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Questions Answered by Don F. Harris

1 Answer | Asked in Family Law for New Mexico on

Q: my daughter is nearly 15 and wants to change her last name to her step-fathers. can her father object?

her father and I are amicable but he would never allow it if he can object. but everything i've read says since she's over the age of 14, she can petition the court to change her name. part of it is her relationship with her father, but mostly his last name is weird and pronounced weirdly and she'd... Read more »

Don F. Harris answered on Jun 6, 2019

The parents of a minor child have to be notified of a name change in New Mexico, and her dad can object. He may not bother, or the judge very well may overrule his objection if the child's reasoning is sound.

1 Answer | Asked in Divorce and Family Law for Hawaii on

Q: How will the following look to a judge.

How will it look to a judge that my son is paying a monthly amount to his wife who has walked out on him and four children? My daughter-in-law left in January and has little to do with the family. However, she drives the kids to school each morning and when our son needs to be out of town, she... Read more »

Don F. Harris answered on Jun 6, 2019

First, if he is in he military, he is likely required to support his spouse by the military so long as he is married. I have had my military male clients get reported by the separated wife to his chain of command for not supporting her, and it has caused my clients problems.

Second, I tell...
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1 Answer | Asked in Divorce for Texas on

Q: is there help to get a divorce from a man in jail without having the cash to pay for it?

Am wanting a divorce from a man that wont be release till 2024 but I do not have the money to pay for a divorce.

Don F. Harris answered on Jun 6, 2019

Most courts have counters or offices to help people file for divorce without a lawyer.

2 Answers | Asked in Divorce for Oregon on

Q: Can I evict my husband when my name is on all assets? He will not hold a job and does not help pay for our assets.

Don F. Harris answered on Jun 6, 2019

You should consult a local divorce lawyer, and at least pay for a consultation.

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2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Don F. Harris answered on Jun 6, 2019

Mr Grefseng is correct.

I would add that it rarely benefits anyone to avoid service. If you received a card, call the person who left it and arrange to meet them to receive whatever it is . Then you know what you are dealing with and can ask better questions.

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3 Answers | Asked in Divorce for Georgia on

Q: The document is dated for 10/22/2018. They located me through email 2 weeks ago but served me tonight.

Don F. Harris answered on Jun 6, 2019

I agree with the other answers, but is your question whether the delay in getting you served make it too late to count as a valid lawsuit? Usually not, but it is a local issue, so consult a local lawyer. More to the point, if you get it dismissed for failure to serve timely, it does you know... Read more »

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2 Answers | Asked in Bankruptcy for Washington on

Q: Hi im filing Chapter 7 bankruptcy

I also found a lawfirm that removes information from my credit, do those 2 things conflict if done at the same time?

Don F. Harris answered on Jun 6, 2019

A bankruptcy is a very negative credit event (I've heard typically at least a 100 point drop). However, if you have a lot of defaulted credit cards, a bankruptcy may increase a very low score (because you have no debt after discharge).

Regardless, you credit will recover within two years...
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2 Answers | Asked in Bankruptcy for Florida on

Q: Is my annuity I received as a Florida resident still protected from BK, now that I’m a MT resident but having to use FL.

I was a Resident of Florida when I received a annuity 10 years ago. I now moved to Montana and am a Montana resident but have not been here two years. I am filing bankruptcy and have to use for the Florida laws. I knew my annuity was protected in Florida when I was there but is it still protected... Read more »

Don F. Harris answered on Jun 6, 2019

Exemptions after moving can be tricky. For instance, if Florida's exemptions only apply to "residents" then you cannot use them in Montana, and you can't use Montana's either, unless you wait another few months. You could be having to use the federal exemptions. This could be a very important... Read more »

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2 Answers | Asked in Family Law and Divorce for New Mexico on

Q: I am married contemplating divorce. What are my rights as far as receiving any pension, social security benefits, etc.

My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.

We are trying to figure out how best to divide... Read more »

Don F. Harris answered on Jun 6, 2019

Pension rights that accrue during marriage are normally community property in New Mexico. Social Security is not. In any marriage over ten years, the ex-spouse can claim long term spouse benefits, from the Social Security Administration, without affecting the other ex-spouse. Go the the... Read more »

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