Archived
Why my attorney was unwilling to take time to do settlement but waiting for going to trial? What am I supposed to do?
Clifford's answer
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Answered on November 11, 2014
Getting a new attorney is advisable when your attorney cannot make time for or is uninterested in settlement. However, with only days to go before...
Changing judge in middle of divorce
Clifford's answer
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Answered on November 09, 2014
The chances of winning an application for a new judge ("motion for recusal") are next to nil, unless the judge is related to a litigant or has had...
Archived
My 5 year old daughter's older half-sister (10yrs. old), has emotional problems. I worry about her effect on my daughter.
Clifford's answer
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Answered on November 09, 2014
Assuming there is no custody order yet and the arrangement between you and the mother is voluntary, your petition for custody can relate how the...
Archived
Can I file something so my deceased husbands parents can't get visitation of my kids?
Clifford's answer
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Answered on November 02, 2014
You certainly could file a Family Court petition for grandparent visitation, but perhaps it would be better to start by permitting limited time...
Archived
My son is 22 years old and still residing at home. He graduated from college in May.
Clifford's answer
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Answered on November 02, 2014
Even though your home is subject to a pending foreclosure proceeding, you are still the titled owner until the judgment of foreclosure. As the...
Archived
If my small start up biz has not made any money.how much child support would i have to pay? if i been support"n my child ?
Clifford's answer
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Answered on October 26, 2014
If there is no child support order yet, the court would establish your child support based upon reported earnings from the previous tax year. If...
Archived
Does the spouse have to pay what he owe's to the wife's estate
Clifford's answer
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Answered on October 25, 2014
When a spouse dies during a divorce action and prior to the judge signing the judgment of divorce, the action "abates," meaning it is immediately...
Archived
Can my attorney refuse me to rebut spouses lies?
Clifford's answer
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Answered on October 23, 2014
If your attorney does not follow your direction when you want a hearing, get a new attorney. But before you do that, find out his/ her reasons for...
Archived
Can my attorney refuse me to rebut spouses lies?
Clifford's answer
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Answered on October 23, 2014
If your attorney does not follow your direction when you want a hearing, get a new attorney. But before you do that, find out his/ her reasons for...
Archived
Can family court place an Order of Protection against one person modifying the behavior of someone who is a non-party.
Clifford's answer
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Answered on October 22, 2014
If you are not a party to the custody proceeding an order of protection cannot be issued against you. Seek immediate appellate review (CPLR 5704)...