Skip to main content
No photo

Aaron Ward’s Answers

3 total

  • Can I be held in contempt of court?

    My ex gave me a lump sum as payment for a marital property we both have rights with in which he was supposed to pay monthly. I got into a signed contract with him. However, after having an argument with him, I returned the money. I repossessed the...

    Aaron’s Answer

    The long answer is theoretically yes. The short answer is no it wont happen. If what you did was completely wrong, and the agreement was "so ordered" by a judge in Court and there was no way to fix it to 'make him whole' or there is a highly contentious history before the judge, then the judge might hold you in contempt. But that doesn't sound like this. If all those conditions do not apply then the likely worst case is the judge will order you to make him whole/give him back the property/restore him to his original position. Slight chance of attorneys fees to him and again, only if you were completely wrong. I would need to see all the paperwork and discuss it to give you a 100% answer.

    See question 
  • Does a divorce decree from another country carry any weight in the US if translated at the U.S. Embassy of that country?

    I currently work and live overseas with my 3 children. My husband for the past 11 years has basically abandoned and neglected us. I have been the sole provider for my kids. Recently, we completed the Islamic divorce process in Egypt and I am cu...

    Aaron’s Answer

    Let me skip the 'getting the divorce recognized issue' and answer some of the side issues you raise:
    If he is driving a taxi in NYC, (based on the location you listed) you can subpoena his fare records to show how much he makes. They will give you a printout with every work day, fares, tips and tolls.
    If you do not live in the US and he does not live in the US, US courts probably don't have jurisdiction as to Child Support. You would have to rely on Egyptian law or whatever country he is in for CS.
    If you moved back to NY or even the US in general, it wont matter about getting the divorce recognized. Go to family court ASAP and file for support, then have him served.
    The taxes could be addressed in an action in NY if you were here and asking for your portion of the refund.
    If he forged your name on the taxes possibly because you and the kids were living overseas and he took the deduction to avoid paying income taxes, that would be tax fraud and the IRS would love to hear about it. But then you wont get money from him as he will be in serious trouble.

    See question 
  • Divorce... Confused.

    I just got my esteanged illegal husband served. Removed my name as his sponsor, withdrew his application. He doesnt work, he doesnt know anything. I placed an OOP against him because hes committed many crimes towards me. Federal. He, out of spite ...

    Aaron’s Answer

    I deal with similar situations all the time and you raise several issues. The most important question, and it’s not clear from your answer- if the OOPs end will he move back in with you? Is he still living with you in say the basement of the house? Sounds like it’s your apartment or house and obviously with the OOPs he should be kicked out at the least, or (since you called him estranged) is already living somewhere else, in which case he won't be coming back.
    Family Court will not care about his legal status, and you should not raise it because it will likely piss off the family court judge.
    If he is still in your house/apt., or intent on returning then you should immediately get an attorney. In any case you should get divorced. (I do that too)
    Sounds like your family court case(s) against him is(are) over but its not 100% clear from your question.
    My recommendation is that if he is not living with you or trying to move back in with you, and the judge is not kicking the case out immediately for having a legally defective complaint (which is unlikely since the emergency judge already reviewed his complaint when they granted him the initial temporary OOP) then try and settle the case. Agree to a 6 month or a 12 month OOP without any admission of guilt. You can settle it at the October court date. It’s clear you are angry and this would be unsatisfying to you but consider- it’s cheap (you don't have to hire an attorney), its quick- you don't have to do a trial and/or come back for one or more adjournments, and most importantly- he's already out of your house and should not be having contact with him anyway. With adjournments, it could be 6 months before the case is tried, with his temporary OOP continued the entire time, and then if you lose you would not have a criminal conviction but will have at least another six month OOP against you if not more.
    The court doesn't care about perjury in this context. If it did, then almost every case would have a losing side who needed to be prosecuted for perjury and that just does not happen.
    Feel free to press charges on him, but know that police can be highly resistant to doing anything without witnessing it themselves, real injury/blood or outright theft. You should bring whatever documentation you can to the precinct, and be prepared to push the police as hard as possible for them to do something. If they do arrest him, there will likely be immigration issues for him. In addition to seeing the judge, the will check with USCIS to see if they want to kick him out of the country.
    He may also be doing this to get his green card…
    Feel free to call my office for free consultation, and we can figure out how the divorce might fit into this. Also, we would ask you to bring all the immigration documents you have to check if you are still might be liable as his sponsor and to discuss the immigration issues at length. And again, if he is still living with you or intent on coming back then you definitely should get an attorney.

    See question