforce placement. If you have been the one primarily caring for the child or you have been exercising routine placement with the child at consistent intervals on an informal basis and you want the placement order to reflect how you have been exercising placement, you need to file a motion to modify the placement order. Contact an experienced family law attorney in your area if this is something you want to pursue.

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  • In the state of Wisconsin, how long do you have to file a quick deed for a home during a divorce?

    Our divorce was final on Sept 9, 2014. When I recently ran my credit report, the home mortgage was still on it. I had to sign a quick deed to the family home as part of the division of property in order to obtain the divorce. Now my credit report ...

    Nicholas’s Answer

    Executing a deed to transfer ownership of real estate does not impact whose names appears on a mortgage. Your ex-spouse would need to refinance the mortgage into his name alone for the mortgage to stop being reported on your credit. Was there any language in the divorce judgment requiring ex to refinance?

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  • Passport application signature refusal unless child support arrears forgiven, is this a family court or criminal court issue?

    My ex is refusing to sign the passport application for our 15 year old daughter unless I forgive his entire child support arrears (over $50,000) and lower his monthly child support obligation. She is supposed to go on a cultural exchange school tr...

    Nicholas’s Answer

    You could file a motion to force the ex to sign the papers, but you could also file a motion requesting the Court to grant you the authority to file the application without needing the ex's consent. The Bureau of Consular Affairs does allow for one-parent consent so long as a family court has granted to that parent permission to file the application. For BCA information, please click on the below link.

    This would be a family court issue, but waiving arrears in not appropriate, or as stated above, not necessary. Consult an experienced family law attorney in your area.

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  • 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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