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Topics - TPK

#1
Dear Socrateaser / Medical Reimbursment
Sep 12, 2006, 09:49:04 AM
Hi Soc,


I finally received my judgement of divorce after a 10 month wait.

I am NCP. Child resides with my EX in NY, I reside in PA, NY has jurisdiction (NY state)

Judgement states "defendant (me) shall further pay 75% of all statutory add-on expenses, including but not limited to unreimbursed medical expenses and child care expenses within 15 days of presentation of a bill or receipt by plaintiff"

This clearly outlines my 75% obligation which I understand fully.

Child is covered under a NY State health care program. I currently have no insurance on myself (long story) or my child.

About 2 months ago I requested in writing to my EX that she should supply me with health insurance info to determine if coverage would extend to PA if only for emergency situations.

At first she said she'd look into it, but never did. Many gentle reminders about this failed to get any results.


Question


1. If an emergency situation does happen (when I have parenting time), and I get a bill for say $1000.00....is my EX responsible for 25%???

The judgement doesn't directly address this, it only states that I would owe 75% and EX would have to cover the 25% balance.


Thanks

TPK
#2
Dear Socrateaser / Judgement Not Entered
Jul 20, 2006, 09:06:33 AM
Soc,


Divorce settlement in court Oct 2005. Parties stipulate and sign. OC was to submit the order to the court.

OC didn't submit til March 2006. I prodded my attorney to submit one and he finally did.....then OC submitted one as well.

I have tried with no results to find out why this judgment was not entered yet. My attorney just says " I don't know why".

I would like this judgement entered before it has it's 1 year birthday.


1. I was mulling over calling the Judge's law secratary.....good or bad idea??

2. Will they just waive me off because I called and not my attorney??


3. Any other suggestions??


Thanks

TPK
#3
Dear Socrateaser / Summer Vacation Saga
Jun 19, 2006, 06:01:02 AM
Hi Soc,

A little background first.

Divorce settlement in court Oct 2005. Order was to be submitted by OC. OC did not submit one til March 2006. While waiting for OC to submit, my attorney submitted one. Turns out, OC submitted same week as my attorney. Judge has 2 to pick from, still no signed orders as of today.

Summer vacation

I have 3 weeks summer vacation with child as agreed upon in court Oct 2005.

My attorney told me that standard EOW was suspended during summer months. He said that it was normally suspended as I could craft my summer schedule to get child almost every weekend which wouldn't be fair to CP.

I submitted to my Ex in March the 3 weeks I wanted. I stated in a letter that I was told EOW was suspended.

She wrote back altering the weekends a little, and insisted some of the weeks I picked would fall during her weekend times. In her letter she also insisted we do this thru counsel which I thought was unneeded and so did my attorney.

A month ago I resubmitted my summer weeks to fall on my EOW schedule. I tried to hand Ex the letter at a dropoff point for visitation but she wouldn't take it and told me to contact her attorney.

I then mailed that letter to her with a CS payment. I photcopied the letter and CS check together to ensure she couldn't say she didn't get it.

My first summer week will be July 7th-14th. It's approaching quickly.

The agreement in court was that I had to give 30 days notice which I did.

1. What kind of trouble can she cause if I tell her that child will be with me for a week when I pick her up for the 1st summer week?


2. Can she deny the week?


3. Being that no order is signed yet by judge how should I go about taking child for the 1st week?..how to enforce??


4. What should I do if she contacts the police when child isn't returned?


This is all precautionary right now, but I can sense trouble coming.

Thanks

TPK

#4
Soc,

Finally got the divorce decree to be submitted. I think it's too vague and that we'll end up in court yet again.

I was ordered to submit my 3 weeks of Summer vacation to ex-wife by March 06. I submitted it to her well before that.

Before I submitted it, I had asked my attorney if I could schedule my Summer vacation with daughter so that I could try to have her almost every weekend (combined with EOW regular schedule)

My attorney told me that regular visitation (EOW Fri-Mon) is normally suspended during the summer months. He assured me that this is very common and goes without saying.

Knowing that it is suspended, I submitted my weeks.

Few days ago i get a letter from ex-wife changing the weeks. She changed them because she figured X and X days fell during "her" weekend. She also denied me 1 week altogether saying "you can have the last week sometime later in the year"

The divorce decree does not address this at all.

1. Is it standard for EOW visitation to be suspended during summer??


My ex and I still don't speak to each other so nothing will be accomplished by trying to talk to her about it.


2. Is heading back to court the only way to take care of this??

I want to straightened out well before the summer vacation starts.


I did write her a letter informing her that EOW is suspended during summer. I told her that the original weeks I submitted will stand, and that if she did not respond to me that her silence will be understood as agreement to this.


3. Any other suggestions??


Thanks
#5
Hi Soc,


I wrote to you a few months back about my order never being submitted. Divorce was finalized in court on Oct 4th 2005. Judge directed my ex's attorney to write up and submit everything.

It's now approaching April and this still is not done.

I have spoken to my attorney about it and all he does is write her letters reminding her to do it, and he never gets a response.

I told my attorney to submit it and he says "I was hoping I wouldn't have to".

This is beyond absurdity.


1. Is there anything I can do personally ie write the court and complain?


2. For tax purposes....am I legally divorced or not?? I was speaking to my accountant the other day and we couldn't figure it out. My ex and I both signed some paperwork in court and I was figuring that was good enough for me to file taxes "single".


Cheers!

TPK
#6
Soc,

Divorce finalized in court Nov 5, 2005. Wife's attorney had 30 days to submit the order. She didn't submit order in 30 days. She asked and got a 15 day extension. 15 days passed and still didn't submit order. It's now 2 months later and no order has been submitted.

I spoke to my attorney, he sent wife's laywer a letter basically giving her a nudge to submit the order. That was weeks ago. She still hasn't submitted it.


1. Why would an attorney not submit the order??..possible reasons??


2. Is everything that was settled Nov 5, 2005 valid right now??


3. Is there a time limit on entering the order??...and is anything ever voided if order is not submitted in a certain amount of time??


I had a problem over Xmas when wife didn't show up with child for parenting time transfer ( on a Friday). I had to track her down hours later and I got the State Police involved. To make a long story short, I did get daughter the following morning (saturday). Wife insisted I was to get daughter Saturday and not Friday. I knew she was wrong because the agreement in court was that if I would get daughter for Xmas & Xmas eve for 2005, and that if a holiday fell on my time (Fri-Mon) that I'd get daughter in the future anyway.

Not having the unsubmitted order in hand when I went to the Police made it difficult to get them to help. They did help, only because it was Xmas, that's what they said.


Also, wife claimed in court she lived at X residence, when in fact I found out she's living somewhere else now and she never told me.

4. Shouldn't she be required to tell me where she's living??


Thanks


TPK

#7
Dear Socrateaser / Happy Holidays to You Soc
Dec 21, 2005, 06:16:00 AM
Hi Soc.

Just a note to wish you Happy Holidays and to thank you for the time that you devote to this great site.


I think you're working too cheap. I just read that a certain lawyer now charges $1000.00 an hour, supposedly the first to crack that barrier. He's not a family law practioner, mostly corporate, but still $1000.00 an hour is not pocket change.

http://taxprof.typepad.com/taxprof_blog/2005/12/attorney_billin.html


Cheers!


TPK
#8
Dear Socrateaser / What would an attorney think??
Nov 23, 2005, 12:56:07 PM
Hi Soc,

I have to take the ex to Family Court by next April on the vaccination issue.

I'm considering going Pro Se this time, just for this one issue though.

I've used the same NY lawyer for the divorce etc. He's OK in court, but doesn't return calls right away. I said I was gonna toss him when the divorce is over, but now I'm not sure.

I might need him in the future, but I "think" I can handle the vaccination issue myself.

1.  Have you had a client who had you represent them first, then the client went Pro Se only to come back and want you to represent them again?

I guess what I'm really asking is if attorneys get all bent out of shape when a client goes pro se and then comes back for representation?

2. Bad idea to go pro se on this issue?


Just wondering if attorneys have thin-skin and egos that bruise easily?

Happy Turkey Day Soc!

TPK

#9
Dear Socrateaser / Small Claims Court??
Nov 09, 2005, 08:16:29 AM
Greetings from PA Soc, I finally moved.

There was very little marital property involved in my divorce. I gave her what she wanted, and she agreed to give me what I wanted.

Some items I wanted but never got were a computer (new), an expensive desk and a snow blower. I paid for all these items, 2 were bought by my company.

Whenever I asked to go and fetch these items, she always had an excuse. She agreed to give me these items in front of both attorneys and one of the judges that heard the case.

Last week I inform her that I've moved and want to come pick up the items of mine at her house in NY.

She agrees at the time.

Days later, she tells me "no". Says she's keeping the computer for our daughter. Daughter is 18 months old, certainly years from being able to use the computer. Ex-wife doesn't use the computer, she doesn't know how.


I have all bills, invoices, receipts etc for these items.

1. Is small claims court my only option here?

2. Can you suggest something else?

I told her she could keep the computer if she paid me for it ($700), she refused.

These items might seem petty to most, but I really need these items now.

Thanks

TPK
#10
Dear Socrateaser / Trial Tomorrow...Few Questions
Oct 04, 2005, 11:27:16 AM
Soc,

Trial is tomorrow for divorce (finally) It's hard to believe this is actually going to trial for the smallest of issues (visitation & transportation) as everything else has been settled (mostly me relenting). At the pre-trial the judge hinted he didn't want to hear the case which wasn't good news for wife's attorney. He suggested settling the remaining issues but my opponent refused.

Update on vaccination issue. At pre-trial the judge said he was gonna order it and if wife didn't like it she could appeal. Judge told her she'd probaby lose on appeal.

Questions for you:

1. When CS is paid, is a portion of that supposed to go towards medical coverage??


Wife has daughter on some sort of state-run health insurance, and I haven't been asked to pay anything yet. I don't know what the costs are per month for the coverage in NY. This issue hasn't been brought up at all which kinda surprises me.

I can't have daughter on my NJ insurance cuz policy covers NJ "in-network" only. She resides in NY so I dropped her and wife from NJ policy. I dropped them 8 months after they left for NY and paid $500.00 more per month with them on my policy for that 8 months.



Transportation.

I'm doing all the trans right now, and I'm fed up with it (1 hour 45 minutes each way). The trans is not court ordered so to speak. I've laid out a halfway point and gave it to my attorney to show to Judge.

2. Generally, how is the responsiblility of transportation decided if not agreed upon by both parties?...factors?

I told my lawyer being that wife left marital residence (NJ) that she should be doing some if not all the trans. He didn't agree with me.


I hope you can answer my questions so it will help me in court tomorrow.

Thanks!


TPK










#11
Dear Socrateaser / Question on Abandoned Property
Sep 26, 2005, 07:01:00 AM
Soc,

This is business related dilemna.

Back in Jan of this year I sold a guy a machine. He drove to NJ from Michigan and removed all the tooling (tools designed to properly use it ie cut metal etc). He left the machine here, this is considered "partial" removal in my industry.

Guy tells me he'll be back to remove the machine "when it gets a little warmer". It certainly was beyond warm here this summer, and soon will get cold again.

I contacted him via phone more than a month ago stating equipment must be removed by end of Sept as we are relocating to Pa. and I didn't want to have to move it.

Tells me he'll arrange removal.

I never heard from him again. It's now approaching our relocating date.

Guy is handicapped, I'd feel a little lousy reselling this equipment, but business is business and this piece HAS to go.

1. Legally, did I give him proper notice to remove the machine by phone?

2. To avoid being sued should I send a certified letter stating exact date of when equipment must be removed?

I'm trying to cover my a$$ so this guy doesn't go legal on me. He did pay me in cash, transaction was in thousands of dollars ($3K) We normally don't invoice cash paying customers unless they demand one.


Thanks

TPK
#12
Good afternoon Soc.

Questions on laws pertaining to security deposits given to a landlord.

Currently renting a home in NJ, moving to Pa. in a month.

Been renting since early 2001 in at current residence.

Spoke to landlord yesterday about the security deposit I gave him (1-1/2 months $$ security) He is aware I'm leaving and has been aware for awhile, we get along well, he's a lousy landlord though (aren't they all?)

I told him to keep the security to pay for rent this month (sept) and next month (oct). I'm leaving mid month next month.

I asked him how much interest had the money made as he originally told me he was putting security in an interest bearing account.

Tells me he never did that, he said he just kept it at his home.

1. Wasn't there a law passed requiring security deposits to be put in interest bearing accounts??

2. Was the law nationwide??......I know it's a law in NJ.

3. If yes on the above, what year was the law passed?

I just want to be ready in case this gets ugly.

Thanks

TPK






#13
Dear Socrateaser / Expert Testimony
Aug 17, 2005, 02:16:24 PM
Soc,

Re Vaccination issue (again)


Oct 4th is our trial date. You had said previously that having child's Dr testify as expert testimony would be better than Dr going on the stand and just saying "mother has refused vaccines at my office for XX reasons"

1. What if I ask Dr to give expert testimony and he refuses thinking he's gonna lose child as a patient and thus lose money?

Wife will certainly change doctors (again) if this guy is on the stand agreeing with my stance on the vaccines, no doubt about it.

2. Better to just subpoena him?

3. If I slap a subpoena on him he HAS to appear correct?


If the trial is Oct 4th, how soon should I  subpoena him to give him notice to appear?

I ~might~ be able to get a Pediatrician who is a family friend to testify, but I'd rather not get them involved if I don't have to.


What say you sir?


Thank You

TPK
#14
Soc,

I did well today.

It was supposed to just be a meeting in chambers between attorneys. After they were in there for a little bit, they called me and the lovely wife in there too. I was stoked.

Judge discussed the parenting time I wanted ( Fri 12noon to Mon 10am). My opponent countered with Sat 9am to Mon 10am. Judge looked at me and asked if this was OK. I sat silent for a few seconds, then he says "you aint getting everything you're asking for". He said it would only be temporary til trial in Oct. I agreed.

Then the vaccination issue was brought up. Judge questioned wife about her reasons for not doing it. Wife spewed the same banter "autism" "asthma" is caused by vaccines. Judge didn't seem to be buying it. Wife's attorney suggested a Law Guardian get involved. Judge said there was no need for that as the LG would never agree with wife anyway.

So, he didn't order it today, but I strongly feel he will at trial. My plan is to have the court order it be done when child is 2. I know wife won't do it so I'll probably get a contempt on her and maybe a small opening of a change in custody.

I will let wife self destruct and then pounce on it.

  My wife embarassed herself and me today in chambers. She ranted on and on and interupted the Judge many times. She was so out of control and her attorney never tried to stop her. I sat back and said little, and let the Judge get an a$$full of her. I was shocked at her behavior. I was embarassed for her. There clearly is still something wrong with her. I can't believe I actually married this woman. What the F was I thinking. The Judge probably felt like hanging himself after being in her presence.

Being in front of 2 male Judges and 2 female Judges I now prefer female Judges. Seems the women are for the men and the men are for the women. I did have a minor victory today, but still kinda dislike this male Judge.

Thanks for your input on some of these issues Soc. As usual, you were dead on and from your help I knew what to expect and how to approach these issues.

TPK

#15
...for a 2nd conference Soc. Last appearance was 2 months ago which was a meeting in chambers. I'm guessing this hearing is much of the same.


More than a month ago, my attorney sent wife's attorney a proposal for settlement. This included parenting time EOW, who gets child on what holidays, summer visitation. We never did get a response, no letter, no phone call....nada....zilch.


1. Will the judge frown upon my opponents unwillingness to settle? I know you can't read a judge's mind, I'd just like to know what your experiences were with stubborn opponents.


My parenting time now is EOW Sat 9am to Sun 6pm which is just not enough.

2. If no settlement can be made regarding parenting time, can this issue go to trial??

Wife still won't vaccinate child.

3. Where can I find any case law on a vaccination related issue? I don't mean lawsuits brought against Pharm. companies either.


4. I'm trying to get my golf handicap back under 10, any suggestions??:-)


Thanks!


TPK

#16
Dear Socrateaser / Lawyer Rant
Jun 12, 2005, 06:20:25 PM
Soc,

My NY attorney is a single practioner and also some sort of town Judge. I'm getting a little weary of his lack of attention..and some lack of detail.

I've retained him since 12/04. In that time he has returned a phone call 1 time that I can remember. I always had to call back. On 5/31/05 I called him to tell him about my wife's brother's end of allowing the Weds & Sunday visits at his house. Attorney said he'd call wife's attorney to see what he could do (revise visitation). I told him that upon speaking to her to call me back with any feedback.

A week and a half goes by and no phone call. This past Weds. I called his office to inquire about this situation and he was in a meeting with a client. His gal told me she'd ask him about it and call me back. I never got a call back but got a bill for that 5/31 phone call to him.

I found out he never submitted an "answer" to my wife's pleadings. I found this odd.

After the preliminary conference I told him that I wanted EOW Fri to Mon. He replyed "don't you want a Friday off?" I told him absolutely not and that my demands were firm.  He just seems to want to "push it thru" and get the divorce done. His comment bothered me.

My NJ lawyer was part of a 3-man firm. He was very diligent and always returned phone calls and copied me on everything. He was worth the money I spent and had a very professional attitude.

I guess I can see a difference between a firm and a single practioner. My NY lawyer may have a full plate, but I don't want excuses.

1. Should I be more demanding with him?....ie "I WANT you to do this etc"

2. If so on #1, where do I draw the line on my demands (it is my money I'm spending).....I don't want to be too much of a pest.

Being a business owner myself, I know how to cater to the customer til he's 100% satisfied.

3. Other than ethics matters, what else should be grounds for firing him?

My divorce is almost complete so I may keep him on board til it's over but will seek other counsel in the future.

4 Lastly , how important is it to be 100% comfortable with your lawyer?


Maybe I'm nit picking, but this divorce is taking too long and it seems like he's sitting on his thumbs up there.


Thanks

TPK


#17
Dear Socrateaser / File a Motion??
May 31, 2005, 06:29:25 AM
Soc,

My visitation has been Weds 3-7pm in NY at wife's brother's house, every Sun 9:30 am to 6pm also at brother's house in NY and EOW in NJ from Sat 9:30am to Sun 6pm. I have been doing ALL the traveling.

Her brother flaked out on me and no longer wants to play host Weds. and Sundays in NY. That leaves me with EOW in NJ now.

Our next court date is not til July 12th. I want my parenting time increased to EOW from Fri. 12 noon to Monday 10am with a halfway point established for transfer.


1. Can my attorney file a motion to increase parenting time NOW, or do I have to wait til the divorce is finalized?


I just want to know if I can get into court and get this done without having to wait til the divorce is over. It appears wife will settle on nothing, and this could go to trial which might not be til next year.

2. If I can file a motion to be heard now, what is it called??

My attorney is hard to get ahold of, so that's why I came here to ask.

Thank you

TPK

#18
Soc,

My preliminary conference for the divorce is tomorrow.

1. What generally happens at this conference??


My lawyer is out today, couldn't get a hold of him for questions (sigh)

Thanks as always.


TPK
#19
Afternoon Soc.

I found out yesterday that wife has moved yet again. Since 8/04 she & daughter (1 y o now) have lived with me in NJ, then at her home in NY, then with sister in NY, and now in mother's house in NY with some time at wife's NY home as well.

You know I'm not challenging for custody. But this constant moving has to be unstable for the child, especially at such a young age.

After speaking face to face with her, I'm still concerned about her mental state. The frequent moving and "irrational" behavior has me thinking I should address this in court.



1. Cause for alarm???.........or am I being petty here??


I predicted months ago wife would have a complete mental breakdown in the future, especially after she left her sister's house which would leave her all alone by herself, with nobody to help with the child.

I have a large network of support here in NJ, it's too bad I don't have custody of my daughter, she'd be better cared for down here and wouldn't be so isolated from everyone else where she is in NY.

Thanks for listening, that's all today for my Monday rant.


TPK

#20
Dear Socrateaser / Conservator Questions
Apr 13, 2005, 07:23:14 AM
Soc,

I am writing on behalf of my spouses brothers, this is their issue and need help. We have been kicking this around for quite some time now.

Their father died 1/04. Mother is still alive but deemed incompetent by the court. Court appointed their other sister guardian and my wife co-guardian. Neither have power of attorney.

Seems as though quite a bit of money is missing after father died. Brothers guesstimate there should've been $200K+ shown, only $20K was shown by sisters to the court.

Father's will left everything to the mother.

I have a bank statement in father's name with my wife as beneficiary. This statement shows interest on 2 CDs and a savings account. There's about $50K between the accounts. Accounts were closed after father's death.

1. Should my wife have gotten the money, or should it have been given back to the mother?

2. Technically, wife could've been the only one to close the accounts?

The brothers now want to petition the court to have the court appoint a neutral party guardian. The sister has co-mingled the mother's money with her own.

3. Is it a law in every state that you have to file with the probate court the assets of a deceased person, a will if any, and who will get the deceased's assets?

Brothers insist sisters did not file with probate court (my lawyer is checking on that for me). My father's mother died 2 years ago (in Pa.) and he told me he HAD to file with the probate court by law.

4. What do the brothers have to do legally to get the sister's to show the father's assets upon death?

5. Would they have to file an OSC to have the court appoint a guardian?

Where do they start??

Thanks as always.

TPK



#21
Dear Socrateaser / Trial Prep
Apr 08, 2005, 11:48:06 AM
Soc,

My divorce trial is starting 5/12.

Attended a meeting today with my lawyer, spouse and her lawyer. Presented the tax returns both personal and corp. Right away wife's attorney isn't buying it. Wife's attorney insists on still using 2003 income for CS because it's higher. My lawyer says no, it will be 2004 income.

My attorney argued that if the 2004 income was higher than 2003, opposing attorney would be asking to calculate based on 2004. I thought that was a good point, and opposing counsel did not respond.

The car issue was brought up. Opposing counsel wants a "contribution" from me on wife's car insurance. I said no. My lawyer later told me in private that if they don't comply by policy end 5/7/05 to just go get the plates with the police.

Parenting time was then brought up. I want EOW Fri. 5pm to Mon. 10am. Wife refused but strangely her lawyer didn't defend wife's refusal, she remained silent.

1. Am I asking too much on the Fri. 5pm to Mon 10am?....I have been researching this and this seems more common than not.

Wife suggested just Fri to Sun. I said no.

Opposing counsel suggested a law guardian might have to get involved.

2. It's a waste of time (and $$) to get a law guardian involved over a visitation disagreement no??.....we're talking about less than  15 hour difference between a Sun return and a Mon. return.


Wife looked spooky today, and clearly out of it. I really believe she needs a physch eval.

3. Would an eval of her be necessary even though there's no custody dispute?....any benefits??

I just want to make sure she's fit to care for our daughter.

Thanks as always.

TPK



#22
Dear Socrateaser / Child Support (Mod)
Apr 06, 2005, 08:22:26 AM
Soc,

Weeks back I posted that my income was going to change from 2003 to 2004. I own a subchapter S Corp, thus the company profits filter thru me so the co. doesn't get taxed and it's a lesser % personal rather than corporate.

The co. took a loss in 2004, we have just gotten the numbers back from the accountant for me and the business. This loss means my income has been greatly decreased. The CS I'm paying (not ordered from bench) was based on income for 2003. CS will now be cut in 1/2 going by NY's 17% of the gross income CS laws.


I know wife will dispute this, but it's all there on paper and we did not cook the books either.


1. Can the NY court base CS on a 3 year income average?

Wife's attorney awhile back suggested a forensic financial evaluation might happen. I say let them do it, I'm not hiding anything.

2. Would I have to pay for the forensic eval??..or part of it??

3. Will I have to show co. tax returns for 2004??...or should I voluntarily do it?

4. Being that CS is not court ordered yet, should I expect trouble now that I'm cutting it in 1/2 based on 2004 income??

Cheers

TPK
#23
Dear Socrateaser / Child Support Questions
Mar 14, 2005, 06:19:52 AM
Hi Soc.


Currently I am paying X amount of dollars to spouse for CS. This amount was determined by her & my attorney. It is not court ordered yet. The judge did ask me how much I make and I gave her a number as to what I made last year (2003).

After court the attorneys hammered it out.

Being that I own an "S Corp" the profits of my company are tacked onto my earnings and I pay taxes on it. Apparently it's cheaper for me to pay the taxes rather than the company (accountant advice).

After going over the numbers for the 2004 tax year I see sales were about $50K less than the year before.

It seems that my salary would change almost every year based on this, unless the profit stayed the same each year.

I'll know for sure what my salary was in a month once the accountant tackles the books.

1. If there is a change in my salary can I recalculate my CS??

2. Can I get away with reducing CS if it's not court ordered yet or will I have to do so in court??

3. Correct me if I am wrong about this not being court ordered yet and if what I told the Judge I made ($$) would be "minute orders"

4. If no court order than I can't be held in contempt if I change the CS?

We have not been back to court since mid Jan 2005 and the motion to transfer to Ulster County has been filed to be heard today. It has been difficult to get in touch with my NY attorney to ask questions.

Thanks

TPK


#24
Dear Socrateaser / Restraint of Trade?
Feb 18, 2005, 05:00:33 PM
Soc,

About 2 years ago I had it out with a local auctioneer here. While at one his auctions he falsely accused me of collusion. Me and another dealer had purchased a lot of equipment that day together (partnered deals). Dealer and I had agreed to buy together weeks earlier as we knew what would be at the auction. So there was no collusion at all. Auctioneer was bitter cuz we bought everything so cheap. Reason for the cheap prices was cuz the crowd was small.

Days later auctioneer calls me and tells me not to come to his auctions anymore, I'm not allowed there and he'll call the cops if I come. Fine with me cuz I hate this guy anyway.

Got me thinking though wether this guy could even bar me from a "public auction" that was advertized as "public". This guy has done this same "barring" to many of my friends in my industry.

1. Would it be considered restraint of trade if he barred me?

2. If not #1, then what would you call it?

3. Can he not allow certain people at the public auctions?

He does a public auction at a location where a shop is (NY-NJ-CT-PA etc). He doesn't do auctions in his own bldg.

Just wondering in case I do HAVE to go to one of his auctions if I have a customer for something there.

TPK

#25
Dear Socrateaser / Question on Property Equity
Feb 12, 2005, 11:15:55 AM
Soc,

I have been speaking with a friend who has been divorced 3 times. I am picking his brain about a divorce (who better to ask!)

My wife owns her house free & clear. I still rent. My friend suggested that I could be entitled to Equity of her house during the time we were married. I have done a lot of work on the property including installing a new front porch, stripping and restaining the house, interior additions, yard maintenance, land clearing etc.

She had always told me it was my house too. I expect that has changed.

Marriage was only 13 months but NY property values in Ulster County certainly have gone up. I used to ride shotgun with her when she was a real estate agent so I have a hint that her property value has gone up.

I really only intend to bring this up if she wants alimony, otherwise I'll let it go.


1. Am I wasting my time bringing the property equity issue up?

2. Would duration of marriage matter at all in determining wether I'm entitled to it?

3. Should I get an appraiser to do an eval on the property?


I noticed in her financial disclosure that she really de-valued her property in excess of maybe $60-70K.

Apparently, if I was entitled to the equity it would only be 1/2. Even if I can come away with $5K I'll take it.

_____________________________________

BTW, I did settle up with bro-in-law including having him buy me out of partnered deals, spiltting up of any other items and rec'vd his check today for the buy-out. Thanks for your input with this situation Soc.

Thanks!

TPK

#26
Dear Socrateaser / Separation Agreement
Feb 03, 2005, 07:08:59 AM
Soc,

Still trying to explain to wife this separation agreement.  I have addressed these topics in a rough draft of what should be in the SA.

Visitation-slight change to Fri-Sun every other weekend.
Custody- I'm giving her custodial but must be joint-legal
Marital property- Nothing to whack up
Child support- keeping the status quo

I intentionally left out alimony cuz I don't believe she's entitled to it based on duration (13 months) and needs. She has no mortage, no car payment and doesn't even live at her home. Her bank accounts dwarf mine as you know.

1. Have I left anything out that you think I should address?

2. Should I include in visitations any holidays I want?

3. If I leave anything out of agreement and at the end of 1 year when someone files for divorce am I SOL if I want to add anything?

Any other insights are welcomed.

Cheers

TPK
#27
Dear Socrateaser / Some Divorce Questions
Jan 17, 2005, 01:25:09 PM
Soc,

Divorce will be in NY. According to what I've read the The no-fault grounds for divorce in New York are

-living separate and apart for one year under the provision of a written signed and notarized separation agreement;

-living separate and apart under the terms of a judicial separation decree(Legal Separation).


The following are some of the fault based grounds:

-imprisonment for three years or more

-abandonment for one year

-cruel and inhuman treatment

-adultery

None of these apply by NY law to my divorce as of yet.

Wife used cruel and inhuman treatment as her grounds for a divorce. She used that phony OOP again and tried to say I assaulted her. Police report says different and shows no injuries, no arrest no RO...nothing.

Her cruel & inhuman treatment examples were laughable, baseless and unproveable I believe.

Questions

1. How difficult is it to prove cruel & inhuman treatment?...and how do the courts define what is considered cruel and inhuman?


2.  Can a divorce be thrown out based on the fact that there's no legal grounds for a divorce yet?


Cheers

TPK

#28
Good afternoon Soc.

I had a hearing in Orange County NY this morning. This hearing was a formality to get the venue transferred back to Ulster County. Being that I wasn't served for the last OC hearing, we had to go back today and appear to have venue transferred. In short, the last hearing never happened so to speak because of no service.

I submitted myself to NY jurisdiction today. No more NJ/NY questions, I just want to get the ball rolling already.

I did get a slight increase in visitation. We asked for Fri 5pm to Sun 5pm. Of course my opponent objected saying child was too young for overnites. Judge didn't care.

Judge gave me what Ulster County OOP hearing Judge was going to give me. I got Sat 9am to Sun 6pm every other weekend. I still have every Tues & Thurs in NY 4pm to 8pm at her brother's house.

Bad news is I got nailed for CS today. Much more than I thought I'd have to cough up but nothing I can do about it. I have no problem supporting my child but I just feel it's partially spousal support as well.

I will be going with wife next Tuesday to the doctor for a child well check. I'm very pleased with this. I can bring up the vaccinations at this Dr. visit.

Looks like the divorce war will start next month...gee I can't wait.


Just a few questions..

I intend to take some sort of parenting class to put myself in a better position to get custody.

1. If I took a class and wife did not, would this be beneficial to my case?

2. Does financial stability matter in a custody case?

3. Generally, would a court opt to not give custody to a parent outside that states jurisdiction? I'm in NJ, case will be heard in NY.

4. Do you have any past cases that you were involved in where you represented a client (in a custody case) that lived in another state.? If so what was the outcome(s) ??
_________________________________

Re deadbeat bro-in-law. I did send him that letter again, this time it was much more detailed. It seemed to have softened him up a bit as he told me today he's ready to settle on the partnership.

Thank you, and have a nice weekend Soc.

TPK
#29
Dear Socrateaser / Small Claims Court
Jan 05, 2005, 09:16:53 AM
Soc,

This is a business related situation. My brother-in-law (wife's sister's husband) owes me money on joint ventures between our businesses. Amount owed is about $3000.00. The paper trail is there, he just figures now that I'm not with wife that he has no obligation to pay.

His co. is in NY mine is in NJ.

1. Can I pursue this in NJ or does it have to be done in NY?


2. Is it true that in small claims court that if you're going legal on a business that you must have a lawyer?


I have taken him to collection (D&B) on some of it, but still no payment yet.


3. I'd like to know if I file for damages wether this would exceed the limit allowed in small claims court? and what is the dollar limit for small claims court?


4. Can you advise what type of damages I could file suit for if any?



5. In other words, what can I sue him for if I want to go after him for $50K?

I had offered him a proposal to settle on the amount owed, but he laughed it off and said he won't pay because "he didn't have to"


I'd really like to nail this guy, what are my options and how can I WIN?


Thanks

TPK


#30
Dear Socrateaser / Mediation-Divorce-Custody
Jan 03, 2005, 06:43:05 AM
Happy New Year Soc.

I'm considering offering wife mediation for the divorce. As you know, there's nothing to whack-up regarding property, money etc. She'll keep her things, I'll keep mine and forfeit anything I purchased for her NY home as a kind gesture.

Being a little green on mediation, and online researching not really helping, I have some questions.

1. Is mediation a binding contract enforceable by the court?

2. Can we mediate on everything except custody of our child?

3. If we mediate everything but custody, can an evaluation be done to determine custody? (thru mediation)

4. Is a custody evaluation thru mediation a binding contract recognized by the court?

5. Is it possible to mediate everything but custody and then battle it out in court for custody or does it all have to be done by mediation or divorce thru the court?

I can see a war coming regarding custody, so I'm trying to plan the best angle of attack.

I will have some more questions soon about the "best interests of the child" situation and what holds weight and what is considered petty.


Thank You Soc.

TPK