Archived
Can the judge go back retroactively on child support to the date the divorce was first heard/put on calender.
Gary's answer
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Answered on April 21, 2014
If your summons and complaint (or summons with notice) asked for Child Support, then the court can go back to that date. If you did not, then court...
Archived
Ex husband was supposed to get belongings outa house
Gary's answer
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Answered on April 21, 2014
You could make a motion in the court, but if he is getting all his stuff out in a couple of weeks, he will be gone before the motion is heard. That...
Archived
How do I appeal a judges decision in family supreme court for an order of protection when all the evidence proves my innocence.
Gary's answer
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Answered on April 20, 2014
You need to file a notice of appeal. However, you were unclear about in which court this happened. If it happened in Family Court you have 30 days...
Archived
What happens if respondent dies 1/2 way thru support modification proceeding?
Gary's answer
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Answered on April 20, 2014
The effective date of any order you would have received would have dated back to the date you filed the petition. Similarly if you win, you can...
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Archived
Joint legal custody between both parents of an 11 year old boy
who now wants to live with mom
Gary's answer
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Answered on April 20, 2014
You need to go to the Family Court on Jay Street and file for an order of protection and a change of custody. If a temporary order of protection is...
Archived
Ex just retired from militaru is supposed ro be looking for a job, now he's months behind in CS
Gary's answer
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Answered on April 20, 2014
I don't normally disagree with my colleagues on this board, but when asking military questions, please be aware that even good Matrimonial...
Archived
My mom and dad bought a condo in 1985. After my dad passed away my mom put me on the deed while I was married to my wife.
Gary's answer
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Answered on April 18, 2014
If your mother put you on the deed, and not your wife, then your position is that this was a gift. Personal gifts are separate property. Now, if...
Archived
If both spouses agree to 50/50 Joint Physical Custody in NY does one have to be deemed the Primary Custodial Guardian?
Gary's answer
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Answered on April 18, 2014
Primary Custodian has to do with many aspects and all must be dealt with. If there is 50/50 parenting time, then for residential custody neither...
Archived
My children's father is a alcoholic and a register sex offender would a judge award him any custody rights?
Gary's answer
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Answered on April 18, 2014
Odds are unlikely. If tries for custody, the court will take into account his alcoholism and sex offender status. Once that happens, he will be...
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Archived
Can a business show more than actual profit & pay more than actual tax in order to sell business at a higher price than actual
Gary's answer
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Answered on April 18, 2014
Inflating your "profits" would defraud a potential buyer. The buyer is offering a price based upon the gross revenue and receipts. If you lie about...
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