Archived
Waiver of Formal Written Disclosure, Intelligent Waiver of Disclosure, Mutual Waiver Of Further Disclosure. ACCEPTED IN COURT?
David's answer
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Answered on August 14, 2013
See my prior reply to your duplicate post.
Archived
Is the main difference between a postnupl and a prenup besides negotiating leverage, that marriage is 'consideration' in prenup?
David's answer
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Answered on August 14, 2013
See my prior reply to your duplicate post.
Archived
Is there anything a prenuptial agreement can cover that a postnuptial cant?
David's answer
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Answered on August 14, 2013
See my prior reply to your duplicate post.
Archived
Can I file for visitation rights if the child is living in another state and of an age where they can refuse visits?
David's answer
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Answered on August 14, 2013
If there are no prior orders of custody or visitation in New York, then you'll likely need to file a petition for visitation in the state where the...
Archived
My ex-wife has not been making the mortgage payments under our divorce agreement. It is in my name only-what can I do?
David's answer
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Answered on August 14, 2013
You'll need to file an order to show cause to enforce the divorce settlement. Be aware that some settlement agreement have a default notice...
Archived
What is the best way to prevent molesting father from having any visitation? CPS is investigating, recommending Art 10 sex abuse
David's answer
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Answered on August 14, 2013
Is there a prior court order of visitation? If so, you'll need to file an order to show cause to suspend the visits. If not, then there's no need...
Archived
Westchester: Discretionary amount of child support above $136,000 combined income?
David's answer
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Answered on August 14, 2013
What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous...
Archived
Can I file paperwork to overrule a referee's decision
David's answer
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Answered on August 14, 2013
I agree with the other counsel - you need to either retain a lawyer or ask for court-assigned counsel. That said, whether you can file a motion to...
Archived
What are the main differences between filing separately and filing jointly as married?
David's answer
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Answered on August 13, 2013
A pre-nup cannot change tax liability between you & the IRS because the IRS is not a party to the pre-nup.
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Archived
In marriage pay checks are considered marital property? Can a prenuptial say that they just belong to each spouse separately?
David's answer
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Answered on August 13, 2013
Paychecks in themselves are not "property." The money derived from the paychecks, to the degree they're deposited into an account, become an asset...
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