I was ousted from my apt by my daughter,separated from my husband then served with divorce papers. I
I don't want divorce don't believe he wants one either.It was initiated by my daughter What should I do?
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answered on Jul 21, 2020
You can contest grounds by putting in an answer. your husband and you would appear with your lawyers at a preliminary conference and there without your daughters presence you can confront husband with whether he desires a divorce.
grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?
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answered on Jul 21, 2020
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... View More 
2 qdro’s are needed
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answered on Jul 6, 2020
it depends a simple QDRO is approx $750 a complex 1500 most are simple so long as the majuskas formula is spread on the record.
What happens if my husband and I separate and he purposely Files for divorce at the age of 60 and withdraws his 401k funds in case I later file for divorce?
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answered on May 29, 2020
Nothing substantial. He must account for the funds. Under eligible distribution you are entitled to a share that was acquired during the marriage. Majauskas v majauskas sets the formula. The months of employment over the months of the marriage x 1/2. That’s the marital share if it was all... View More
Improper plates is 1 of the charges
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answered on May 21, 2020
The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... View More
I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... View More
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answered on May 12, 2020
There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia... View More
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answered on Apr 23, 2020
Criminal records are kept by the clerk of the receptive count where a matter is tried . A Acquittal may be filed but sealed as a result of the favorable outcome, A party with proper identification I'm sure could access his or her sealed file.
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answered on Apr 21, 2020
That Is not proper. The mediator should be a neutral. However if its a faultless divorce with a fair agreement it may be acceptable, Even though it may be acceptable it has the appearance of impropriety. The leaves a view that the mediator was actually the wife's advocate. You should take... View More
There was no physical contact to the victim just words being exchanged it was in NY Criminal contempt 2 . Would this effect my employment with the DOE?
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answered on Apr 17, 2020
It all depends on the history and your record. In Erie county. for Misdemeanor contempt you can get an ACD Adjournment in contemplation of dismissal as a best case. that means no trouble for 6 months sometimes 1 year and its dismissed. A garden variety plea is to the violation Disorderly Conduct.... View More
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answered on Apr 8, 2020
It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues... View More
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