If I have a history of depression, can my husband use that against me in our child custody battle even though I have not harmed my son in any way?
If you are receiving the proper medical or psychological care for your illness, your husband cannot use this past issue to undermine your current ability to parent.
How much jail time is 15 grand larcenys for stealing merchandise
Could be a whole lot (if convicted) of time in the penitentiary.
if i have a notorized agreement for the custody of my child and never went to court is it valid?
It's a valid agreement. Is it enforceable? No. Would it be useful evidence if you did go to court? Yes. But the only thing that is enforceable in child custody is a child custody order.
I was in a scooter accident and my passenger put in a claim to her isnurance company for $75,000. Her insurance company paid out the claim even though i paid for her medical bills. Now the insurance company is coming after me to pay the loss. Accident was in FL but i live in NC. What should I do? I tired to get my insurance compnay to represent me but they turned down the claim.
This question belongs in personal injury/insurance defense. I am not a personal injury or insurance defense attorney.
If you were at fault in causing the accident, then you are responsible. Your insurer has a duty to defend and indemnify. What this means is that the insurer only has to provide a defense to you up- to the limits of the policy, whatever those are. If the claim is worth more than the policy limits, the insurer will pay the policy limits and you are on your own. If your insurer has bailed on you, then it may be that your policy limits are exhausted as the claim exceeds those limits.
I am guessing that your passenger was seriously injured if her claim was for $75,000. While the passenger could file the claim on her insurance, if you were at fault, then you are ultimately liable for the damages. If her insurer paid the claim, then her insurer either will require her to sue you and they can seek subrogration from her or she can assign her claim to her insurer and they can go after you directly. Your passenger is entitled to compensation for not only her medical expenses, but also her lost wages and pain and suffering.
I don't know anything about the accident, but you need to get up with a personal injury/insurance defense attorney now.
I recently recieved a dui and blew a 0.08 but the police didnt have probable cause to pull me over . i only had 2 beers and i weight over 225 lbs but they didnt stop me for a traffic violation i feel because of the kind of"flashy" car i drive i was stopped. should i fight this?
You definitely need a lawyer. There are numerous factors involved but with a .08 you either need to go to trial or negotiate a lesser charge.
Mr. Shapiro is right. You DEFINITELY need an attorney. As far as Probable Cause goes, that is the Legal Standard required for the police to ARREST you, not to DETAIN you. The Legal Standard for a Detention is merely a Reasonable Suspicion that you have done something wrong. This is a far less intrusive Legal Standard, and one that is not very hard for the police to establish. You are probably right, there is a very good chance that they pulled you over because you were driving a Flashy Car, but without a Qualified DUI Lawyer to represent you, this is a mute point. If you in fact only had 2 beers, it is PHYSICALLY IMPOSSIBLE for your Blood alcohol level to be a .08. Remember, the law says that it is illegal for you to drive with .08 or greater concentration of Alcohol in your BLOOD, NOT your BREATH. If you are in Southern California, my office can assist you in this matter. If not, we are in contact with Qualified DUI Lawyers all over the state and can recommend a particular lawyer for you. You can reach my office at 619-702-7400. Good luck.
James
James V. Bickford, IV
Attorney at Law
Practice Limited to DUI Defense
Hi, my brother was injured in a car accident. As a result, he had to have hip replacement. The other insure is taking full responsibility for the rear end accident. He has full tort. The procedure went well. However, while doing inpatient therapy, which involved climbing stairs, he fell off the step, as the therapist was not standing near enough to prevent the fall, and seemed disintered in even being there. He now needs additional surgery to repair torn ligaments in the foot/ankle area as a result of the fall. Our attorney is reluctant in suing the therapist/ hospital, and wants to incorporate it into our suit against the other drivers auto insurance. Would it make sense to have two different suits here, or is this the proper way to do it. Thanks
You should listen to your attorney. Any injuries that stem from the original car accident injury are recoverable in the auto case. For example, if you go to the hospital and then develop an infection from unsanitary conditions at the hospital, you are still entitled to collect for those damages from the car accident.'
A medical malpractice case, is extremely expensive due to the need for expert witnesses. Also, juries are much more likely to award damages in a motor vehicle accident case than a medical malpractice case.
On the other hand, your attorney should make sure that there is enough Motor vehicle insurance available to fully compensate your brother. If there is, for example, only $15,000 of coverage available in the MV case, this is certainly not enough to fully compensate your brother. If there is 100 to 200,000 available than that would be different.
The second case against the hospital is a tougher case to prove and more expensive, but depending on the damages resulting from the malpractice, it might be advisable to get a second opinion.
Lawyers today are hesitant to get involved in medical malpractice cases because they are so expensive to handle and usually won't become involved in such a case in the absence of catastrophic, permanent injuries.
The key question your brother must ask his lawyer is "how much coverage, both liability and UIM is available from the motor vehicle case. Anything less than $100,000, I would get a second opinion from a lawyer who specializes in med mal cases. Also, your brother should not settle the MV case thinking he can later sue the hospital. Generally, he can't.
What is the legal age, in Louisiana, for a minor child to choose which parent they live with?
In a custody dispute the Court decides placement of the child by considering numerous things. One of those things is the child's wishes. The Court's decision will be made in the child's best interest not necessarily as the child wishes.
I am going to serve a 90 day sentence on a felony shoplifting charge in Redwood City California. I will be doing this in county jail. I would like to know what the good time is? I have heard I will serve 45, then I have also heard 60. Does anyone have a idea as to how many days I will serve? Thanks
It will depend on the date of the violation as the law has changed. However the new law is 50% time.
Is the city of Kansas City MO liable for newly formed sinkholes in front lawn due to the preparation for google fibre optic lines being installed in neighborhood?
The facts you described, might result in liability. But, many other facts must be considered. You should consult directly with a civil practice attorney, to determine how and if it would be worth bringing such a claim.
Good luck
restrictive covenants
can I be the only one held to a subdivisions restrictive covinants in 30 years and no one that owns the other 151 other propertys are
Re: restrictive covenants
As a general rule the answer is no. A more specific answer is that it is impossible to provide advice without reviewing the covenants and all facts. Contact an attorney about your rights and HOA law.
Can Werner Enterprises (trucking company) which is my job change the way they pay an employee even though their handbook says otherwise? Is this also called discrimination?
Unless a handbook is a contract of employment or you're covered by a collective bargaining agreement the answer is yes, they can do pretty much what they like. It's not discrimination either.
I am getting a divorce. I had inheritance prior to our marriage. I used this as a down payment on a home that we both lived in. After the divorce, do I have a right to recoup this down payment?
Yes.
Part of my legal divorce agreement is that the choice of colleges for my children must be approved by both parents. I find out that college applications were sent out to various colleges without including me in that decision. Now, I am being asked to pay for half of the college application fees. Am I liable to pay for these fees? Would child support cover these fees?
College Application fees are not generally considered part of child support.
You should make it clear to your ex and your child where you will agree your child may attend and where you object. However the objection needs to be reasonable. You cannot say you will only pay for example UMASS Boston or UMASS Dartmouth or a community college. .
I have no idea where your child has applied, but you need to be reasonable in allowing your child to pick a college.
You can file a complaint for contempt if you're not included in the selection of the school. The amount of college costs, including application fees that you're responsible for depends on the language of the agreement. Essentially, if you both can't work it out according to the terms, it's best to go back to court on it.
I got Married to a guy 10 years ago in 2002 and i havent seen him since 2004. I moved out of state. He lives in Mass and I live in Florida. How can i divorce him? Can I get a one signature divorce? We have no property together. we have one child but both of us are signing surrender papers on her and she is being adopted by her cousin. anyway how do i do this and how much does it cost. Also can i get Alimony? What should i doo? Thanks
You can divorce him in Florida and request alimony as a part of the petition.
I was involved in a traffic accident in 2003 without insurance. I am now receiving a letter from state farm stating I owe them 2k and that my license is suspended. Isn't there some time limit for the insurance company to file a claim? It's been 10 years!
They likely sued you before 6 years and have a judgment. Check out the court records to make sure.
I was arrested for disorderly conduct and was wondering what I should do to possibly get it removed from my record. I have court this week but I'm not sure to plead guilty or not guilty. I'm 20 years old and have no prior arrests. I have a steady job and go to college on merit scholarship. I don't have the money for a lawyer so any advice as to what I should expect or what I can do would be greatly appreciated.
Even though you can't afford a lawyer, you still need to try and have a conversation with one. Ask about how to get into a program where you do community service, and they they dismiss the charge and expunge the record. In this area its called PTI, which stands for PreTrial Intervention
charged with trespassing and code 18.2-324 in virginia. do i need a lawyer for court and what is the conviction for this??
The referenced charge is a Class 1 misdemeanor offense which upon conviction
carries a possible penalty of up to 12 months in jail and a fine of up to
$2500, either or both.
Best to have an attorney representing you in this matter, if at all possible.
Hello,
I was convicted of a felony way back in 1988 when I was 19 years old. I served 10 years probation for delivery of a controlled substance. I am now a single parent of 2 children. My question is, what are the gun laws for people that had been previously convicted of a felony over 20 years ago? I am interested in possibly taking CHL classes in order to protect myself and my children. I would appreciate any information you could give me on gun ownership, usage, and if I am able to shoot at gun ranges.
Thank you!
It's not exactly a question of ownership--it's possession, which is a little different (care, custody, control, or management). You should now be able to legally possess a firearm in your own home, but you can't anywhere else--including a gun range.
citation serving minor alcohol
What advice do you have for a bartender that was caught in a sting operation, serving alcohol to a minor? The bartender checked the ID and the information seemed to match the person being served.
Re: citation serving minor alcohol
The state has the burden of proving that you intended to serve a minor. If you checked the ID and it was a reasonable looking ID, it will be difficult to prove. The liquor control board does this on occasion with bars and liquor stores, usually without anyone checking ID. My advice it to plead not guilty. The courts are really busy with other crimes and you should be able to avoid a conviction. (Unless it happens a alot) A fee on this should be around 3K
What pieces of data are needed to prove a wrongful tenant 'Owner Move In' eviction on a rent controlled apartment in San Francisco, CA? My landlord has a long history of violating OMI evictions on other properties.
You need to consult with an attorney who handles tenant's rights in San Francisco. If an owner takes a unit off the market to live in, and it is subject to a rent control ordinance, then the owner must comply with the Ellis Act.
ok me and my ex girlfrriend of 4yrs ago got a few credit cards her being primary me being secondary now we both used the cards me using them a little more then her. now she broke up with me that 4th year being 07 she filed a police report in 09/10 saying she didnt conccent i went a talked to tthe detective told him the truth that she did concent now its been almost 6 months have not heard anything should i worry???
Probably not. Why dont you call the detective and ask whether charges are going to be pressed?
What's with Maryland? It's the worst state for legal consumers. I tried contacted the Maryland State Bar several times regarding my attorney's actions and they never got back to me. Unlike other states, it also has nothing on line to help consumers and no lawyer ethics or standards. Maryland is a horrible state for consumers. Also, the Maryland Bar Referral program is a joke. It took me three weeks to get two referrals. Those lawyers, one of whom was a former president of the Maryland State Bar ethics committee (a joke, considering his unprofessional behavior) had me send them all my personal information and case documents, then never returned my calls or emails. How unprofessional to not even send an email back saying "Not interested." And to not even respond as to what they did with my documents. Not enough money in it for them, clearly, but unprofessional behavior to be sure. Congratulations, Maryland. You're horrible to consumers. I intend to write a nice long article about the unprofessionalism of the Maryland Bar - it's a joke.
This website has nothing to do with the Maryland Bar and is not the appropriate place to air your grievances. I'm sorry you've had a bad experience, but the lawyers who answer legal questions on this site do so for FREE and are under no obligation (legal or moral) to do so.
Best of luck.
My brother met a woman from Japan in the Caribbean. After knowing each other for a of couple days they flew to Florida (his primary residence) and were married. Immediately after the marriage she left. It appears she married to obtain citizenship for her grown son to enroll in college in the states. He has been trying to locate her for almost two years. He heard she was back in Japan. He desires to annul or divorce this marriage. There is no communal property and they never resided together. How does he dissolve this marriage?
contact an immigration divorce lawyer. Why would anyone wait for so long?
An annualment is very difficult in Florida and may not exist pursuant to Chapter 61. If Husband is a legitimate resident of Florida he may request a DOM and serve her by publication. No property may be divided, just a DOM ordered.
My daughter is unable to attending high school, age 16, because her high anxiety. Failing and experience panic attacks, a doctor has recommended she withdraw and get a GED. Can she withdraw from high school in pa at age 16? Mount Lebanon school district. Thanks, Erica
Compulsory school age is until age 17. 24 P.S.13-1327. There are very limited exceptions for 16 year olds' ability to withdraw from attending school. Even with those exceptions, attendance at a trade or vocational school would be required.
However there are alternatives. If a student can demonstrate medical necessity (i.e. a physicians letter or certification) the school district will provide home bound education. Homebound education, is not ideal in that it typically provides no more than five hours of teacher instruction in the home. Another consideration is if your child is covered by an individualized education program (IEP), she may be entitled to a change of placement which is education in the home (this differs from homebound education). In this scenario, more educational services would be provided in the home. An additional consideration is to withdraw from the district and enroll your daughter in a cyber charter school. This involves on-line learning which is delivered in a variety of formats. Finally, there is home schooling.
There are a variety of alternatives to consider for your daughter, which are better than a GED and are compliant with Pennsylvania's Compulsory Education law. You may want to consider consulting with an attorney, knowledgeable about education related issues. This law office is focused on education law issues.
Regards,
Our property has a shared driveway with four other homes. Recently a tenant of one home has been driving an 8-ton tow truck which has done significant damage to the driveway. Do the other homeowners have a right to stop him from driving the tow truck up the driveway to prevent redamaging the road after it has been repaired?
It depends on the wording of the agreement to share the driveway. But almost certainly you can stop him from driving the tow truck there or require him to pay for the damage.
I currently have a child support agreement in the state of texas. Aa of july, I have moved to Illinois. I want to terminate my son's fathers right. I contacted the attorney generals office that I hold the child support agreement with and they told me I needed to contact an attorney. I have a few questions regarding this however. Is there a certain type of attorney I need to contact, where do I contact an attorney(in my IL or back in tx), how do I locate a pro bono attorney(assuming one will help me)?
You can't just terminate your son's father's rights just because you want to. You must have a legal reason for doing so and you must have someone to adopt the child after his father's rights are terminated, i.e., a stepfather, perhaps. The fact that father made not have made all of his child support payments is not a justifiable reason. I doubt very much that any attorney would take on this kind of a case pro bono.
sewer pipe broken
The sewer pipe running from bathroom from apt upstair down inside my bedroom wall is broken. Wall and carpet soaked with dirty water.The bedroom have very bad odor. Contact lanlord but it take long time to fix this major job. can I leagally move out and break one year lease.
Re: sewer pipe broken
I am sorry to hear of your problem. CA Civil Code Section 1941 requires your landlord to maintain your unit fit for the "occupation of human beings." This includes providing a healthy and safe living environment. Standing sewage water in your apartment is not a healthy and sanitary living environment. You should contact the landlord via phone and via a letter sent certified mail, return receipt requested to inform him/her of the problem and request repairs. If the repairs are not made in a "reasonable time" (in this case that may 1-2 days) then you need to write the landlord another letter, certified return receipt, explaining the reason you are moving out immediately. Then move out. Be sure to take pictures and keep a record of each detail relating to the incident. Be sure to return keys and any other property belonging to the landlord when you move out. If you need additional help, please do not hesitate to contact me. A good resource can be found below:
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf
Yours truly,
Bryan Becker
877*201*8728
[email protected]/* */
Member, National Association of Consumer Advocates
www.naca.net
If someone bought a winning power/mega ticket in NYS, can they, in order to protect their privacy move to a state like CT and claim it under a trust? I am not too worried about paying NYS taxes and dues, my privacy is what is most important. Thank you.
The correct answer is Yes and No. Let me explain in more detail. Yes it is possible to keep your privacy but someone will have to be "the fall guy". You can have a Trust or even a corporation created to own the lottery winnings. The Trust or Entity you create will have to have a named person for legal reason such as service of process and legal notices..... this named person does not and should not be you to protect your identity.
I hope that helps and have a good day.
I don't have all the info, but a friend got a speeding ticket and missed his court date sebveral years ago. what is the normal recourse?
Depends on the county and the exact charge..........there very well could be an Order for Arrest (OFA) outstanding for your friend. If there is an OFA your friend should NOT merely go to the courthouse and try to get the case placed back on the active court docket. If your friend does this he/she risks being arrested and having to post bond to secure pretrial release. Instead your friend should contact an attorney to review the ticket and determine the best course of action. And the friend should not even consider just paying the ticket as it has now likely accrued additional fees and paying the ticket means a guilty plea to the original charge which could have an adverse effect on driver's license points and insurance points. Again, the friend should contact an attorney for help.
My daughter and I signed a non parent relative paper for me to care for my 4 yr old granddaughter. I am in a financial situation where I need to move out of state can i do this with my granddaughter .I have not seen or heard from my daughter in months .
You can do whatever the particular terms of your agreement allow. If it's silent on the move, I would first send her certified mail that you intend to move to place X on date Y. Give her lots of notice. Make sure she always knows exactly where her child is. She can rescind the agreement at any time and she can come take her child back at any time. As long as you make sure she has all the information necessary to exercise those rights, you probably won't get in trouble.
HOWEVER: On these internet forums, people never tell the entire story...mostly because they can't. Before you take off, please, please, please pay for a consultation with a good family law attorney in your area so that he or she can ask you the million questions we ask folks and then give you advice carefully tailored to your specific case. You must make certain that you are not violating any existing orders or statutes.
Good luck!!
If a woman is married and is pregnant by another man is the husband responsible for the children or can the children take the fathers last name and he be responsible
no husband can't be held liable for that, children can't use his name.
sushma
legalscurtiny.com
Hello my question is if I had work done to my suv brakes and a front end aliment in july now in october I need 4 new tires due to the aliment was either never done or done incorrectly I have all receipts where I paid in full for the services can i file a claim in small claims for services i never received and for the tires and aliment I now have to get and replace. What are my options and steps that I can do to get reimbursted.
You can file a small claims action but these cases are difficult because you would need to present testimony from a mechanic who has examined your alignment and is able to state in court that the failure to either do the July job properly or at all is the cause of the need for tires. Then there would be the issue of how to value the need for new tires since presumably the tires weren't new in July. Wheels can go out of alignment just by scraping a curb on a turn or by hitting a pothole or other obstruction. If the shop where you had this work done is reputable you might try negotiating with them to see if are willing to do something for you, if only as a good will gesture.
I am the non custodial parent. How do I go about modifying current visitation orders.? Its been ten plus years since the oeder my son is now 15yrs, old and I would like to to modify the current order for supervised visits.
You must file a request for order to modify the current child sharing order. If you currently have supervised visits you would do well to consult with an attorney to get the best possible result or to determine if you can benefit from seeking a modification. If it has been over ten years since the current order, you are almost certain to get an improvement in the child sharing. If you bring a motion the other parent will probably reply with a motion to modify child support. Know where you are stepping out to before you make the step. Consult an attorney.
does a person have to press charges against another to get an order of protection?
No, the police can bring the charges even without the victim's consent. I have seen it happen in domestic violence cases where they do not need an affidavit from the victim.
Peter [email protected]/* */
My wife and I work together for a janitorial Company I am a Manager and she is an assistant manager. we have been pressured to work as floor tech.(stripping and waxing floor and cleaning carpets) in addition to our normal duties. since April. 2010 with no extra pay. We have to work about 15 hours per day and most weekends, Other managers in our company do not have to do this, we were told that they cant afford to hire floor techs. so we have to get it done. what can we do?
Are you paid hourly or salary? If you are doing non managerial duties, you should be getting paid hourly and get overtime for all hour over 8. You might be able to complain to the U.S. Department of Labor or consult with our office www.behrenlaw.com
My boyfriend and I have been living in his dad's girlfriend's house for 10 months. We agreed with her that we would pay the amount of her mortgage payment to rent it from her. We didn't sign anything. They recently broke up and since then she'll say we have a week, and then tell us to leave immediately at random times. We now have a three month old and have been actively looking for places to move but won't be able to get into anything for another week. Is this not legally considered a month to month lease, even without a contract? Isn't she required to give us the full 30 days to get our stuff out?
Based only upon the facts you reported, the answer is "Yes." But, other facts might change that. Their, you should probably consult directly with a civil practice attorney in your area.
Good luck
A friend of mine is dating a married man and he is getting custody of his kids. She lives with him. Would she have to move out while everything is going on or what exactly happens in this kind of case?
Frankly he's doing something very stupid that could affect him getting custody, and he should discuss that with his attorney, not you.
The prior answer is correct as far as he is doing something that may cost him custody.
Some judges are more conservative than others regarding unmarried cohabitation.
If he's not going to marry her before the custody matter is resolved, she should consider moving out as soon as possible. His attorney would be able to inform him of the political/social leaning of the judge who will handle the matter.
Im from Massachusetts. Can a police chief order an employee (police officer) to remain in their home during regular work scheduled hours while they are being investigated internally? Bear in mind there is no policy or procedural guideline governing this order nor is a part of any collective bargaining agreement.
Yes. They can be put on administrative leave during an investigation.
What should you do if you get a summons to appear in court for a creidt card debt but cannot appear in court and can not pay the debt?
If you don't appear in court, you will be subject to a default judgment.
If you have a valid defense to the debt, other than you cannot pay, you should consider asking for a continuance or requesting an appearance by phone.
If there is a default judgment against you, the creditor can place liens on your assets, including bank accounts. In addition, the company can garnish your wages. Depending on the size of the debt, you may consider speaking to bankruptcy attorney. However, that process should begin before the court date.
My mother and her husband have been married for more than 10 years. When they got married he already owned the home we lived in. But he divorced another woman to marry my mom and had to take out a loan on the house to pay her off. My mother helped repay the loan over the 10 years. Does that make the home part hers evenm though her name is not on the deed? We live in florida.
She would claim a lien and certain Homestead rights.
Have your step dad quit-claim the deed to himself and her with rights of survivorship - then there is no doubt that if he dies before she does, the house will go directly to her and the same visa -versa.
Alcohol sold to a minor.
I accidently sold alcohol to a minor at my previous job. Lost my job, got a court date notice, etc. I learned that the charges were dropped against the store I worked for (it was going to be fined $1000 dollars), so I was wondering if that means the charges were dropped against me as well? My court date is upcoming, and I just wondered if this helped me in any way.
Re: Alcohol sold to a minor.
You are the one who comitted the crime/infraction, so whether they are also prosecuting someone else may not help you. Perhaps they realized that you were primarily at fault, rather than the store. It is not the same as a car accident. If you were driving and at fault, YOU, and not the employer, would still get the ticket. Civil liability for damages is not nearly the same thing as criminal violations or infractions.
Re: Alcohol sold to a minor.
It might help you. You could argue that since your boss, who would be liable if you were to drive a company truck and cause a wreck in which you were at fault, is not being prosecuted, neither should you.
My boyfriend is currently incarcerated,hes been in jail since November 2010. We've been together for four years now. The jail facility he is in says that he can only have contact visits with a spouse or family member. It also says if we have a common law marriage I can be approved for contact visits but I will need to provide proof. Does he need to be present in order to fill out the required paperwork at a court?
No. Just fill out the declaration of informal marriage, have him sign it before a notary, and then you can file it at the courthouse by yourself.
Divorce and child support set through Bergen County, NJ Court. Both Parties moved to NY and now monitored through Rockland County, NY. Child now over age 18 and has had nothing to do with her Father in over 2 years and continues to want no contact with him. I believe the Father can file to have child support stopped because of this and would like to know in what Court system NJ or NY and how He should go about this.
Your situation is no so simple. Was there an agreement to provide college educaton to child?
If father wants to emancipate motion needs to be filed in bergen county.
I was working with a work agency. Its been have not gotten payed for certain hours. I call and I never get a solid answer. They have me going in circles to the agency andd I still leave empty handed. They have even told me to stop calling because they would call me but never seem to do so.
Call an employment law attorney to discuss. Many offer free initial phone consultation. Write down the days and hours of work for which you have not been paid and call. You may be owed the unpaid wages plus one day's pay for each day you have to wait - up to 30 days' pay plus your attorneys' fees. Many employment law attorneys may be able to write a demand letter to the company and try to get what is owed to you - at no cost to you.
You can file a complaint with the Labor Commissioner's office local to you. If you want, you can hire an attorney to help and represent you in the hearings. If serious about doing so, feel free to contact me.
I have permanent restrictions due to work comp of 10 years ago. Work recently decided to eliminate the position and tried to force me to work against my restrictions. Now they eliminated my job and was let go. Can they do that?
You could possibly have claims for violations of the ADA and 440.205 which is the workers comp retaliation statute. For more information about these types of claims check out our employee rights blog www.takethisjobnshoveitblog.com or www.behrenlaw.com. You can also call my office to discuss your rights further.
Husband works as a salesman in home improvement as an independent contractor. He is leaving his current position and wants all of his back end payments. The company refuses does he have any recourse?
thanks
Mary
It all depends. Maryland law imposes strict requirements for paying employees their wages while true independent contractors do not receive wages. Instead, payments should be governed by the terms of their contract. (In some cases, an employee may be improperly classified as an "independent contractor") Assuming your question involves a true independent contractor, if the business is refusing to honor the terms of its contract, the contractor might explore filing suit for breach of contract. It may be that the contract does not call for "back end" payments after service terminates.
As with any legal issue, you are encouraged to seek legal advice. While I hope the above general information helps, it does not substitute for independent legal advice.
sent a certified check to purchase auto in another state. recepient signed for and has check uncashed for 4 days, does keeping check constitute a contract? my options? i want the car?
Sounds good to me. Sue him.
I moved to MD 2 years ago. I was ill advised and formed a trust, I am the trustee. The only thing in the trust is my house, which has no mortgage. Every other 'asset' is beneficiariable. I also made a new will, medical power of attorney, etc. While I was divorced at the time I was not ready to change my name. The lawyer quoted me a certain price to do that, but now that I am ready, the lawyer 'does not recall' that number and quotes me a price that is double.
I have been researching and feel that I can make a codicil to the will, powers of attorney. . . . But I am unsure what is appropriate for the trust. Would it be an amendment (which seems like a codicil) or would it be simpler to add the new name? Also, for the deed on the house, would producing the legal name change be sufficient to produce a new deed? Is a new deed necessary?
Thanks for your post. Trusts can be quite helpful in certain circumstances (particularly when one has assets in multiple jurisdictions, when a second marriage is involved, when a beneficiary has special needs or when the owner/settlor wants to control assets in the future or avoid probate). In other circumstances (particularly in a very simple estate of an unmarried person) they may create more administrative hassle / cost than they are worth.
Unfortunately without knowing details it is very difficult to say what would be best in your particular situation. A change of name should not affect substantive rights in the property. A new deed is usually unnecessary for a name change (though you would need to show some documentation at any future closing).
You are welcome to call my firm at 410-216-7000 for a no cost consultation of up to 10 minutes; alternatively you could contact another attorney of your choosing. While not legal advice I hope this general information helps.
Is there a time limit on lenders able to collect a debt
Ohio is the only state that has no statute of limitations on open accounts (e.g., credit or charge accounts). There is, however, a two-year limitations period on the collection of deficiencies following the sale of foreclosed real estate. Also, there is a 15-year limitation on written contracts and promissory notes, as well as a 6-year limitation on oral agreements.
- BensonBankruptcy.com
is a contract legal and binding once you leave a car dealer ship?
In a perfect world, the answer should be yes, but one needs to look at the language of the agreement. For example, if financing is involved, many of the contracts say that the deal is not completed until the financing is approved.
Can a 16 year old teenager purchase a lighter from a retail store such as 7-11?
I am not personally aware of a law that would prohibit a store from selling a lighter to a 16 year-old, but it is possible there may be. Even if there is no law prohibiting it, the store could have its own policy prohibiting the sale. The policy would be legal, and certainly not discrimination.
how can a father sign away his parental right to a child when the mother of the child does not want him around anymore?
If the mother is married and the new husband is willing to adopt, this is an easy process. Otherwise, it is not and the father may still have to pay child support to the state of Texas anyway.
I am currently in the Air Force with 10 1/2 years of service. I'm going through an administrative seperation at the moment with a board date sometime in late Feb. I went to a special court martial for article 108 and article 121, and was sentenced to reduction in rank to E-1, 100 days confinement, and forfeiture of 2/3 pay for 4 months, but did not receive a punitive discharge. My command is now trying to use the charges as the means to my administrative seperation which I feel is not legal since that would be double jeopardy. Any clarification would be appreciated if I am wrong in my understanding.
It is not technically double jeopardy since this is an administrative proceeding and not a criminal action. However, you can use this to your advantage by arguing that the issue has already been considered by the court-martial and they decided you should not be separated. I have found this argument to be very convincing to the Board members as they feel the same way - why are they doing this to you again? I have had a number of retentions at an admin board following a court for this very reason. You and your attorney need to prepare your evidence for teh Board adn demonstrate all the reasons why you should not be separated and why hte court decided to allow you to stay in.
I hope this information helps. If you have further questions, please feel free to contact me directly at [email protected]/* */ or 757-420-9321.
A private healthclub in illinois provides an unlicensed daycare (it's actually not a daycare but an activity center) where members may drop off their children while they workout on-site, with a maximum visit of two hours for the child in the activity center. Question is, if the parent is not on-site, lets say the parent sends the child with a nanny, and the child gets injured, who is responsible for the child? the healthclub, nanny, parent?
As a Franchise Attorney I can only say the following. It depends on how the child gets injured, first of all. Second, you can be assured the healthclub gets sued no matter what, as they represent the deep pocket. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Can my employer (hospital) require me to keep my phone on 24/7 even if i am not on call? i am a non salaried worker.
You posted this in the wrong area of Law Guru as it is an employment law question, not a workers comp question, so odds are most attorneys familiar with employment law won't see it.
But the general answer is "yes, they can."
I work 16 hour shifts during the weekends and we get 1 hour breaks but I am unable 2 leave for food and I'm required to work during this time unpaid. G.a. law states that if a person has to work during that time they are supposed to be paid for the breaks unless they are allowed freedom to go and do as they please during the break time. My question to you is would I have a lawsuit on my hands if Iwas fired for leaving the property during my break?
Your employer can terminate you for breaking workplace rules. You should contact an attorney who will ask you additional questions about your employer's weekend policy to determine if the policy violates any law, such as the Fair Labor Standards Act. If it does, you may want to complain to your Human Resources Manager about the practice. While an employer can terminte you for breaking workplace rules, they cannot terminate you for complaining about violations of the Fair Labor Standards Act.
schooling support
Im in the Phil., when my husband letf for CA who NEVER give financial support for his son since birth. Now my son is 19yrs.old, can i ask for his college support frm. his father?
Re: schooling support
Assuming that your child went to college after high school graduation and is attending college full time he is entitled to support from the father
for his college expenses to the extent the father is financially able.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: schooling support
Possibly, but it won't be easy if he gets a good attorney which is why you should get a good one too.
How long would it take to sit out 2,600$ worth of tickets in Irving and Addison, TX?
A friend got arrested in arlington and don't have 650 to bail him out. Don't really want him to sit in there for too long, so can you give me an answer please?
Call the jail there and ask what credit they give. Generally it is about $100 per day.
Even if you bail him out, he still has to pay the tickets or sit them out.
My son who is 12 received two voicemails from someone claiming to be from the sheriffs dept. This person did not leave a name but provided a case number and stated my son was being charged with a 653M. This person suggested my son have me contact a specific deputy assigned to this case as well as contact the person pressing charges. I did call the sherrifs dept and left a message for the deputy, however they had no record of the case number I was given. My question is in California is it legal for law enforcement to contact my child and give information regarding pending charges rather than contacting me directly?
Cops will try to solve their cases by any means necessary. Tell your child NOT to answer any questions without speaking to you first. Then, when they contact you, if they do, tell them you or your son will not be answering questions without an attorney. Present. This may be a hoax by one of his friends. Please hope so.
My brother opened a probate case for our mothers estate. It is a small estate and the main asset is her house. It has been a rough year on us and unfortunately probate fell low on his priority list. We do not have a lawyer. We filed notice to interested parties and creditors, both directly and published. Also filed a partial inventory list. Our accounting review is set for Monday. We have not filed any of the other appropriate paperwork. Final inventory, status report or accounting summary. The court is also 11 hours from where we live. What will happen if we miss this review. Will the case be continued to a later date? Will it be dismissed, and if so will be have to/be able to start over? We are now in a position to devote our time and energy into resolving this case and have been in touch with a couple potential lawyers but as of this date we are still unrepresented. What are the consequences of not appearing at the accounting review?
I'm not sure about the consequences; the court might sanction the executor by cutting his statutory fee, for example, but at the very least, your brother SHOULD NOT IGNORE THIS, or any communication from the court. If he can't get something officially filed, he must at least respond by letter, fax, telephone or email (maybe to the probate examiner). He should tell them what you have told us- that he is in the process of obtaining counsel, that he lives at a great distance from the court, and REQUEST A CONTINUANCE. Also, most courts now allow telephonic appearances, which would probably be the best way for your brother to make the request- I'm not sure of the exact procedure and it might be a bit pricey this late in the game, but Google it. (there might be something on the court's website too.)
Use Courtcall and make the arrangements over the weekend, and use a credit card; they will need information such as the name of the case, number, court location, date, time, dept, and they will provide you procedures to get on line phone with the court before start of hearing.
I have a shareholder's agreement with a local company which was recently shut down. I was the only investor. Am I entitled to any documentation such as accounting records? Am I entitled to any of the remaining funds?
As a Franchise Attorney I can only say the following. What does your shareholder agreement provide? Without examining this document, it's not possible to advise you. Some shareholders are allowed to inspect accounting records, but this varies considerably. You can pretty much assume there are no "remaining funds." Whether the funds were distributed properly is an entirely different matter. Bring your shareholder agreement and consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Yes and Yes (if any). I agree the likelihood of money after payment of debt may be slim but better to know than to always wonder. We can write a letter demanding access to the records then determine whether you should have received a distribution.
Law Offices of Donald W. Hudspeth, P.C.
3030 North Central Avenue, Suite 604
Phoenix, Arizona 85012
Direct [email protected]/* */
[email protected]/* */
Firm [email protected]/* */
Ph 602.265.7997
Fax 602.265.6099
Web site www.azbuslaw.com
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As a shareholder, you have rights under corporate law and rights as provided in the By-laws of the corporation. These are primary and determine your rights to review the books and records of the company, tax returns and current financial statements. Is the shareholder agreement the only agreement you made with the company when you invested? Depending upon the circumstances surrounding your investment and what was represented to you by the officers of the corporation, you may have rights to funds or assets of the company. Remember, money may not be the only asset of the corporation. You should seek counsel with an attorney at once.
i purchased a truck through a lender. I was out of work and missed pmnts. I then started sending pmnts in on the truck again once i got a job along with a letter thanking them for being patient while i was out of work. Now my mom and dad are getting harrassing night visits and back to back phone calls from a repo man, stating if they see the truck they are going to get it and they were going to find me. Do I have any legal recourse against this that is happening and what should i do now. I havent received any of my payments back, but the harrassment continues. I no longer live with my parents as a matter of fact i dont even live in the same town anymore. What should I do. I mean I am at the point of getting another veh and just letting this one go back because I am afraid now.
Contact the lender (NOT the repo man) and see if you can straighten things out.
If you're not current on payments, they have the right to repossess the vehicle, even if you've been sending in payments.
Buy a coach's whistle for Mom and Dad. When the repo man calls them, they should blow the whistle (as loudly as possible) into the phone, and then hang up.
"Harassing night visits?" That's an easy one. They should call the police.
I read "If both names of a married couple appear on the deed, the property automatically transfers to the surviving spouse. It can be through joint tenancy with right of survivorship, tenancy by entireties or community property with right of survivorship. These methods bypass probate court. The deed must be altered for future sale or heirs."
My husband is deceased. I have the deed to our home. I am not sure if it is tenancy with right of survivorship or tenancy. It says "Deed of Trust" on the document and both the my husband (deceased) and miy names are on the document "Husband AND Wife" .
In the state of Colorado, is it necessary to remove the deceased spouse from a Deed Form in order for the property to pass to the surviving spouses heirs (the wife in this case) upon my death?
You don't need to remove the husband for it to pass to your kids, assuming it is joint tenancy with right of survivorship, but it might be simpler to remove him now. To remove him, in Colorado, you need to file a death certificate and someone not on the title (i.e., not you) needs to sign and notarize and affidavit and file this as well with the clerk and recorder stating that the facts in the death certificate are correct. You probably want a lawyer to review the deed (it would not take long). Hope this helps.
Just seeking advice as They have fired at least 5 employees within the past 3 months since all my day off are compromised, i will be unable to take any extra work assignment therefore would like to know the best course of action to minimize the impact and avoid being fired without being able to appeal.
The general rule of employment is At-Will, which means an employer is free to fire employees and change work assignments (as well as any aspect of the job) at any time, for good reason, bad reason, not reason at all. There are some exceptions, however. From your question, it's not clear as to who you can "appeal" an issue to. Please feel contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
As the parent of a 17 year old who was in a personal injury vehicle accident in New Mexico I retained a Texas attorney to pursue damages. My child has since turned 18. I am wondering if I have any control over the settlement and/or access to any of the settlement money.
New Mexico law applies. You need to ask the question of an attorney who practices in New Mexico. Had the accident happened in Texas, you would have only a right to the proceeds applicable to reimbursement of the medical expenses since medical expenses of a minor are the obligation of the parent. Everything else, you would have no right to control nor access.
PROPERTY AND SETTLEMENT AGREEMENT
THIS AGREEMENT AND STIPULATION, in accordance with 20-109 and 20-109.1 of the code of Virginia(1950), as amended, entered into the 26 day of June,2013, by and between Husband and Wife.
RECITALS:
WHEREAS, Husband and Wife were lawfully married on April 1, 1994, in Louisa County, Virginia, and in consequence of difference having arisen between them, the parties separated on December 1, 2012 and have continued to live separate and apart since said date; and,
WHEREAS, there were three children born to the parties during the marriage namely: I will not name the kids in this.
WHEREAS, Husband and wife recognize the each have certain rights and obligations growing out of their marital relationship and intend that this agreement and Stipulation shall settle and adjust said rights and obligations and all claims that either party may have against the other or against the property, whether presently held or a acquired in the future, or the other and to settle the issues relating to the minor children of the parties: and,
WHEREAS, This Agreement is entered into voluntarily, without duress or coercion for valuable consideration, after due and considered deliberation, and each party has been fully advised of the financial and personal status of the other, no representation of fact or otherwise having been made by either party to the other except as herein expressly set forth , and equitable and not unconscionable; and, Wife is represented by an lawyer and Husband is represented by no one
WITNESSETH
NOW,THEREFORE, in consideration of the foregoing and of the mutual promises and agreements herein contained, the parties agree as follows:
ARTICLE 1
1.1 Separation: It shall be lawful for each party hereafter to live separated and part from the other party at such place or places as he or she may from time to time choose or deem fit.
1.2 No Interference. Each party shall be free from all interference, authority, and control, direct or indirect, by the other, as fully as if he or she were single or unmarried.
1.3 Mutual Release. Subject to the provisions of this Agreement, each party has released and discharges, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, releases and discharges the other of and from all causes of action, claims, right, or demands whatsoever, known or unknown, now or in the future, in law or in equity, which either of the parties ever had, may now have or may in the future have against the other, including, but not limited to, dower, curtesy, inheritance, or any rights in the elective share in the augmented estate of the other party as set forth in Section 64.1-16.1 throught16.4 of the 1950 Code of Virginia, as amended; except as set forth in this Agreement, and that either party may petition any Court having lawful jurisdiction for a Final Decree of Divorce a vincula matrimonii in accordance with Article V of this Agreement.
1.4 Conclusiveness of Agreement. Husband and Wife understand that "Separate Property" is defined as (i) all property, real and personal, acquired by either party prior to the date of the parties' marriage; (ii) all property individually acquired during the marriage by bequest, devise, descent, survivorship, or gift from a source other than the party:(iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate property pursuant to section 20-107.3 (A) (3) of the 1950 Code of Virginia, as amended. Income received from separate property during the marriage is separate property if not attributable to the personal effort of rather party. The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributed to such contributions. The personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property.
Husband and Wife further understand that " Marital Property" is defined as (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entireties, or otherwise; (ii) that part of any property classified as marital pursuant to section 20-107.3 (A) (3) of the 1950 Code of Virginia, as amended; and (iii) all other property acquired by the parties from the date of the marriage to the date of the last separation of the parties and which is not separate property as defines above.
Husband and Wife further understand that for the purposes of achieving an equitable distribution of marital property, both parties are deemed to have rights and interests in the marital property.
With the forgoing in mind, Husband and Wife agree that this Agreement is a full and complete settlement f all property rights between them and their to equitable distribution pursuant to section 20-107.3 of the 1950 Code of Virginia, as amended and from the time of execution of this Agreement neither Husband nor Wife shall have any interest of any kind or nature whatsoever in or to any of the marital property of the parties or the property of the other except as provided in the Agreement and Stipulation.
1.5 Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all future instruments that may be required to give full force and effect to the provisions of this Agreement.
1.6 Tax Analysis. Husband and Wife acknowledge that the usual and customary method for determining tax liabilities to employ a competent individual, trained in taxation evaluation and analysis, and that they have been advised that the surest way of determining tax liabilities and responsibilities is to hire such an individual to review their particular facts and circumstance, regarding tax issues. Therefore, each party is left to retain the service of such a professional, at their discretion.
1.7 Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
1.8 Discovery Not Used Because of Cost: Husband and Wife agree this Agreement was negotiated and entered into based of his/her personal knowledge and access to the other's books, records and files with little or not use of any of the discovery procedures available under the law because of the costs involved. Husband and Wife further agree that each has considered the discovery procedures available such as written question to the other party, sworn statements which my be obtained from witnesses including the other party and the availability process to summon written papers, put have weighed the potential value of the information watch might be obtained from witnesses including the other party and the availability process to summon written papers, but have weighed in potential value of the information and concluded that use od such discovery procedures is too costly and, therefore, have elected not to use such procedures.
1.9 Valuation. Husband and Wife acknowledge that the usual and customary method for determining fair value is to employ a competent individual trained in valuation techniques and that they have been advised that the surest way of determining value is to hire such an individual for appraisal of the property listed herein. Notwithstanding the foregoing, Husband and Wife have elected to agree on the vale of their marital property without employment of a appraiser, in order to save cost, and, in so doing, have ignored the sound advice of their attorneys and assume full responsibility for the results thereafter.
1.10 Effect of Reconciliation. In the event of reconciliation and resumption of the marital relationship between the parties or subsequent separation, the provisions of this Agreement for settlement of property rights, spousal support, debt payments and all other provisions not relating to their children shall nevertheless continue in full force and effect without abatement of any term or provision hereof, except as otherwise provided by written agreement duly executed by each of the parties after the date of reconciliation.
1.11 Entire Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertaking other than those expressly set forth herein.
1.12 Situs. This Agreement shall be construed and governed in accordance with the law of the Commonwealth of Virginia.
1.13 Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement shall nevertheless continue in full force and effect.
1.14 Binding Effect. Except as otherwise started herein, all provisions of this Agreement shall be binding upon the respective heirs next of kin, executors,
agents, assigns and administrators of the parties. By the execution of this Agreement, the parties hereby revoke any and all prior settlement agreements heretofore executed by and/or between the parties, whether in writing or by oral agreement.
1.15 Counterparts. The parties agree that this Agreement may be executed in two or more counterparts, each of which shall constitute an original and binding copy of this Agreement, albeit one and the same instrument. Photocopies of this Agreement shall be binding as the original.
ARTICLE II
2.1 Tangible Personal Property. The parties will divide between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and other articles of personal property heretofore used by them in common.
2.2 Real Estate- Marital Home. The marital home is located at 812 N. Aspen Street, Culpeper, Virginia 22701. The property is worth approximately $95,000.00 and has a debt against it in the approximate amount of $ 200,000.00. The property is in Wife's name only and Wife and Wife is solely responsible for the debt secured by the deed of trust currently against the residence. The marital home is allotted to Wife, and Wife agrees to assume responsibility for the debt currently secured by the marital residence and indemnify and hold Husband harmless therefrom. Husband forever waives any right, title or interest he may have in the marital home.
2.3 Automobiles/Recreational Vehicles.
The 2012 Toyota Prius automobile shall become the sole and separate property of the wife. Wife agrees to assume sole responsibility for the debt thereon and to hold the Husband harmless from any liability by reason of his obligation thereon.
The 2004 Isuzu Ascender shall become the sole and separate property of the wife.
Each party shall remain and be fully and individually responsible for the payment of any and all costs incidental to ownership of their respective vehicles, including maintenance, insurance and the repayment of any and all loans arising from said ownership, and each party shall release, indemnify, and hold the other party harmless as to these obligations. Upon demand, each party shall promptly sign over any title of the automobiles to the other party to effectuate the terms of this paragraph. Each party shall further execute a special power of attorney authorizing the other party to execute any registration, title or their document necessary to permit said party to license, register or maintain in operation their respective automobile(s), or to transfer title of said automobile to the appropriate party.
Each party shall maintain their own automobile insurance policy as of the date of execution of this agreement.
( there was some change in this part and her it is)
The 2004 Isuzu Ascender shall become the sole and separate property of the Husband. I was asking for the 2004 Isuzu Ascender and she will have to pay for the insurance until the end if the policy and that is August 14,2013
2.4 Omitted Property. Husband and Wife have attempted, and have used due diligence, to include within the provisions of this Agreement all property owned by them jointly or individually. Each party realized, however, that some property may have inadvertently been omitted from this Agreement.
Notwithstanding such omission, Husband and Wife agree that any omitted property, real or personal, shall in no manner affect the validity of this Agreement, which shall remain fully binding and enforceable. The parties agree that any after-discovered property jointly owned by the parties may agree, or by the Court of competent jurisdiction. Any after-discovered property owned by either of the parties individually and omitted from this Agreement shall continue to be owned by that party free and clear from any claim by the other.
2.5 Outstanding and Future Obligations. By execution of this Agreement, each party agrees to be fully and individually responsible for any and all obligations individually incurred by him or her prior to the date of the parties' separation and from the date of the parties' separation, forward. Each party agrees to defend, indemnify, and save the other harmless from any suit or claim asserted against him or her on account of any such debt or obligation. Further, Husband and Wife agree that neither shall in any manner pledge the debt of the other.
2.6 Bankruptcy. It is understood, mutually covenanted and mutually warranted that none of the financial duties and responsibilities of the parties to each other specified or referenced herein shall be dischargeable in bankruptcy as each party has given bona fide consideration and relinquished marital rights for same. The debts shall survive the filling of any petition in bankruptcy by either party, whether voluntary or involuntary, and all proceedings taken thereunder, as well as general assignment for the benefit of creditors or other processing's based on insolvency, and claims hereunder shall at all times remain in full force and effect and enforceable until performed and discharged in accordance with the terms of this Agreement. The parties further specifically intend any hold harmless or debt agreements to be in the nature of the payment of alimony or spousal support and shall not be dischargeable in bankruptcy as it is not a division property or a property settlement. Such a duty arising hereunder is the enforcement of a marital duty in accord with public policy.
The debtor spouse currently has the financial ability to meet his or her obligations under this Property Settlement Agreement and that the needs of the creditor spouse and children outweigh the burden on the debtor spouse of satisfying the obligations.
The creditors spouse shall be entitled to attorney's fees and costs incurred in protecting his or her rights to support in a bankruptcy proceeding and if he or she substantially prevails in a non-dischargeable.
The debtor spouse shall continue to perform his or her non-support obligations under this Property Settlement Agreement until there has been a determination that such obligations are dischargeable.
2.7 Bank Accounts. The parties have agreed between them, to their mutual satisfaction, as to ownership, possession, and use, of any and all monies, securities, notes, certificates of deposit, or which may have been on deposit in the past, and named accountholder shall be the sole owner of any such account now in his/her own names.
2.8 Other Assets. Wife has a 403(b) retirement account with Fauquier Hospital with an approximate balance of $ 10,000.00. Husband shall be entitled to 80% of this retirement account and Wife shall be entitled to 20% of this retirement account. Husband shall be solely responsible for the cost of transferring the portion of the account allotted to him, including the preparation of any Qualified Domestic Relations Order regarding the division of this account.
( There was an change to this 2.8 Other Account: wife has two Retirement accounts. I was guessing it was around 30,000.00 in the other account but what ever is the in the account I will be getting 60% of this retirement and she will be getting 40% of the retirement.
2.9 Tax Returns and Child Tax Dependency Exemption. For tax years 2013 and every year thereafter, the parties shall file separate Federal and State income tax returns. The parties agree that wife shall be entitled to the tax dependency deductions for the minor children for federal and state income tax purposes.
MADE CHANGES TO THIS ( 2.9)
The parties agree that in even years wife will be entitled to the tax and husband will do the odd years
2.10 Social Security. This agreement shall not be construed in any way to deny the right of either party under the Social Security Act as set forth in Title 42, United States Code, as it applies to the status of a spouse or former spouse.
ARTICLE III
3.1 Spousal Support. The parties acknowledge that they have considered all of the factors set forth in Section 20-107.1 of the 1950 Code of Virginia, as amended, including, but not limited to, the earning capacity, obligations, and needs and financial resources of each other, the education and training, of each other and ability and opportunity of each to secure such education and training, the standard of living established during the marriage and the duration of the contributions, monetary and non-monetary, of each to the well-being of the family, the property interests of each, the provisions made with regard to the parties' property according to the terms of this agreement, and such other factors as are necessary to consider the equities between them. After considering the circumstances of each in light of these factors, and giving due regard to the ability of each party herein to provide for his or her own support and maintenance, the parties agree as follows:
HUSBAND AND WIFE FOREVER WAVIVE, NOW AND FOREVER, ALL RIGHTS OF SPOUSAL SUPPORT AND MAINTENENCE OR ALIMONY AGAINST EACH OTHER.
Wife shall maintain health insurance coverage for husband until entry of a Final Decree of Divorce between the parties.Each party shall be responsible for their own medical bills not covered by insurance
( I was asking for spousal support of 600.00 a month and the lawyer of her cross it out and said this will never happen and she put her name by it and I didn't so i don't know if I have a leg to stand on or not if I ask for it)
ARTICLE IV
4.1 Child support, Custody and Visitation Rights.
(a) Child Support: To be determined once Husband has obtained employment.
(b) Custody: Wife shall have sole legal custody and primary physical custody of their minor children.
( Change were made to this matter and here they are. Joint legal custody together and primary physical custody to mother. he reason that is because I am looking for a place to live so I will want that to change once O find a place.)
(c) Visitation: Husband shall have visitation with the parties' child Jamie as recommended by Jamie's counselor and visitation with Shawn and Michael as mutually agreed to between Husband and Shawn and Michael.
(Changes to that is stated Visitation with all kids as mutually agreed w/children Jamie as permitted by JDR Court. whet to court and found out that they were trying to get the counselor to make the call and he said that he could not and then her lawyer was saying that the 18yr should be there when it is a stay over and I said that the 18 should not be in charge and that I would communication with the counselor when I would like to get him to see that will be ok on where I will be taking him and let the counselor now where I will be staying.)
( Also Husband default daycare if wife is working. Have the kids during the day if possible when she is working the night before we both agree on this matter).
The parties shall confer with each other on all important matters pertaining to the health, welfare, education, and upbringing of the children, with a view of arriving at a harmonious policy calculated to promote the best interest of the children.
Each party shall send copies of the report cards of the children which will be reviewed before being returned to the school, and school papers to the other party. Each party shall notify the other of any public event in which the children are a participant, for example, graduation or school plays, sporting events, so that the children may benefit from the demonstrated interest of both parties.
Both of the parties shall have access to the children by telephone at all reasonable times.
Neither party shall do anything which may estrange said children from the other or hamper the natural development of the love of the children for both parties.
Each of the parties agrees to keep the other informed at all times if either of them has knowledge of illness or accident or other circumstances seriously affecting the welfare of the children he or she shall promptly notify the other of said circumstance.
( Here is what i was asking in this matter also. communication on the three kids on when there appointment are and I would like to be there when they are if I can go.)
4.2 Health Insurance: The wife agrees to maintain the minor child as beneficiary of her present medical/hospitalization policy for so long as she may be entitled to said coverage and has a duty of child support. The parties agree to share equally the cost of any medical or dental expenses(including orthodontia), and mental health services of the child not covered by said insurance.
( Changes that I was asking for and this is what I put down on the paper. Husband asking to keep me on her insurance and the lawyer put this done beside it until final decree of divorce and I sign it but can I change this).
ARTICLE V
5.1 Subsequent Divorce If a Final Decree of Divorce a vincula matrimonii shall ever be awarded either party, Husband and wife shall agree to petition the court to approved, ratify and incorporate the provisions of this Agreement. To the extent permitted by the court, any such Final Decree shall contain language ordering compliance with all the terms and conditions of this Agreement.
5.2. Attorney's Fees: Each party agrees to pay their own attorney's fees incurred by themselves in connection with the preparation of this Agreement and for any action for divorce a vincula matrimonii in accordance with paragraph 5.1 of this Agreement. The parties further agree that in the event either party defaults under the provisions of this Agreement, the defecating party shall be liable for all expenses incurred by the substantially prevailing party in connection with the enforcement of this agreement, including, but nor limited to, all legal fees, court costs , and travel expenses.
WITHNESS THE FOLLOWING SIGNATURES AND SEALS
WE BOTH SIGN THIS AGREMMENT.
Here are my questions to this I would like to get answer.
1. I would like to see if possible that i made the right chose on this.
2. I would like to know what right do i have to try to get the money from her retirement plan that was said in this.
3. On the visitation right do is say that I have to have someone to stay with me and my one son for overnight.
4. Also I would like to know if there are medical bill out there before I sign this Agreement do I have to pay for them because my wife is saying that I do and she is looking for the money and her lawyer also said that I am not paying child support right now so I should pay for it.
5. I would like for someone to tell me if this is a good Agreement id not what would I need to do.
It's unlikely (in my opinion) that even if you submitted the above as a paid question, that you would be lucky enough to find an attorney in this forum willing to respond to it.
hello my name is madalyn i am 17 yrs old i am in trouble for possesion of 14 xanex i have never been in trouble with the law before so this is my first offense, i hear i could get a felony and i am really scared because i have big plans for my future , you see i have a 2 year old daughter and i wanna get us out of proverty so i was woundering is there any way the judge can drop the felony to a misdaminor or something less then what i got.
Actually, I think you're probably okay on this not being a felony, unless you sold them, there's some proof that you planned to sell them, or you were in a drug-free zone (school, day care center, playground, or bus). Plain possession of Xanax requires at least 28 grams worth to make it a felony, and each Xanax pill weighs a lot less than a gram (it seems like they're maybe 1/4 or 1/3 of a gram each, so you probably didn't have more than 5 grams total). Selling, having them to sell, or being in one of those drug-free areas would make that amount a state jail felony, but otherwise it's a Class A misdemeanor.
With no priors, hopefully you'll be able to get deferred adjudication. I don't think Bexar County offers pretrial diversion, but if they do now, or if this is in another county that does offer it, that's a great way to keep offenses off your record, because the case can eventually be expunged. With a deferred, you can usually get the case sealed later, but there are no guarantees on that, and the records are not sealed from everyone--law enforcement and many state agencies still have access, which can effectively block you from certain professions.
can i sue my landlord for bed bugs in my apt, im tired of dealing with this nightmare, the land lord dosent seem to care because we are about to move out
If the landlord is at fault for the bed bugs existing or failed reasonably to eliminate them then you could successfully sue, but you have to prove that it was the landlord's fault. You need to be able to show that you did not bring in the bed bugs or prevent their being gotten rid of.
Inlaw passed away. Debt collectors attempted recovery from next of kin. Received notice with this text, not sure what it means. " Upon the courts own motion, due to error. The dismissal for want of prosecution is hereby vacated."
In Ohio, when a plaintiff in a lawsuit does not make active efforts to move the case forward (such as obtaining good service of process upon the defendant or filing a Motion for Default judgment if the Defendant has failed to file an Answer) then the Court can consider that the case is languishing and that it is appropriate to dismiss the case for want of prosecution by the Plaintiff.
If the Court issued an entry of the type that you indicate, it may be that the court dismissed the case by mistake, thinking that efforts to move the case forward were not being made when in fact they were.
But it sounds like a lawsuit has been filed and it probably should be looked into further.
I currently live in Okinawa, Japan and have lived here for about 3 years. My previous residence was Oceanside, California, USA. We were married in Las Vegas, Nevada. I would like to find out how to file for divorce. There are children involved but I'm looking for joint custody. How and where should I file?
Are you both living in Japan? If so, and if you are not in the military or certain other U.S. government services, then you are under the jurisdiction of Japanese law and courts. If you are separated and your spouse returned to the US, you can file where they are. Otherwise one of you must re-establish U.S. residency, for six months in most states, before you can file here.
I was involved in a domestic violence dispute with my boyfriend a couple years back. The judge assigned a 3 year probation order against him to not see me despite my (at the time) wishes. I continued to still see him, however a couple months ago he beat me pretty badly and I have records from the ER because my face was completely swollen and bruised and my eyes were bleeding. I have proof of my doctors visit and pictures, but have not told the authorities because I am scared I will get in trouble for seeing him. I am also upset because I feel he is addicted to marijuana, but do not know how to address that with authorities either. I'm pretty sure that's not acceptable at all, especially on probation. Please help.
Unless he got a restraining order against you, you cannot be punished for seeing him. As I understand it the only restraining order prohibits him from seeing you. In such a case he violated the law by seeing you, by attacking you, and it is also a violation of his probation. The marijuana issue is up to the probation officer and the local custom of the court. You may call his probation officer or the police to report the various issues.
As i understand the question the restraining order is only as to him not seeing you. If this is the case I do not see you getting into trouble. Different or other facts can change my evaluation
