Archived
Can I claim my child as a dependent if he lives with me full-time but divorce papers say spouse claims until I'm employed?
Richard's answer
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Answered on June 27, 2018
The judgment is binding. Absent a modification, you can't claim your child. Support likely is based on the assumption that your spouse would...
Archived
If I choose not to file a motion to compel an answer, can I then bring up at trial Defendant's failure to provide an answer?
Richard's answer
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Answered on May 10, 2018
I strongly recommend that you timely file a motion to compel.
That said, at the Court's discretion you have the right to reference the...
How do I get a temporary restraining order against me denied
Richard's answer
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Answered on April 28, 2018
You need to answer her TRO papers and appear at the hearing. If you have any witnesses, have them attend with you. If you have a conclusive alibi...
Archived
How can I get a no contact order dropped?
Richard's answer
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Answered on April 28, 2018
Contact the Victim's Advocate department with the District Attorney's Office and advise them of your wishes. But be aware -- kids are involved and...
Archived
How should I plead my case against relinquishing legal custody of my children? Can this be temporary
Richard's answer
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Answered on April 28, 2018
Attend every Court hearing. Bring any certificates of completion for any drug or substance treatment facilities you have attended. Advise the...
Spouse earning cash income, how to prove?
Richard's answer
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Answered on April 28, 2018
I agree with Attorney Yomtov. Also consider serving a subpoena on their employer that seeks all payment records.
Archived
Can meet ex get any part of my SS that’s being paid to me now?
Richard's answer
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Answered on April 18, 2018
She was a long-term spouse. As it should not cost you if she collects Social Security, do the right thing and help her submit her claim.
Archived
Dna testing ?
Richard's answer
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Answered on April 18, 2018
The answer hinges on whether 1. the test was ordered by the Court, and 2. whether the father has already submitted to the testing.
If both are...
Archived
Can I recieve ex husband's pension??
Richard's answer
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Answered on April 18, 2018
Contact an attorney immediately to determine 1. what was disclosed in the Declarations of Disclosure during your divorce case; 2. whether any...
Archived
What happens when a judge forgets to mention certain facts in its written ruling?
Richard's answer
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Answered on April 18, 2018
Order the Court transcript, and file a further request for order for "clarification" of the Court's ruling. Include in your papers a "proposed...