Archived
My father is mentally ill and suffering dementia. He has been squandering my family inheritance on himself. How do I stop him?
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Answered on October 30, 2015
Your father can do whatever he wants with his money. It is HIS. You have no legal right to a "family inheritance". The fact that you were not...
Archived
Our daughter will be born in Dec, how early can I submit the request for the court to establish custody ?
Scott's answer
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Answered on October 29, 2015
You cannot file before the child is actually born, because, unfortunately, not every pregnancy results in the birth of a living, breathing child....
Archived
Should I go back to court to change the summer custody agreement?
Scott's answer
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Answered on October 29, 2015
If you feel it is in your children's best interests, then you should go back to Court. Since he did not take off summers as he said he would (it...
Proving Marital Lifestyle
Scott's answer
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Answered on October 29, 2015
Marital lifestyle is most often proved through the Case Information Statement (CIS) filed by each party, although the numbers on each party's CIS...
Archived
Is it considered a "change of circumstance" to reduce alimony payments if my three kids will all be emancipated?
Scott's answer
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Answered on October 28, 2015
The answer is "maybe". If her salary has doubled, she does not need as much alimony from you to meet her needs (as per the marital lifestyle)....
Archived
Question regarding "pendente lite support" in divorce
Scott's answer
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Answered on October 28, 2015
Child support is not something to be negotiated. There are Child Support Guidelines that the Court uses to calculate the amount of child support...
I would like to file a motion in family court to enforce parenting time. How do I file this as an emergency?
Scott's answer
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Answered on October 28, 2015
I would not expect the Court to hear any such application by you on an emergency basis. As stated by my colleagues, an emergency application is...
Archived
In appealing a divorce case, what do the brief and appendix consist of?
Scott's answer
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Answered on October 28, 2015
Appeals are extremely complex. I cannot imagine how you will be able to do this without an attorney.
Archived
Unmarried and neither one of us has legal custody?
Scott's answer
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Answered on October 27, 2015
Was this merely a verbal agreement? If the two of you don't really agree, and that seems to be the case, you are going to have to go to Court and...
Archived
My daughters are 15 and 16 they are constantly saying they want to come home with me , can I go back to court to change custody
Scott's answer
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Answered on October 27, 2015
You can go to court, but there is no way to even guess about your chances of success since you present no facts here that would support a change in...
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