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Irwin M. Pollack
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Irwin Pollack’s Answers

80 total


  • During pending divorce my wife moves out with a child- can I file a motion to keep the child at marital apartment?

    We just had a preliminary conference, my wife is about to move out with a child to a basement apartment. She only wants me to see the child one day a week. There is no custody/visitation order. The child has been living at marital apartment that i...

    Irwin’s Answer

    Prior to pre-trial/trial, either party can typically file a motion and request virtually any non-frivolous relief. Sometimes the term "pendente lite" is used instead. In filing your motion, you need to show notice was given to the other side, you need an affidavit explaining why you need the relief you seek, plus exhibits (photos, letters, documents, etc.) to help show the court what you allege. Be careful, in your question you say she "is about to" move out and suggests you would only see the child once a week. You should show what involvement you have had with the child and argue the "established pattern" or status quo should not be disturbed. Good luck.

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  • Does my illegal husband have rights to half of everything when everything is in my name and i pay for just about everything?

    I met my husband and married him but was pregnant by another man, he is a good father but we do not get along at all anymore. He wants me to help him get his papers so he can get a good job and be part of our sons life. I want a divorse but he sa...

    Irwin’s Answer

    Iowa follows the "equitable distribution" statute relating to property division. This means property owned by the parties (the marital estate) is divided equitably -- not necessarily equally -- to the parties when the facts of the marriage are applied to a set of factors. There is a long list of factors (ie. length of the marriage, each party's employability, whether one or the other receives support, etc.) and it moves up or down from 50/50 if an argument is made (successfully) that it was not a true "joint" partnership or contribution during the marriage. His threats of making it messy, etc. is noise...the court does what's truly equitable and does so without threats, noise, emotion, etc. Good luck!

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  • He cheated, he brought new a house and left me here. he no longer gives me 1,000 a month. I work but I struggle. he took the

    the kids so that he can keep the check he gets for them. He is a part owner of a funeral home. I need to know if I can get any monies to help with the bills. He is 67 years old and I am 51. he get social security disability for the kids and fo...

    Irwin’s Answer

    Until an action (divorce) is filed, the court won't typically step in and help. Once an action is filed, you would want "temporary orders" established which will determine what happens in the period of time between once it's filed and the divorce is finalized. Who lives where? Who pays whom support? Where will the children live? What type of parenting plan will there be? Also, certain "rules" (ie. asset restraining orders) address the issue of not moving money around, selling property, etc. as the court recognizes one party may try to get a leg up on the other. There are too many factors not addressed (ie. how many years have you been married) in order to predict what a court would do, but if there was an agreement of "forever" the court will look for one spouse to help support the other one before the state would want to. Good luck.

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  • Options when ex doesn't obey judgment.

    I have a judgment from the court. My ex doesn't obey the judgment and I haven't seen my little girl in 7 months. I filed a change of custody and have a trial date for February. My dad is on his death bed and he won't make it till then. Can I file ...

    Irwin’s Answer

    If he isn't obeying the judgment, filing for a change of custody is one action but you should also file a contempt action seeking court intervention to enforce its judgment. Find out what date the matter will be heard (contempt matters would normally be heard quicker than a change in custody), and -- if needed -- you could also file a motion to an earlier date given the condition of your father. Best of luck.

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  • My ex is not letting me have my visitation with my children in accordance to our divorce. Can I get her for contempt of court?

    We divorced in 2010. There were some criminal issues on her end which led to our children being in my ex wife's aunts custody. After some classes and rehabilitation on both my ex and I had to take, the courts and human services had us agree on a p...

    Irwin’s Answer

    You should file a contempt action with a detailed affidavit that documents each time she went against the court's order. Even though there is time lost between you and your children, the court may be even more concerned that your former spouse intentionally violated its order. When parenting plans are established with the court, the judge would normally incorporate it into an order. If you can, document her disingenuous motives and acts.

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  • How do we divide real property in our divorce?

    Following our marriage, my spouse and I intended to each sell our home, and then buy a home together. We weren't able to find one that we both liked, so instead, I sold my home and moved into their fully paid for home, with the agreement that it w...

    Irwin’s Answer

    Oregon is an equitable distribution state. This means that both of you shall be given a "fair" division of your property. Equitable does not mean equal, but fair given the facts of your marriage as applied to a list of factors. Title doesn't mean as much as many people do when it comes to the family court. Prepare charts that show where the money went. Fight for what you feel is equitably yours.

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  • Is 50% the most that I give up in assets in Divorce in Maryland

    Of my assets is 50% the most that I would have to give up in Divorce in Maryland

    Irwin’s Answer

    Maryland is an equitable distribution state. Property is divided in a fashion that is deemed fair and equitable, but not necessarily equally. There are 10+ factors considered (length of the marriage, financial needs of each party, etc.). Rarely does it go more than 5-10 percent to the left or right of 50 percent mark, but it is case-specific.

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  • As a father, what are my rights in a divorce and custody?

    I feel my rights as a father and civil rights are being violated.

    Irwin’s Answer

    When you file for divorce, all you need to do is claim the two of you are incompatible. From there, you and your spouse should attempt to agree on terms of parenting (custody), financial support (child and/or spousal support) and property division. In New Mexico, the state follows a community property statute which means you split marital property but separate property (what was owned by you prior to marriage or any gifts or inheritances you received during marriage) is not part of the division. As for parenting/custody, the courts in New Mexico apply Statutes 40-4-9 and 40-4-9.1 which, in a nutshell say that the court determines contested custody cases deciding the best interests of the child. The court does not favor one gender over the other.

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  • Is there a form or sample for a "Proposed Judgment", "Stipulation of Uncontested Facts", or how to make a Trial Notebook?

    Without a lawyer it's difficult to prepare for the divorce trial. The judge wants us to make a Trial Notebook & to file "Proposed Judgments" before trial. Then at trial she also wants a "Stipulation of Uncontested Facts" and a "Proposed Findings o...

    Irwin’s Answer

    Your proposed judgment is simply how you would propose the judge rule (or "make findings") in your case. If you agree with the proposed Separation Agreement, find a way to get it into your computer (Word) and bring it on a thumb drive; that way, the Judge can only change what she isn't willing to rule on. The "uncontested facts" are simply numbered 1-20 on what you can stipulate (agree on) are facts (ie. birth dates, date of marriage, number if any children along with names and dates of birth, date of marriage breaking down, etc.). Don't get intimidated of the names of these things; the Judge simply wants what you propose as an Agreement (property division, support if any, parenting plan, etc.) and the facts that she can list in her findings. Don't over-think it; if the format is off, the Judge will find a way to make it work. Going to the desk at the court and asking for help with your format should be easy once you show those at the desk that you've tried to get the substance/information down. Good luck.

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