Archived
What is the chance for a divorcing wife to get equitable distribution from the beneficiary of a revocable Trust?
David Perry's answer
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Answered on August 10, 2012
If the settlor retains control of the trust (including the power to revoke or amend it) , which pretty much must be the case in a "revocable" trust...
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Archived
Out of state divorce decree
David Perry's answer
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Answered on August 10, 2012
If the initial divorce judgment addressed custody, then someone would have to file a motion to vacate it (or vacate the provisions having to do...
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Archived
Can my ex contest a final restraining order from 2004. He says he never got the original court date.
David Perry's answer
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Answered on August 10, 2012
If there's a proof of service in the court's file, he has no argument. If there is no proof of service, the court will probably vacate the FRO,...
Archived
Which state's divorce laws are better for women with children and a potential separate property issue - ny or nj
David Perry's answer
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Answered on August 10, 2012
I agree with the other answers. There are significant differences between the two states (I don't think NY even has no-fault yet). NY will divide...
Archived
How can I compel Employer of Non Custodial Parent to apply correct NJ withholding guidelines to existing support order?
David Perry's answer
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Answered on August 10, 2012
I join the general consensus on this. Would just add: If an employer fails to withhold child support as per the terms of an order, the employer...
Archived
I want to reduce my child support. I lost my job & I've been unemployed for 7 months. I went to court and was denied reduction.
David Perry's answer
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Answered on August 09, 2012
After 7 months, you should have been entitled to a reduction. BUT you have to have filed the motion correctly and show DILIGENT, WELL...
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I have a lawyer that was assigned to me and i feel she is not defending me right.
David Perry's answer
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Answered on August 09, 2012
Can't really say -- your situation is obviously complex.
It sounds like you left NY without notice to dad while there were ongoing custody...
Archived
Will filing an Appeal stay/stop/postpone/protect me if I don't/can't pay- an order to pay a psychologist who saw my children?
David Perry's answer
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Answered on August 09, 2012
No, the filing of an appeal does not automatically stay the order.
Depending on why the order was entered, you might be able to discharge it in...
Archived
I feel the lawyer that was assigned to me is not defending me properly.
David Perry's answer
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Answered on August 09, 2012
Can't really say -- your situation is obviously complex.
It sounds like you left NY without notice to dad while there were ongoing custody...
Registration of out of state divorce decree
David Perry's answer
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Answered on August 09, 2012
You're venturing into a very complex area of the law -- interstate jurisdiction. There's a statute called UIFSA (Uniform Interstate Family Support...
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