Archived
Should the father of my children have the right to pick up my children anytime , he has scheduled days set already.
Howard's answer
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Answered on August 01, 2014
If you have a set schedule then he can not pick up the children anytime he wants, however an attorney needs to review the language to make sure it...
Archived
How do I properlyrespond to a notice of motion pro se?
Howard's answer
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Answered on August 01, 2014
I can not give you legal advice on what to put in the response. You will need to serve it upon the attorney for your ex, and file it, with an...
Archived
What can be done if my boyfriend's ex garnishes wages (65%) for childcare? We tried family court but to no avail. Please help.
Howard's answer
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Answered on August 01, 2014
He's getting garnished that much because he is in arrears. That is the max that can be taken. Solution. Pay the arrears.
Archived
Question about CPS
Howard's answer
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Answered on July 31, 2014
While being convicted of a violent crime is a factor in visitation it is not decisive. If it dud not involve your children his violence is only...
Archived
In divorce, why are college expenses part of the settlement?
Howard's answer
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Answered on July 31, 2014
A settlement means both parties agree to all of the terms. If you do not agree then do not sign. A court may require college expenses as...
Archived
In NYS, can the plaintiff rescind a divorce action after the defendant received, signed and returned an affidavit of defendant?
Howard's answer
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Answered on July 31, 2014
You do not mention whether the Plaintiff signed the Stipulation. If your spouse signed the stipulation, it is at the very least a contract. Since...
Archived
Filing for custody
Howard's answer
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Answered on July 30, 2014
This is confusing. First are you still looking to get custody or are you looking to sue for personal injury? If you are seeking custody you need...
Archived
Question about full custody
Howard's answer
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Answered on July 30, 2014
The primary concern of any custody action is what is in the best interests of the children. There are not enough facts here to determine that. ...
Archived
In NY, If my wife refuses to help pay mortgage is that willful dissipation of assets?
Howard's answer
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Answered on July 29, 2014
A lot of this depends on your respective incomes and the general practice that the two of you have had in the past. It is not wasteful dissipation...
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Archived
I am legally separated will I hurt my divorce case if I move out?
Howard's answer
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Answered on July 20, 2014
This is why taking legal advice from non-lawyers can be dangerous. Generally it will not hurt your "case" to vacate the residence. If you are the...
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