Archived
I am considering living with my father as my mother is unfit to parent me and my younger brother. How should I go about this?
Howard's answer
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Answered on August 18, 2018
Your father needs to file a petition to modify custody. An attorney for you and yoir brother will be appointed to represent your interests. Have...
Archived
I’m married 29 years we purchased a house 12 years ago. My name is not on the title. Do I still get half if we divorce?
Howard's answer
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Answered on August 18, 2018
You are likely entitled to half of all marital property regardless of whose name is on title. As for the retirement account, it d err pends on...
How does severance pay affect child my support and maintenance obligation ?
Howard's answer
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Answered on August 17, 2018
Severance pay is treated just like ordinary income while you receive it, so for the 4 months you need to continue to pay. Once your severance...
Archived
How best to obtain a retainer for council when one is in a full time mom and spouse is a lawyer petitioner for divorce and refus
Howard's answer
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Answered on August 17, 2018
You may need to come up with some money temporarily to hire an attorney who can submit a pendent lite motion for counsel fees. There is a...
Archived
Do the courts get involved with parenting “techniques “? My ex & I have different opinions on sleeping arrangements for our son
Howard's answer
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Answered on August 17, 2018
If the court thinks this is harmful to the child then possibly. It depends on the arguments made and the evidence presented. The court is mandated...
Archived
Can you keep your car leases in a chapter 7 bankruptcy? Can the trustee, deny the request to keep them?
Howard's answer
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Answered on August 16, 2018
Leased cars are not assets and the trustee can not sieze them. You can reaffirm the lease or simply continue to pay. Speak to a bankruptcy attorney.
Archived
Can me lifting a order of protection so dad can see kids go against me when we go to trial and wanting full custody ?
Howard's answer
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Answered on August 15, 2018
This is very complex and you should be going over all of this with your attorney. You do not need to vacate an Order of Protection to give...
How do I oppose a notice of lodging in Arizona when I live in new york? The divorce was started in Arizona ?
Howard's answer
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Answered on August 14, 2018
You need to ask an Arizona attorney because this is completely unknown in NY.
Archived
My children's father passed away with no will. In order to begin, we were told that we have to get Letters of Administration
Howard's answer
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Answered on August 14, 2018
You would need to file papers in the Surrogate Court (assuming this is in New York), in the county where your son's father died. If that is...
Archived
Can my soon to be ex husband stop me from spending the night at my boyfriends home with my one year old daughter?
Howard's answer
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Answered on August 13, 2018
Most judges will not allow exposing your child, especially overnight, with your boyfriend while the divorce is pending. After the divorce your...
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