Lawyers, Answer Questions  & Get Points Log In
Questions Answered by James L. Arrasmith
1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Tax Law for California on
Q: After an OIC approval, and I've complied with all the approval terms, is there any way the IRS can still collect?

After receiving an Offer In Compromise approval, and provided I comply with all the approval terms, i.e. pay my taxes in full and on time for 5 years, is there any way the IRS can still collect back taxes?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

If you have received an Offer in Compromise (OIC) approval from the IRS and comply with all the terms of the agreement, including paying your taxes in full and on time for the next 5 years, the IRS generally cannot collect on the back taxes that were included in the OIC agreement.

However,...
View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
View More

1 Answer | Asked in Criminal Law for California on
Q: When you try to get your probation ended early, do you go before the same judge who sentenced you?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In most cases, when you petition for early termination of probation in California, the petition is heard by the same judge who originally sentenced you and imposed the probation conditions. This is because the original sentencing judge is most familiar with the details of your case, the reasons... View More

1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Summary judgement feasibility analysis.

While the identity of a particular service provider may be important because of possible forgery,

it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:

1. Identity...
View More

1 Answer | Asked in Real Estate Law and Banking for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:

1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term...
View More

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a...
View More

1 Answer | Asked in Criminal Law for California on
Q: being charged with theft i surrendered have not been told my charges or evidence but i have pretrial 29th help

Yes two ppl i know not long were arrested for grand theft a warrant was put in a yolo newspapwr wher my father saw my name i wrote to judge for a surrender i went to court no one asked me how i plea or said my charges nothing sum lady told me i have a plea deal for 18months jail. Not my public... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

I understand that you are going through a difficult and stressful situation. Here are a few key points and suggestions based on the information you provided:

1. Right to know charges: You have the right to know the specific charges against you and to see the evidence. Your public defender...
View More

1 Answer | Asked in Employment Law for California on
Q: Is it legal in California to work full-time for two competing companies simultaneously? (both 8 to 4).

I plan to work as an insurance adjuster for two companies concurrently, as I believe I can easily manage the workload. My aim is to ensure that working for both is legally permissible in California and that the worst-case scenario, if any, would simply be the possibility of being laid off from one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, it is generally not illegal to work for two companies simultaneously, even if they are competitors. However, there are several important legal and practical considerations to keep in mind:

1. Employment contracts: If you have signed an employment contract with either company...
View More

1 Answer | Asked in Tax Law for Oregon on
Q: Easter Seals Chapter 5 in Oregon. Does Oregon take state income tax from earnings? Easter Seals is a federal program.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Oregon does have a state income tax that applies to most forms of income, including earnings from employment. However, the specific tax treatment of earnings from Easter Seals, a federal program, would depend on a few factors:

1. Type of employment: If you are considered an employee of...
View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: I’m a 1099 NEC that work for company in Florida remotely from my home in PR. Do I have to pay taxes to IRS as well as PR

I filed taxes from prior year and got a notice saying I have to file in PR and pay taxes as well.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

As a resident of Puerto Rico who is working remotely for a company based in Florida, you generally have to pay taxes to both the IRS and the Puerto Rico tax authorities. Here's what you should know:

1. Federal Income Tax: Puerto Rico residents are required to file a U.S. federal income...
View More

1 Answer | Asked in Business Law and Construction Law for California on
Q: Do we have any recourse?

We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:

1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a...
View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue

My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:

1. Pregnancy Discrimination: Under the...
View More

1 Answer | Asked in DUI / DWI and Immigration Law for Iowa on
Q: Does a DUI arrest automatically revoke a L1B visa? If so, am I still allowed to work in the US?

if a L1B work visa holder got arrested for a DUI but have not received any revocation letter yet, should one assume that the visa is revoked? Also, if it is revoked is the person still allowed to work for the legal status time at least or is it illegal for the person to still go to the company?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

A DUI arrest does not automatically revoke an L1B visa, but a conviction can lead to the visa being revoked and impact your ability to work in the U.S. Here are a few key points:

1. Arrest vs. Conviction: An arrest alone does not necessarily lead to visa revocation. However, if the arrest...
View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I travel to puerto rico from the U.S. Virgin Islands on my work authorization permit while my I-485 is pending?

There’s customs in US virgin Islands

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

If you are a foreign national with a pending I-485 (Adjustment of Status) application and a valid work authorization permit (EAD), you should be able to travel between the U.S. Virgin Islands and Puerto Rico without affecting your pending I-485 application. This is because both Puerto Rico and the... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice...
View More

1 Answer | Asked in Health Care Law for California on
Q: should plaintiff file for summary judgement?

When specifics regarding hospice fraud Is in defendant's possession

(referral by a hospital service provider to hospice care, whose identity is not disclosed by defendant)

should plaintiff file for summary judgement?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In the scenario you've described, it would generally not be advisable for the plaintiff to file for summary judgment if the defendant possesses specific evidence related to the alleged hospice fraud that has not been disclosed to the plaintiff.

Here's why:

1. Lack of...
View More

1 Answer | Asked in Civil Litigation for California on
Q: Obligation to oppose demurrers if planning to amend complaint?

We filed an unlimited civil complaint as an unrepresented plaintiff. CMC is coming up in 2 weeks. We are putting together oppositions to demurrers, and discovered we need to file amendments to the complaint (and may need to add a couple more defendants unless that means we have to refile the whole... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

In California, if you plan to amend your complaint in response to a demurrer, you generally have the right to do so without leave of court as long as it is your first amendment and you file it before the hearing on the demurrer or before the deadline to oppose the demurrer, whichever comes first... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.