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Have legal questions? Justia Ask A Lawyer lets you get free answers to your legal questions from experienced attorneys. Whether you need guidance on family law, criminal defense, personal injury, immigration, employment law, real estate, or another legal matter, you can ask your questions anonymously and get the answers you need.
Your current state is Virginia
I am a father of a 6-year-old daughter in New York. My ex-partner, who I was never married to, and I share a child for whom I signed the birth certificate and acknowledgment of paternity. Despite the absence of a prior court agreement, I have recently filed for sole custody, and the first court... View More 
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answered on May 23, 2025
I'm sorry you're going through this. It’s upsetting to feel shut out of your child’s life, especially when you're trying to do the right thing by going through the courts. In New York, when parents are not married and there is no custody order in place, both parents generally... View More
I am a resident of Alameda County, Northern California, working in the IT sector. Currently, I have 80 hours of accrued paid sick leave from my employer. Could you let me know if I can use all 80 hours of paid sick leave within one year, or if there is a cap on the maximum allowable paid sick leave... View More
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answered on May 23, 2025
Hello. You can use as much vacation time as you have accrued in accordance with your company's policy, so long as that policy is at or greater than the California (or local) minimum. There are limits with California Paid Sick leave that an employer can impose and enforce; without them, you... View More
I know someone who has a personal injury lawsuit and has been receiving professional medical help, including shots to the back. The case happened about 10 months ago, and the attorney indicated that the settlement check should arrive by July. The check is coming directly from their original... View More
answered on May 23, 2025
It could depend on the insurance carrier, the attorney's ability to wrap up a summary of case expenses, and whether there are any liens that need to be satisfied. In the best-case scenario, if the claimant promptly signs and returns the insurance carrier's release, they could receive... View More
I was laid off last Friday, and HR told me it was due to a reduction in workforce. However, I had informed my manager verbally about my pregnancy two days before the layoff, though I did not formally notify HR. My termination letter did not state a reason for my layoff. I'm the only person... View More
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answered on May 23, 2025
You should speak with an attorney immediately about this situation. The excuse provided for your layoff sounds pretextual coming on the heals of your having informed your manager about your pregnancy. It is also significant that your employer brought in a junior designer not long before they... View More
I am considering withdrawing funds from my 401k to pay for legal representation and legal fees related to my divorce. I am no longer an employee at the company that holds my 401k. I'm exploring if this is possible and what penalties or taxes might apply. Are there any regulations or... View More
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answered on May 23, 2025
If you take money out of your 401(k) to pay for divorce legal fees, you’ll have to pay regular income tax on the amount you withdraw. If you’re under age 59½, you’ll also have to pay an extra 10% penalty to the IRS. Unfortunately, there’s no exception to this penalty for legal fees related... View More
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