Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bonnie M Lonardo
1 Answer | Asked in Family Law and Child Support for Nevada on
Q: What qualifies as a conflict of interest for a judge?

My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My husband beat the crap out of me in April 2019. He spent jail time now he is OUT. I need a divorce
Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: Hi. I have been married for 25 years and i would like a divorce. What happens financially in Nevada?

We live in Las Vegas and were married here. Thank you.

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: My ex just got an ex party order granted to extend the time to file her reply and counter motion. Can I appeal this?

On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: I am trying to find out if I am entitled to modify child support in my current situation

I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: I have Covid court Oder say I have to send kids back to other parent will I get in trouble if I don’t ?
Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 15, 2021

I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Are parents allowed to do this?

Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If I have my deceased sisters kids, because the father left them, how can I file he abandoned them?

He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: mother died am I guardian?

The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: Question about a request to relocate for a father with primary custody.

I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 18, 2021

Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Long story short,4 yrs ago, my ex-husband adopted our 2 youngest grandsons, our daughter is mentally unstable. I have

The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 18, 2021

If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If one parent gets arrested for something, will they take your kids if the other parent had no involvement?

If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Presenting your accomplishments is it better to State the struggle or just show the accomplishment

my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Unfortunately without all the information and further details regarding this case, I cannot provide strategic legal advice. This question is best addressed to the attorney representing your case.

1 Answer | Asked in Family Law for Nevada on
Q: Is the father of my child allowed to let his parents take my daughter out of state even without my permission?

We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: My family law court case has been postponed 3 times, each time with a 60 day delay, until the next hearing.

Most recently, the judge granted an ex-parte application , without sending me a copy of the application, and without me being heard. How can I object to these delays of Hearing?

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 23, 2020

Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination.... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: Can parties to a post nuptial stipulate to the state of jurisdiction. I.E. both reside in Nevada, but one or both move '

one or both move to Calif. and / or Oregon?

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 15, 2020

Post-nuptial agreements are recognized in all 50 states, regardless of where they were originally drafted and filed. However, many laws vary state to state, therefore, if a matter included in the post-nuptial agreement was pertinent to the laws in the state in which it was filed, that matter may... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: What to file with the court to notify of a spousal support pre payment ? Just so our case reflects the new ss end date

My ex was ordered to pay a car loan (the loan is in both our names) per our divorce decree, she is having trouble paying it, she has agreed to let me pay off the loan and deduct that amount from the remaining spousal support. What paperwork can we file with the court so this gets logged in our... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 15, 2020

I would recommend that you file a stipulation to modify the current spousal support court order. The modification should represent the new, agreed upon alimony amount that reflects what was deducted due to the car payment. Any other pre-payment should be made in the form of a check that is... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Nevada on
Q: I have 2 questions. Is a will still good after divorce? do I need to file divorce papers if it states im lefthousedeath?

Is a will still good after divorce? My mom remarried but ex step dad did not, thet were still friends having other kids together. The will leaves her pretty much everything is it still valid even though they divorced? My second ? In their divorce papers its stated that she is to be left the house... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 11, 2020

Nevada law does nullify an ex spouse as a beneficiary in a will dated before the time of divorce. All other beneficiaries in the will do however remain valid. If, as you say, the house was explicitly mentioned in the divorce decree as being left to your mother, then this may stand regardless of the... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: Do I have any rights given the fact that you were married in a temple in March 15 but didn’t submit the paperwork

We got married in front of plenty of family and friends we both signed a Ketubah ( Jewish marriage contract ) with 2 witness signatures and the Rabbi we couldn’t file our paper work because of the Corona Virus

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 11, 2020

As long as the couple has a valid Nevada marriage license and the ceremony was performed by a Nevada licensed Officiant with at least one witness, then the marriage is legally recognized. The officiant’s failure to record the marriage documentation within the required 10 days after the ceremony... Read more »

1 Answer | Asked in Divorce and Immigration Law for Nevada on
Q: Legal separation, just separation or divorce before Green card interview?

My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 3, 2020

I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... Read 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.