The postal service attempted to serve his paperwork to my address rather than his. I called his post office and they said it must have gotten forwarded because he hadn’t checked his mail in months so she put him on the moved list! I had my mail forwarded to my new address and she said it must... View More
Usually you have to serve the other person in person through a private process server or constable, unless you get permission from a judge to serve them via certified mail. It doesn’t sound like you do here. So you would need to serve them in person by a process server. If certified mail service...View More
Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.
My ex took me to court 4 years ago and reduced my child support by almost half, because he no longer worked a corporate job but instead became self employed. Fast forward to now... He is currently over 11K behind in child support even at the reduced amount. And trying to have the amount reduced yet... View More
File the answer if you intent to claim your rights. File a waiver if you don’t oppose anything and are okay with him basically going to court without you and asking for what he wants. Sometimes waivers will allow for that if you aren’t careful. Sometimes a waiver only waives service but you are...View More
If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t...View More
I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?
Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.
My child’s father is not allowing me to see my daughter so I will be filing motion to enforce the order. Is he able to order drug & alcohol testing for ME to do at that court date (again, I am the one filing enforcement against him) or would he have to file separately outside of the... View More
I have attempted to work out a visitation arrangement with my ex-husband, who's other daughter who lives with him has tested positive for Covid, and he refuses to work with me. We do have a Standard Possession Order currently in place, but Mutual Agreement is also an option. I have asked that... View More
I recently turn 19, currently I live in my parents house. My father pays for all the bills, except for one which I pay. My mother doesn’t pay anything. My dad doesn’t live in the house. I recently put a lock on my door blc my mother was stealing checks that had my name and siblings were... View More
A: Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. This isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage
You have to amend your petition for divorce to include a request for establishment of paternity and request for dna testing on the child that was born before marriage (assuming there are no other court orders affecting that child, which is why the judge made this ruling). The dna testing...View More
Typically a TRO doesn’t address visitation rights. If it does, it’s wrong and needs to be corrected through proper motions. If the TRO doesn’t say anything about visitations, that is the correct way. And your most recent order regarding visitations is still in effect.
had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... View More
It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,...View More
I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.
The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a...View More
I won my case for a writ of habeas against my ex almost 1 month ago. The judge ruled in my favor and she had told me and my lawyer that she would take court/lawyer fees into consideration. Because I had asked that since my ex withheld my kids for almost 2 months and made me use money to get a... View More
There is no deadline. You should submit and file a motion for a status conference, and set it for hearing. Or call the clerk and tell them to remind the judge to make a ruling on your case on the specific issue.
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