Skip to main content
Matthew Thomas Majeski
Avvo
Pro

Matthew Majeski’s Answers

2,856 total


  • I am divorced and my ex husband is not paying child support and threatening to sell our home that he agreed to allow me to live

    He agreed to this in divorce documents. There is a side agreement that states I will get $300,000 if house is sold after the girls turn 18. The are 11 & 10. The house is in his name.

    Matthew’s Answer

    Counsel is correct. The language of the decree should control how the property will be disposed, as well as how child support is determined.

    See question 
  • During a divorce can one party take the only vehicle away from the other party?

    The vehicle is in the first party's name. The first party was brought down on child abuse and domestic violence charges on the second party and the children. The second party has there children full time. The vehicle is the only means of transport...

    Matthew’s Answer

    Unfortunately, without a court order, you don't have a legal way to retrieve the vehicle.

    See question 
  • My husband and I got a divorce. I noticed our date of marriage was wrong on the final judgment. How do you fix this?

    Is there an amendment paper?

    Matthew’s Answer

    You may want to consult an attorney to review the whole decree. There may not be a particular reason you'd need to correct the error if it doesn't impact anything.

    See question 
  • My former spouse recently revealed an IRS debt that he did not disclose in the divorce and has asked that I pay half the debt.

    The issue was brought to mediation and it was negotiated I would pay a portion. However, I contacted the IRS and they ruled (after our mediation) that none of the tax/penalty was my responsibility due to innocent spouse. Should I pay the portion...

    Matthew’s Answer

    Check the language of the decree. If it was by mutual agreement, usually there is a provision that says each party fully disclosed to the other or something similar. If he violated this, you may have a claim for fraud. I suggest retaining an attorney to at least review your facts closely and provide an advisory opinion.

    See question 
  • Custody

    My ex and I have joint custody of our teenage son, I am primary. My son wants to try living with his father. I don't see this being permanent but...if my ex were to try and get primary, 1st) would their be a time period before he could file? And ...

    Matthew’s Answer

    There's not a time period, per se, but as you saw in the statute cited by counsel, it could be grounds for a change in custody. Child support would then most likely be calculated based on the guidelines.

    See question 
  • Is there any way that i could get sister rights to my little brother ?

    my little brother was raped from the age of 8-10 years old and when me and my mother took his father to court for emergency ofp of the father because he was in his fathers custoal care and it was not granted then his father took my brother away fo...

    Matthew’s Answer

    I'm not exactly sure what you mean by "sister rights". It would be on your and his mother to bring a case for custody and parenting time issues.

    See question 
  • I have several questions, so i'll start a few threads, but this one is about exes with kids having to talk to each other

    I have several questions. 1st) does my fiancee have to communicate with his ex? They have joint physical and legal custody of their 3 kids and he does not want to talk to her because she harasses him and is very rude to him. He says to communicat...

    Matthew’s Answer

    This should be addressed in the divorce decree. If they are to communicate he is responsible for making sure that can happen on his end, however you are not obligated to be the intermediary. She has a right to know where her children are, just as he does, and any kind of claim that "I don't have my own phone" is not likely to be compelling. He should just get his own phone if that is the case. If communications are strained, he could consider mediation or a similar process to try to iron out those issues.

    See question 
  • What are my options in getting my divorce decree filed when I'm the respondent and the petitioner is dragging their feet?

    My husband filed for divorce and I filed no contest. I've been waiting 6 months and haven't received the decree even though I've share all requested paperwork. He keeps telling me that he's not sure what the hold up is with his lawyer. I want t...

    Matthew’s Answer

    I suggest getting your own counsel and emphasize that you want to move things forward quickly.

    See question 
  • Can I get custody of step daughter son. Not married to her dad anymore

    Step daughter is autistic and severely delayed. Doesn't know how to care for baby n not too interested. I have temporary guardianship of the baby, step daughter signed deligation of power to me. Now she wants him back n child protection says that ...

    Matthew’s Answer

    I suggest continuing to work with Child Protection if they are already involved. If you cannot gain custodial rights through that process, your only other alternative is to attempt 3rd party custody, which can be difficult to win.

    See question 
  • How can I take full custody of my child? My child mother is very lazy and don't want to find a job or go to school or she do

    rely on county support. She don't have a stable home because every apartment she goes into can't afford the rent and I'm fully supportive to my child but since I have a job and a home can the court grant me custody of my child because my child saf...

    Matthew’s Answer

    As counsel stated, an initial custody determination is based on the best interests of the child. The facts you mentioned would be included in an assessment by a Judge.

    See question