Questions Answered by Anna Aleksander
Q: My inheritance was used as a down payment on a home. I have never spent a night there. Do I get it back?
Anna Aleksander's answer
If you used non-marital funds to purchase property the non-marital funds invested will continue to be your non marital property. There are exceptions to this and much depends on the specific funds, whether or not there will be offsets etc... The very basic simple example is as follows: you purchased a home in KY for 100k and financed 70k and 30k was your down payment from inheritance. 30k will remain your non-marital property. This should not be treated as legal advice.
If you used non-marital funds to purchase property the non-marital funds invested will continue to be your non marital property. There are exceptions to this and much depends on the specific funds, whether or not there will be offsets etc... The very basic simple example is as follows: you purchased a home in KY for 100k and financed 70k and 30k was your down payment from inheritance. 30k will remain your non-marital property. This should not be treated as legal advice.
Q: I have a three week old daughter and me and her father are separated and he has asked to take her
Anna Aleksander's answer
If you acknowledged him as the father on the birth certificate by default both parents have custody rights. However, if you have a valid reason for not allowing visitation you could refuse and wait until he takes you to court to establish his paternity and visitation rights by the judge.
If you acknowledged him as the father on the birth certificate by default both parents have custody rights. However, if you have a valid reason for not allowing visitation you could refuse and wait until he takes you to court to establish his paternity and visitation rights by the judge.
Q: wanting to file for a relocation hearing with my children (93 miles away) but spouse is not agreeing.
Anna Aleksander's answer
Mediation is usually mandatory and once a Motion is filed, the Court will likely order mediation. You should file a Motion in Court. You should discuss with an attorney as the answer to your question depends on the specific facts of the case.
Mediation is usually mandatory and once a Motion is filed, the Court will likely order mediation. You should file a Motion in Court. You should discuss with an attorney as the answer to your question depends on the specific facts of the case.
Q: If I was in a car wreck and wasn't put on the police report is there any way to fix that so I can make a claim
Anna Aleksander's answer
Yes, contact the officer and discuss with the officer amending the report. This happens sometimes from oversight. However can be easily fixed.
Yes, contact the officer and discuss with the officer amending the report. This happens sometimes from oversight. However can be easily fixed.
Q: l was married in Vietnam 5 years ago. My petition to bring my spouse to us was denied. we want to divorce. What do do
Anna Aleksander's answer
If you are a KY resident, you can file for divorce here. There are several ways to do it, but the easiest is by an agreement with your spouse. To get the other country to recognize the US divorce you would have to contact that country's consulate.
If you are a KY resident, you can file for divorce here. There are several ways to do it, but the easiest is by an agreement with your spouse. To get the other country to recognize the US divorce you would have to contact that country's consulate.
Q: Privacy from husband while waiting on divorce
Anna Aleksander's answer
If you are threatened to the extent where his actions amount to domestic violence then you can take out an emergency protective order. In the alternative you can file and make a motion to restrain him in the divorce case. You can refer to this page on my website for more information : http://www.aleksanderlawlouisville.com/louisville-criminal-law/epos-domestic-violence/
If you are threatened to the extent where his actions amount to domestic violence then you can take out an emergency protective order. In the alternative you can file and make a motion to restrain him in the divorce case. You can refer to this page on my website for more information : http://www.aleksanderlawlouisville.com/louisville-criminal-law/epos-domestic-violence/
Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
2 Answers
| Asked
in
Personal Injury and Gov & Administrative Law
for
Kentucky
on
Answered on Dec 11, 2018
Answered on Dec 11, 2018
Anna Aleksander's answer
Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
Q: A 16 year old caught driving on KY intermediate license with too many passengers in the vehicle. How serious is this?
Anna Aleksander's answer
While driving without a license creates a presumption of negligence by KY statute, the courts hold that there must be a causal connection that is the proximate cause for the accident. With or without the license the fault for the accident is what matters. Basically the presumption can be rebutted by showing the other person caused the accident.
Quoting from case: "Where the facts of an accident do not show any causal connection between the violation of a statute and the injury...
While driving without a license creates a presumption of negligence by KY statute, the courts hold that there must be a causal connection that is the proximate cause for the accident. With or without the license the fault for the accident is what matters. Basically the presumption can be rebutted by showing the other person caused the accident.
Quoting from case: "Where the facts of an accident do not show any causal connection between the violation of a statute and the injury...
Q: I got diagnosed with PTSD after a particularly vicious dog attack. I'm afraid to leave my house because I have panic
Anna Aleksander's answer
You should probably be able to yes as long as you have scientific proof of your suffering, damages. Also as of 2013, KY is no longer strictly an impact state. Osborne v. Keeny. This information is not intended as legal advice.
You should probably be able to yes as long as you have scientific proof of your suffering, damages. Also as of 2013, KY is no longer strictly an impact state. Osborne v. Keeny. This information is not intended as legal advice.
Q: My friend has been convicted with dui and in jail from Saturday morning 8:30. Will he be out in 8 hours ??
Anna Aleksander's answer
Are you sure that he was convicted. Your question is missing a lot of details such as when, what was his sentence, on what conditions is he being released. Based on your question however, if the judge ordered him released, the jail can and sometimes does take their sweet time to process the defendant out. Ideally the person should be out the same day but they can take up to as much as 48-72 hours. Also at times they have been known to hold the Defendant longer if there are mistakes in the...
Are you sure that he was convicted. Your question is missing a lot of details such as when, what was his sentence, on what conditions is he being released. Based on your question however, if the judge ordered him released, the jail can and sometimes does take their sweet time to process the defendant out. Ideally the person should be out the same day but they can take up to as much as 48-72 hours. Also at times they have been known to hold the Defendant longer if there are mistakes in the...
Q: Can I be convicted for both a DUI charge and for a refusal to submit to a breath test?
Anna Aleksander's answer
189A.
105 Effect of refusal to submit to tests
--
Information required to be provided
when tests requested
--
Ignition interlock license
--
Court
-
ordered testing
--
Right to consult attorney before submitting to tests
--
Personal testing option.
(1)
A person
's refusal to submit to tests under KRS 189A.103 shall result in revocation
of...
189A.
105 Effect of refusal to submit to tests
--
Information required to be provided
when tests requested
--
Ignition interlock license
--
Court
-
ordered testing
--
Right to consult attorney before submitting to tests
--
Personal testing option.
(1)
A person
's refusal to submit to tests under KRS 189A.103 shall result in revocation
of...
Q: Is slipping and injurying myself on black ice on a storeowner's property something I can successfully sue over?
Anna Aleksander's answer
It depends but possibly yes. In KY the duty of care owed to you is defined by your status on the property as for example if you were an invitee on the landowner's premises they owed you a higher duty of care.
It depends but possibly yes. In KY the duty of care owed to you is defined by your status on the property as for example if you were an invitee on the landowner's premises they owed you a higher duty of care.
Q: How many times can you get a DUI in Kentucky before you lose your license?
Anna Aleksander's answer
DUI are enhanceable offenses in Kentucky, meaning that the penalty increases with each subsequent offense. For 1st Offense 30 days - 120 days. For 2nd offense 12 months -18 months. For 3rd offense 24 months-36 months. For 4th and subsequent 60 months. See KRS 189A.070 as amended in 2016.
DUI are enhanceable offenses in Kentucky, meaning that the penalty increases with each subsequent offense. For 1st Offense 30 days - 120 days. For 2nd offense 12 months -18 months. For 3rd offense 24 months-36 months. For 4th and subsequent 60 months. See KRS 189A.070 as amended in 2016.
Q: I am filing divorce from my husband. I can't afford an attorney. Do you know of any attorney's that do free divorces?
Anna Aleksander's answer
The Legal Aid of Louisville try calling them or the Lawyer Referral Service. Ph # can be found online.
The Legal Aid of Louisville try calling them or the Lawyer Referral Service. Ph # can be found online.
Q: I was a passenger in a work truck involved in a 2 vehicle car accident(no fault). How would I file and what is the claim
2 Answers
| Asked
in
Car Accidents, Workers' Compensation and Personal Injury
for
Kentucky
on
Answered on Aug 28, 2018
Answered on Aug 28, 2018
Anna Aleksander's answer
You will have claims for negligence against the driver of the vehicle that hit your vehicle. If the driver was on a frolic and not authorized to drive truck there maybe some issues, however, you should probably still be able to get PIP benefits or Assigned Claims benefits. You should consult a lawyer and make demands upon the persons at fault.
You will have claims for negligence against the driver of the vehicle that hit your vehicle. If the driver was on a frolic and not authorized to drive truck there maybe some issues, however, you should probably still be able to get PIP benefits or Assigned Claims benefits. You should consult a lawyer and make demands upon the persons at fault.
Q: Can a pedestrian be at fault in any way if they are injured by a car?
Anna Aleksander's answer
Kentucky is a comparative fault state. This site is for general questions only. To answer your question, yes it is possible. If the pedestrian was some percentage at fault in causing the result such as if for example he failed to yield the right of way to a vehicle or crossed the street on red light, or leapt at the oncoming vehicle etc etc.
Kentucky is a comparative fault state. This site is for general questions only. To answer your question, yes it is possible. If the pedestrian was some percentage at fault in causing the result such as if for example he failed to yield the right of way to a vehicle or crossed the street on red light, or leapt at the oncoming vehicle etc etc.
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