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During a divorce case and division of assets , is it just the assets that exist at the time of divorce that divided?
David's answer
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Answered on August 12, 2013
A Court can consider the issue of marital waste in dividing what assets left, or possibly issue a distributive award to the non-wasteful spouse. ...
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Will the court continue to try and serve non custodial parent support order?
David's answer
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Answered on August 12, 2013
No. the issue is that the Court is not ultimately responsible for service - you are. Thus, the court will only mail out a copy of the summons &...
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If my wife is Chinese and she goes back to China, can she divorce me there? Would i be governed by Chinese laws?
David's answer
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Answered on August 12, 2013
This depends on whether China - or the European country - would be able to establish jurisdiction over you. If she's still here & you're...
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I don't want to give up custody. My daughter wants to go to school in another state with her sister and live there for a year?
David's answer
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Answered on August 12, 2013
To answer your question with more precision, I'd need to know whether there is a prior order of custody. If there is, then you're well advised to...
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My kids mother is taking to me to court for child support for a second time will I get more deducted
David's answer
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Answered on August 12, 2013
Because you income has increased, and more than 3 years has passed since the order was last adjusted, then yes, the support is likely to increase. ...
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I had a divorce 4 years ago & used her lawyer. at the time she was not working. i agreed to pay her 400 a month. now she working
David's answer
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Answered on August 12, 2013
Was it done pursuant to a settlement agreement? If yes, what did the agreement say about modification or termination? If the agreement doesn't...
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Can someone assist me in calculating child suppt arrears? Based on a worst case scenario of a 65% maximum garnishmnt. Thank you.
David's answer
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Answered on August 12, 2013
I cannot render a definitive opinion without a review of the paperwork. You would need to schedule a consultation appointment with a NYC Child...
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I'm serving in the United States Army and at the moment im over seas trying to get custody of my younger sibling.
David's answer
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Answered on August 12, 2013
You would ultimately need to file a custody petition in court. You will need a custody order to enroll your sibling on your insurance, etc. For a...
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My brother is in jail and hes married. He sent his wife uncontested divorce papers and wants to find out if hes legally divorced
David's answer
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Answered on August 12, 2013
No, the divorce does not "process itself." His wife would need to sign an affidavit of defendant, and then he would need to complete all the other...
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IS THERE A LEGAL WAITING PERIOD BETWEEN DRAFTING A PRENUPTIAL AND SIGNING IT?
David's answer
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Answered on August 12, 2013
No, nothing is required. That said, each party should have a thorough opportunity to carefully review the entire agreement before executing it. ...