Questions Answered by Edward Chris L'Hommedieu

Q: Ex can no longer pick up our child during one of the court appointed visits. Do I have to give him a new day and time?

1 Answer | Asked in Child Custody for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
Simple answer - the Court Order controls.

That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them.

Just ask yourself this: "If I was in their shoes, what would I hope for, and is it reasonable?"... and think about the child. What do they want?

There's a lot at stake here - a child that needs...

Q: When filing for child support in the state of Maine does the court count the income of the spouse who is not the parent?

1 Answer | Asked in Child Custody and Child Support for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.

Q: if I go with somebody and else and my parents call the police on me do they have to take me back home to my parents?

1 Answer | Asked in Divorce, Family Law and Child Custody for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
That depends on your age and maturity.

If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.

If you are 17, different story.

You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have no assets.

Sorry you're going through this...

Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?

2 Answers | Asked in Bankruptcy for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
Generally no.

That said, if you mixed your social security funds with other money, it can make things dangerous.

If you're asking "can they take money from my disability benefits" the answer is almost certainly no. Just assuming you don't have enough to survive on each month, then they can't, which is the case for almost everyone on social security...

Q: would A government student loan be included in bankruptcy or I can’t file bankruptcy on a government loan?

2 Answers | Asked in Bankruptcy for Maine on
Answered on Apr 3, 2018
Edward Chris L'Hommedieu's answer
Hi -

I'm a bankruptcy lawyer in Maine.

My general rule with student loans is this - to get rid of student loans in bankruptcy you have to prove you literally have no ability to make enough money to survive. I call it the "no arms, no legs, no eyes" rule.

Its very very hard. That said, its not impossible. I've won student loan cases in Maine before, but its expensive and a long long process...

If you are disabled with minimal income, and no real chance of...

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