Medford, NY asked in Divorce, Child Custody and Child Support for New York

Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

He forged my signature on our tax return and kep the money. I have proof and can have himarrested for forgery but would rather not do that if i can leave the state. Can i make a deal like this?

1 Lawyer Answer

A: In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a separate account of his you are not entitled to now claim that you want half of the refund. In my opinion, the DA would not pursue a case against him for forgery.

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