Archived
I have a debt that is over seven years old and a collection agency is trying to collect it. Can they put a hold on my bank
Howard's answer
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Answered on July 28, 2013
First of all, a debt that has not had any action (you borrowing against it, or even paying toward it) can not be sued after 6 years. If you even...
Archived
Property owned before marriage was used as down payment for realestate during marriage. looking for credit from before marriage
Howard's answer
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Answered on July 26, 2013
You might be entitled to a credit if you can show that the money used to purchase the property was pre-marital. You need to sit with your attorney...
Archived
My wife served me divorce papers in april. I answered them immediately and filed the serving papers w the courts
Howard's answer
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Answered on July 26, 2013
If you filed a response to her summons then your case is underway. If you want to move the case forward you need to file a Request for Preliminary...
In NY what does restored mean in a divorce case?
Howard's answer
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Answered on July 25, 2013
It means restored to the calendar. It may have been taken off for some reason, then some action put it back on.
Archived
My divorce lawyer states I am entitled to the escrow balance of the marital mortgage?
Howard's answer
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Answered on July 22, 2013
It all depends on your Stipulation. If you were buying him out then you need to tender him the agreed upon amount. If you are entitled to any...
Archived
Can my divorce decree be amended? After bankruptcy, unemployment and now summons for child support?
Howard's answer
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Answered on July 21, 2013
You can not reduce your arrears but you can seek to modify your current obligation. you should speak to an attorney.
Howard E. Knispel,...
Can exclusive occupancy of a marital residence be revoked?
Howard's answer
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Answered on July 18, 2013
The court can always modify its own order based on change in circumstances.
Archived
Is there a time frame that you can file a qdro if it was not filed with others. but was verbally said she wanted no part of it.
Howard's answer
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Answered on July 18, 2013
Everything depends on what is in either the Divorce Agreement or Judgment. Her rights to your pension are decided then. The QDRO is simply the...
Archived
I would like to know the maximum amount of child support , alimony,and equitable dist. etc that I would pay in case of divorce
Howard's answer
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Answered on July 18, 2013
Child support is determined by a percentage of the income of the non-custodial parent. In your case 29% of adjusted gross income if your wife has...
Archived
What if any are the legal ramifications are there if we we are going through a divorce and he got his girlfriend pregnant?
Howard's answer
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Answered on July 17, 2013
While his affair may have little technically legal ramifications, it certainly looks bad and many judges in Suffolk may consider it. You really...
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