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Questions Answered by Lucas Wynne
1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: my ex started a gofundme page for my daughter's medical expenses. I pay 62% of med bills. Can I get part of that money

My daughter had to be hospitalized last month and the insurance company (her mothers policy for her and my daughter) covered much of the cost but not everything. After insurance I pay 62% of whatever is left to pay. My ex set up a GFM page that stated the money would be used to pay medical bills... View More

Lucas Wynne
Lucas Wynne
answered on Feb 13, 2018

All of the money should be going towards the medical bills if that is what the page was created for - not to you and not to your ex. In fact, if either of you profit from this personally (rather than pay off the bills) a crime may have been committed.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... View More

Lucas Wynne
Lucas Wynne
answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

1 Answer | Asked in Consumer Law and Small Claims for North Dakota on
Q: I was served a summons/complaint. It was NOT filed with the court. I answered and challenged the debt. What happens now?

I thought I read they had 5 days to show proof they had proving debt is mine? Also if they do file with the court will I be notified?

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Call an attorney who deals with this type of case. They do not have to file immediately.

1 Answer | Asked in DUI / DWI for North Dakota on
Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

Would this be a bad idea? If he looses his job we loose insurance and our children have special needs. My husband rarely drinks. He blew low on the breathalyzer and this is his first dui offense. The cop was really nice during the arrest and helpful. We got a lawyer and are awaiting court. If he... View More

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

No. Child support is according to court order and the child support guidelines.

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1 Answer | Asked in Business Law and Business Formation for North Dakota on
Q: Can I have a self serve wine tasting bar in Fargo, ND? Can patrons self serve wine from a machine?

I could not find anywhere in ND law that says they cannot but when I submit an application for a liquor license it asks for the floor plan and I'm worried that if the wine dispensing machines are not "behind a bar" then I will get denied. My whole business revolves around people... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As an attorney who works with various small business owners, there are often questions which have not yet been addressed by North Dakota's laws. You may also be looking at liability issues with your plan.

1 Answer | Asked in Medical Malpractice for North Dakota on
Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

The ER at Sanford did not run a drug screen on my fiance' even though he stated he had been drugged or poisoned against his will. Once he was at the ER they only gave him medications for his blood pressure and benadryl. They released him 45 minutes later to what they say was family in the... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital...
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1 Answer | Asked in Traffic Tickets for North Dakota on
Q: I was pulled over and I have court today for "unlawful use of license plate and tabs" and "failure to transfer title"

What do you think will happen in court. What pled should I do. (I've been having a big financial problems, and I had to get to work one way or another, a bus doesn't go out to were I live, I live on my own and nobody can give me rides.)

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

No attorney can provide you advice without knowing more about your situation. In general, you should plead "not guilty" even if you committed the crime as doing so will better preserve your rights. However, pleading guilty or not guilty carries serious weight and equally serious outcomes.... View More

2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for North Dakota on
Q: A person I sued after I was injured on their business's property requested we arbitrate instead. Is this a good idea?
Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

I am an attorney in Fargo who practices in the area of personal injury. As an attorney who has handled numerous arbitrations, it would be my general advice to avoid arbitration unless mandated by some sort of policy (i.e. a no-fault insurance policy). Why? Because arbitrators can be extraordinarily... View More

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2 Answers | Asked in Tax Law for North Dakota on
Q: If there's a legal seperation in effect and taxes are to be filed married filing jointly can one file single head of hou
Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

If the order says to file jointly, then you file jointly. Follow the directive of the order and consult a tax lawyer.

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1 Answer | Asked in Divorce for North Dakota on
Q: For a divorce, is my wife entitled to any of my retirement account if she is a stay-at-home mom and does not work?
Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

Ultimately, the division of assets will be at the discretion of the judge. In a divorce, you should usually (but not always) expect that retirement accounts will be divided in some manner.

2 Answers | Asked in Probate for North Dakota on
Q: Hi I inherited some land in Williams North Dakota for my father who passed away 2010 my stepmother and my four other Orc

We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

Unfortunately, this is a difficult question to answer because I am unsure if the land has any mineral rights, if oil is being produced from the land, the status of the inheritance, etc. I would speak with a local attorney.

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1 Answer | Asked in Divorce for North Dakota on
Q: If the house is in both mine and wife's name, and I am the one who is moving out, am I required to pay the mortgage?

Am I also required to pay the heating, water, internet, etc if I do not live in the house?

Also, There are 5 children involved (2 are biological mine, 3 are still legally with their father). Am I required to pay child support for the 3 if the father is legally suppose to pay child support... View More

Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

No attorney can provide you with advice that will best suit your goals via the internet. If you cannot afford an attorney, consider at least paying for a consultation to address your questions and issues. There is too little known about your situation to address your question here and I would... View More

1 Answer | Asked in Lemon Law and Small Claims for North Dakota on
Q: Is there a law in the state of ND for purchasing a used vehicle and it needs a new engine after one week of purchasing?

It was taken to a mechanic and the mechanic stated the owner knew the engine was bad and put a pipe through the muffler to make it sound loud and then said it was one of those fancy mufflers that made noise. Also that it burned a little oil. But the fact was, the engine was so bad, the oil was... View More

Lucas Wynne
Lucas Wynne
answered on Jan 5, 2018

You may or may not have a warranty claim. The answer is dependent on the conditions of the sale. I would contact an attorney who deals in this type of claim.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

Get visits or custody back. Son now lives with his dads ex

Lucas Wynne
Lucas Wynne
answered on Jan 5, 2018

I believe your question is stating that you were incarcerated and your son was relocated to Seattle. If this is the case, the custody of your son's case, under North Dakota law, would be with Washington rather than North Dakota. You will need to pursue your case there.

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1 Answer | Asked in Civil Litigation and Criminal Law for North Dakota on
Q: If you have a public data record what does it mean doc #6 and doc#7 after a bench warrant and a sherriff return
Lucas Wynne
Lucas Wynne
answered on Jan 1, 2018

What you are seeing is a document record listing, not the record itself. The document you are referring to is likely a bench warrant for your arrest. You will need a criminal defense lawyer.

1 Answer | Asked in Collections for North Dakota on
Q: I got a summons/complaint delivered to me by the sherriff that looks like it was not filed with the court system.

Is there any steps I need to do? I dont know where or how to answer it. Is it worth calling them to negotiate? Its a hight enough amount that I will declare bankruptcy unless they would settle for like 10%. Please advise

Lucas Wynne
Lucas Wynne
answered on Dec 28, 2017

No attorney can advise you without an attorney-client relationship being formed. In North Dakota, they are not required to file when they serve you.

1 Answer | Asked in Child Custody for Minnesota on
Q: Can the custodial parent go on vacation with child for 30days?

Child has been visiting father for 6-8 weeks straight. Mother would like to spend a 30 day vacation with child. Can father withhold child from mother? Can mother have her vacation with child. There is no custody order in place. However father is trying to not give mother crucial time with child.

Lucas Wynne
Lucas Wynne
answered on Dec 21, 2017

Unfortunately, the way you have worded the question creates conflicts which prevent it from being answered. You call one parent the "custodial parent" but say that there is no court order in place. If there is no court order in place, there are not set rules on these type of issues. If... View More

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: How do you get the court to drop child support when you didn't know the child was yours? Cause the mother lied

I believe it's unfair to the father. The mother didn't know who the father was but now the state coming after you for child support and you didn't even know

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

You have a paternity test done.

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1 Answer | Asked in Sexual Harassment for Minnesota on
Q: Does this constitute workplace harassment?

Setting is a high school.

Male employee to female employees:

“ The sparkles in your blouse, really catch my eye” (the only sparkles we’re across near her breasts)

“Your dress really looks nice with your leggings“

“Your hair is just SO shiny, I just... View More

Lucas Wynne
Lucas Wynne
answered on Dec 20, 2017

Sounds like it to me, retain an attorney.

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