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Joseph S Hubicki
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Joseph Hubicki’s Answers

676 total


  • Need to remove ex-wife name from 1st and 2nd mortgages

    During the divorce and final judgment in Oct 2011, my ex wife quit claimed the house to me. The judge did not order to have her name removed from mortgages. She is now asking me to make that happen. I'd rather not refinance at this time. What is n...

    Joseph’s Answer

    in general the court cannot open the judgment and modify the terms of the property division. Generally judgments can be opened only upon a showing of fraud, duress or mutual mistake - which are very hard to prove.

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  • What can I do to stop Grandparent's visitations?

    I do not get along with my fiancée's mother and have not spoke to her in many years. There are certain things that she has done and said things about me that are untrue. I have asked my fiancée numerous times that I do not want our son to be invol...

    Joseph’s Answer

    You do not say, but I assume your fiance is not the child's father? If there is no custody order, then you and the child's father have joint custody and legally have the sole right to decide with whom the child associates. If your fiance is the father, then he has the right to permit access to the child to the grandmother. Except by court order, grandparents have no legal right to visitation or custody with the child.

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  • How to serve by publication?

    We have already been granted permission by a judge in CT. Father has primary custody joint legal. Mother lives in FL. We do not have an address and father needs to take mother back to court. How do we go about running an ad and how long must it ru...

    Joseph’s Answer

    Usually the court states the manner in which publication must be done. Generally, you take out a classified ad in a local newspaper in the county of the last known address of the respondent. You should get clarification from the court as to how long the ad must run. (Usually 3 days.) www.ctfamlaw.com

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  • Can a divorce be vacated when a spouse claims it to be on paper only then changes it?

    Last fall when i relinquished custody of my child to husband# 1, my then-husband #2 said we needed a 'fake' divorce to hide money from my first husband in case if i ,as newly non-custodial parent, was ordered to pay child support because i have no...

    Joseph’s Answer

    You would have to make a motion to vacate the judgment of divorce based on fraud and duress. It is very difficult to do, but not impossible. You should talk with a lawyer and explain all the facts.

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  • If my husband had a wedding ceremony while being married, but did not legalize the marriage, is this bigamy?

    I was separated from my spouse but was still in contact with him. He started a relationship with someone while being married to me and then I found out on the Internet that he married the person in Florida, but there is no certificate to legalize ...

    Joseph’s Answer

    There has to be a marriage certificate issued in order for there to be a valid marriage. If he got legally married to someone else while still married to you, then it would be bigamy - which is a felony in most jurisdictions.

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  • Can I have my daughter's last name changed to mine?

    My daughter want my last name she's 6 years old her bio father took us to court for visitation and has not acted upon the therapeutic visitation he was granted (due to drug use and past abuse towards me and my daughter) is there anyway I can get h...

    Joseph’s Answer

    The court will make you notify the father before it will consider the name change. Another option is to petition for termination of parental rights based on abandonment and the fact that there is no parent/child relationship.

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  • If I'm paying child care directly to my ex but my child stops going to daycare am I able to go to court to change the order?

    Child support case is already settled but I'm not sure If my child is going to continue daycare or not.

    Joseph’s Answer

    Yes, a support order can be modified based on a change in circumstances that occurred after the order was entered. If the child no longer goes to daycare, then you can modify. You should not be paying for childcare if there is no childcare expense. You should make sure there is no daycare before you go through the trouble of modifying the order. You can insist on getting the record of payments directly from the provider.

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  • Can i change my 9 year old Childs last name ?

    The father hasnt seen him since hw was 1 , so they dont know each other he calls My boyfriend dad cuz he raísed him. He dissapeared and abandoned us he didnt want to know anything about him so now theres questions with My son about y he has a diff...

    Joseph’s Answer

    The answer is that you probably will be able to change you son's name, but the court will make you show that you made an effort to find and notify the father. The court may order you to publish some kind of notice to the father. Under the circumstances you describe, you may want to consider a petition for termination of parental rights. Go to Family Court in the Bronx to get the appropriate forms. You may want to hire a lawyer to help you with this. www.nyfamlaw.com

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  • Is my husband entitled to a percentage of my house which was bought premarital and only in my name if we divorce?

    Bought house 2 yrs prior to marriage... Down payment and all closing costs paid by me... Bought 1996... Married 1998... His salary and my salary then disability check has paid mortgage etc....deed...refinance... All in only my name. Live in Suffo...

    Joseph’s Answer

    The law in New York is that property that is owned by one of the partners before the marriage generally is considered the separate property of that spouse. Separate property is not divided when a couple divorces. Instead, each spouse gets to keep his or her own separate property, except to the extent that the other spouse has contributed to its increase in value. The court considers a spouse's contribution of labor, money, or efforts as a spouse, parent, wage earner, or homemaker. If the house has increased in value, then it is likely that your husband has a claim for a percentage of the increase in value.

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  • I have a restraining order against my illegal nephew for threat . we're doe back in court in sep is he legible 4 free attorney?

    My nephew is illegal working off the books. he was questioned about his employment to see if he's legible for free legal assistance. Base on his status is it possible for him to get one? I am hoping not.

    Joseph’s Answer

    In Family Court, the judge usually will appoint a lawyer if the respondent fills out the form and swears he's indigent.

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