Q: house, car, and child are involved. currently paying child support no alimony do not want the house or car, just want to get divorced. A: David’s Answer: You don’t need for your spouse to sign the papers – you merely need to serve him/her & then the ball is in their court to respond. If s/he doesn’t, you may proceed…Read More
Q: Neighbor above us running/jumping child & father. Tried friendly approach to no avail. They continually called police falsely alleging noise between 1-2 am for almost 2 months. Our special needs toddler developed night terrors, now doing double counseling. During a visit from my sons school false allegation 2 arrived by way of animal control. Social worker was in my…Read More
Q: My spouse was married in a same sex ceremony in the late 1990s by a preacher in New York City. I found this out in May. We are now separating and I want to know if gay marriages prior to legalization are retroactively recognized. A: David’s Answer: You would’ve needed to apply for & have received a marriage license…Read More
Q: We both have been seeing a mediator attorney to draft a settlement agreement since Feb. In May, she moved about $65,000 via Electronic Fund Transfer, she admitted, to her family. I do not approve of this. She is also paying for future college costs (her college) in advance. She currently controls much more money than I do. Do I…Read More
Q: My spouse and I are in the process of going our separate ways. For my financial security and peace of mind we’ve discussed and agreed on a plan to assume equal responsibility for outstanding debt. Payment details have been specified in a written document for which we intend to sign two respective copies. Does this in effect represent and…Read More
Q: My daughters father never brings his W-2 to court, he brings his pay stubs. The problem is that he makes arrangements with his job to have them pay him half of his pay off the books. He does this when he receives notice from the court for childsupport. So on the court day it appears that he doesnt make…Read More
Q: My former suppose and I agreed in settlement that we will both purchase and keep life insurance policies on which our kids will be beneficiaries, and my ex will be an owner of my policy and I will be an owner of his policy. My ex policy is a group policy owned by the company so they can’t add…Read More
Q: So I finished my probation a couple months ago.. And recently I was on a cruise our first stop was Florida. The police come onto the ship arrested me for a warrant for probation when I finished it.. The probation officer called them to say there should have been no warrant but wasn’t good enough.. The probation officer had…Read More
Q: I married in Honduras and my wife has remained there since. We had a child a year before we married. Our child was born in Honduras. I was born in Honduras but became a naturalized citizen in my teens. A: David’s Answer: You can file in NY (assuming you meet the residency requirement). However, you may have issues establishing…Read More
Q: through a divorce and I have proof that they’ve been covered since the day they’ve been born. I had to defend myself in Supreme Court, and obtained a letter from my carrier as proof. We just entered into a stip in Supreme Court and should be divorced in less than a year. I am terrified of this particular magistrate…Read More
