Questions answered by Edward Peter Fradkin

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I feel it’s very unfair to me on my judgment of divorce. What are my options at this point?

Edward's answer | Answered on April 06, 2016

It is impossible for any attorney to provide you with direction on this site or otherwise without reviewing the judge's decision and discussing...

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Does she have grounds to get child support at this time and what are the chances she could get it? Thanks, Tom.

Edward's answer | Answered on April 05, 2016

Tom, At any point in time either party has a right to file a motion with the court to seek child support, but she would have to show there is a...

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Does the amount of time away influence the ability to be the PPR? How much is too much, any case precedent?

Edward's answer | Answered on April 03, 2016

Every single case is different. What you present is one factor, but there are many others the court must consider when determining what is in the...

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Does a mother have to have a valid grievance to file a Child Support case, or does having a child validate it in it of itself?

Edward's answer | Answered on March 22, 2016

Either parent has a right to file for custody, parenting time, child support and contribution to certain child related expenses such as...

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What can I do? His arrears is almost $54k. My boys will be headed off to college in a few years

Edward's answer | Answered on March 21, 2016

Does he have any assets to go after such as a house, investment accounts, 401k or IRA? Have you sought to have California issue a warrant for his...

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Shouldn't the fact that her contribution to the marriage be a factor in reducing the alimony and distribution of assets ?

Edward's answer | Answered on March 21, 2016

As you correctly pointed out, there are many factors under the statute that affect alimony and equitable distribution. It would not be appropriate...

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Apply my excess child support payments approx. 10k to money owed towards college..has there been a case like this?

Edward's answer | Answered on March 21, 2016

If you really overpaid and all payments were through Probation then your account should indicate a credit is owed to you. However, I suggest you...

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My wife and I are still working when we retire she has her social security and 401k is she entitled to my social security 401k

Edward's answer | Answered on March 20, 2016

You each get your own social security benefits. However, you each are entitled to a portion of the other's 401k plans that were accumulated during...

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Who claims child on taxes?

Edward's answer | Answered on March 16, 2016

In most cases there is an agreement or court order that specifies who takes the exemption for the child. Usually the exemption is alternated but...

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Can I move out of my jointly owned home without being responsible for mortgage?

Edward's answer | Answered on March 15, 2016

The bank that holds the mortgage will hold you liable regardless if you move out if you are responsible party on that debt. If your husband does...

Edward Peter Fradkin's Answers (868)

I feel it’s very unfair to me on my judgment of divorce. What are my options at this point?

Does she have grounds to get child support at this time and what are the chances she could get it? Thanks, Tom.

Does the amount of time away influence the ability to be the PPR? How much is too much, any case precedent?

Does a mother have to have a valid grievance to file a Child Support case, or does having a child validate it in it of itself?

What can I do? His arrears is almost $54k. My boys will be headed off to college in a few years

Shouldn't the fact that her contribution to the marriage be a factor in reducing the alimony and distribution of assets ?

Apply my excess child support payments approx. 10k to money owed towards college..has there been a case like this?

My wife and I are still working when we retire she has her social security and 401k is she entitled to my social security 401k

Who claims child on taxes?

Can I move out of my jointly owned home without being responsible for mortgage?