Archived
My divorce agreement calls for my former spouse to pay 75% of our daughter's student loans. He is not paying. Can I sue him?
David's answer
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Answered on March 30, 2015
He's in effect trying to claim that she emancipated herself by refusing to visit with him. The problem is that he never went back to court to...
Archived
Is a post nup valid in court?
David's answer
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Answered on March 30, 2015
So long as it was validly drawn, it should be enforceable in a later matrimonial action. For a full review & assessment, schedule a consult with a...
Archived
I received a letter today that my ex objects to support magistrate order
David's answer
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Answered on March 27, 2015
You have the right to file a rebuttal to his Objection. Your rebuttal must be filed & served within 13 days of the date of his Objection (with an...
Archived
Custody/visitation
David's answer
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Answered on March 27, 2015
Assuming you were validly served, you do need to appear to answer the summons. You may then argue to the Judge that there's already a case pending...
How long does it take to get a divorce case on court calendar in NYC and be divorced?
Do we need to show up in court?
David's answer
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Answered on March 27, 2015
It depends on the county - most counties in NYC it takes 4-5 months from submission of the "judgment package" for the judgment of divorce to be...
Archived
Would college daughters have to take ex to court for not paying college expenses as specified in divorce agreement or would I?
David's answer
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Answered on March 26, 2015
You should first speak with a lawyer. It's possible this can be worked out between the lawyers without having to goto court. That said, the order...
Changing your attorney during divorce proceedings, good or bad?
David's answer
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Answered on March 26, 2015
No it's usually not too late - that said you should retain another lawyer asap if that's your intention. Depending on the issues in your case, the...
Archived
I am back in court in NYC with my ex wife around custodial issues where violated the custody agreement, can she get fees?
David's answer
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Answered on March 26, 2015
Generally counsel fees are awarded by the more monied spouse (or ex-spouse in a post-judgment application) to the less monied spouse. They aren't...
Archived
I need to find a probono lawyer to help me with a child support order modification in westchester.
David's answer
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Answered on March 26, 2015
If your case is in Supreme, you can check with the Office of the Self-Represented. If your case is in Family Court, then you can shop around...
How do I transfer my Family Court case to another judge?
David's answer
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Answered on March 26, 2015
Merely because the Judge is deciding things against you doesn't necessarily mean s/he's biased. It could be you're not providing the proper proof,...