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Douglas Scott Srulowitz

Douglas Srulowitz’s Answers

78 total


  • Divorce compensation?

    Douglas’s Answer

    File for divorce in either in California (where he resides) or New York (where you reside) because it has been more the 6 months that you have been there. I would think New York would be more convenient for you. It is first-come first-served, literally. Jurisdiction is first in time. Whichever jurisdiction you choose, he must be personally served. You can file, at the same time, a request for order which can be for spousal support.

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  • How do I get child support from my ex-husband?

    Douglas’s Answer

    File a motion to modify support, custody, and reimbursement for the expenses. The court will look at the history to make a determination.

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  • I asked my ex for child support assistance because I was recently laid off. Before he would assist, he demanded I get a webcam

    Douglas’s Answer

    File a support motion. If you don't have a case, open the case and file a motion. Support is generally based on time with the children and incomes. If you get government aid, Child Support Services will seek support. You may just want to open a Child Support Services case on your own.

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  • My ex-husband and I share custody of 2 children (50% ea). I got married recently.

    Douglas’s Answer

    Yes. You can file a motion for modification when there is a change in circumstances. You have to file an Income & expense declaration; it asks for information about people living with you and if they pay expenses. The calculation does factor incomes. Run the numbers before you file.

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  • My ex-wife wants to see the kids 50/50

    Douglas’s Answer

    My experience is the courts will look to see what the history has been with or without an order. If mom hasn't seen the kids for years, she's looking at a process that could include supervised visits at first leading to overnights and then longer periods. If this situation is recent, the courts will likely look at each of your work schedules and availability to determine custody time. The courts do what is in "the best interests of the children" not the parents. Disrupting their lives is not usually in their best interest. The courts do not like splitting up the kids. Visits are usually as a group... yes, daughter too. At 16, the daughter will have some input, maybe even the twelve year old. You probably want to talk to an attorney. Having not been in the picture for a year, she is going to have to earn the kids trust and show some reliability. Depending on the relationship an equal custody schedule might not be in the kids' best interests at this time.

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  • My husband & I jointly own 2 homes, would divorce court give him one and me the other? He wants foreclosure on the one I live in

    Douglas’s Answer

    In addition to what has already been stated, I would want to make sure that if either home has a 2nd mortgage taken out after the purchase of the home you will likely be on the hook for that loan even if the house is foreclosed... both of you even if the home is awarded to one of you in the divorce. See an attorney.

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  • Is texting considered harassment?

    Douglas’s Answer

    Yes, texting messages you are describing can amount to harassment. Also, it can be evidence that you should have primary custody because the court favors custody with the parent that fosters a relationship with the other parent. You should consult with an attorney. If he threatens your life are causes fear it may even be criminal acts in which you may want to alert the police.

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  • Is texting considered harasssment?

    Douglas’s Answer

    Yes, texting messages you are describing can amount to harassment. Also, it can be evidence that you should have primary custody because the court favors custody with the parent that fosters a relationship with the other parent. You should consult with an attorney.

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  • Can i claim my son for partial year for income tax

    Douglas’s Answer

    Likely no. Support calculations are usually done with an amount that includes tax credit to the parent with the majority of custody time. The calculation includes an alternate higher amount if the non-custodial parent gets the tax benefit. In the alternative, the parties can agree to an order granting the tax benefit to a party. The tax code does not allow both parents the tax credit.

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  • My question is I broke up with my baby's mother when she was 8 months pregnant. But before that I did not know it was...

    Douglas’s Answer

    If the child lives in Oregon, you need to file a custody action in Oregon to get an order for visitation.

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