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My dad is 75 yrs old, him and his wife been separated 4yrs not legally, he also has 2 kids together, he has full custody
Philip's answer
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Answered on July 31, 2011
I would gladly discuss this matter with your father, as it does not seem that he would owe any child support to the mother if he has "full custody"...
Archived
Must you file for divorce in the county where one or both spouses reside?
Philip's answer
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Answered on July 31, 2011
Generally speaking, the Plaintiff is permitted to select venue. There should be a valid nexus (connection) to the forum selected, such as the...
Archived
I am a home owner, i bought my house in 2005, and got uncontested divorced last year.
Philip's answer
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Answered on July 28, 2011
I would need to review your divorce documents to give you a finite answer. The terms of your divorce documents should provide for the distribution...
Archived
Ex husband owes me money from taxes but refuses to pay. i cant afford a lawyer how do i get him to pay me what he owes?
Philip's answer
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Answered on July 28, 2011
Your remedy is with the Court by way of an application for enforcement and/or contempt. The terms of your divorce agreement are binding upon the...
Archived
Can a parent file for emancipation if the child refuses to have anything to do with him?
Philip's answer
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Answered on July 28, 2011
You can file for a constructive emancipation based upon the facts that you have presented. However, it is unclear whether such a petition would...
Archived
Can i obtain custody back of my son?
Philip's answer
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Answered on July 28, 2011
It is unclear whether you gave actual legal (physical) custody to the father, or his sister. If so, you would be seeking a modification of the...
Archived
My fiance went to family court today. She asked the judge for a court appointed lawyer. Is the judge allowed to ask her question
Philip's answer
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Answered on July 28, 2011
The Judge can ask whatever questions he or she wants, so long as they are appropriate and relevant to the action, as it is their courtroom and they...
Archived
Can an initial paternity test that is dismissed at the first court date be reopened by the petitioner at anytime in the future?
Philip's answer
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Answered on July 25, 2011
The petitioner can most likely reopen the case, so long as it was dismissed "without prejudice." You should review the contents of the court...
Archived
Will I be responsible for my new fiances back child support payments??
Philip's answer
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Answered on July 25, 2011
Strictly speaking, NO, you are not liable for your fiance's back support payments (arrears). Your wages will not be garnished. However, if you...
Archived
In NY i have a joint custody order and have since remarried. My husband has a very good job opportunity in md. Can we move?
Philip's answer
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Answered on July 25, 2011
Based upon my own experience, having litigated many cases such as yours, the best advice is to obtain the Court's permission prior to relocating,...
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