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Questions Answered by Burton A. Padove
1 Answer | Asked in Family Law for Indiana on
Q: Does the man who signed the phaternity affidavid have to be the one to file a petition for a phaternity test ?
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answered on May 16, 2011

No. The mother can be or any next friend of the child.

1 Answer | Asked in Family Law for Indiana on
Q: Where do we start if we want to get our court ordered child support re-evaluated?

Trying to help a young urban boy get his child support and visitation re-evaluated. Unfortunately, he does not have any original documents. But he is getting a large sum garnished from his very small paycheck (he is a busboy) and in addition the mother will not let him see his daughter. I... View More

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answered on May 16, 2011

You should be able to backtrack and obtain the original order. His employer should have a copy of the wage order garnishment. The cause number and location of the court should be on there. You can then contact the clerk of the court for that county and obtain copies of the original documents.

1 Answer | Asked in Family Law for Indiana on
Q: I can not find any forms for modifacation of parenting time
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answered on May 16, 2011

You might find a form at www.in.gov/judiciary and look in the self help area. If you cannont find one, you might want to contact a lawyer to draft one for you on a single item retainer. This is also known as an unbundled service. An example can be found at my website.

2 Answers | Asked in Family Law for Indiana on
Q: My husband is ending a 25 year marrage. He is taking the only car and leaving me homeless in 30 days can I stop this?
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answered on May 16, 2011

Can you stop a divorce, no. Can you prevent him from leaving you homelss and without a car? Yes. You need to contact a family law lawyer as soon as possible.

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1 Answer | Asked in Real Estate Law for Indiana on
Q: Can you be sued for breech of contract 2 months after you move out and the property has since been sold

And owner is claiming in law suit that he cannot sell or lease propertyand there was a co-signor on the contract and owner never asked/offered/demanded that co-signor take over contract and is now suing both parties.

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answered on May 16, 2011

If the property was sold, the owner can sue you for the difference between the sales price and what you agreed to pay, along with any additional expenses involved. I would have to read the contract before I could comment on the co-signor's obligations.

1 Answer | Asked in Real Estate Law for Indiana on
Q: A neighbor's tree leans on my building and has damaged the wall and roof. Who is responsible? Who pays to cut it down?
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answered on May 16, 2011

Your neighbor is responsible for the damage and you can trim it on your side. You cannot cut it down on his side. I suggest that you contact your homeowners insurance company.

2 Answers | Asked in Real Estate Law for Indiana on
Q: My husband owned our house before we married. What form do we need to add my name to the title/deed - in Indiana.
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answered on May 16, 2011

You need a quitclaim deed. An attorney will usually prepare one for about $50. Your local Recorder will charge $16 to record it. I cannot recall if there is a $5 - $10 Auditors fee.

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Is it legal for a non licensed p/t to work on you with out your knowalge and without supervision?
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answered on Apr 9, 2011

No

1 Answer | Asked in Wrongful Death for Mississippi on
Q: Do i need Wrongful death lawyer?
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answered on Apr 9, 2011

I am not licenses in Mississippi. However, wrongful death cases are very difficult and I would definately suggest that you lawyr up and hire one.

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: My neighbor told me he'd knock my block off if I complained about his barking dog again. Can I sue him?
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answered on Apr 9, 2011

Sure, if you have been damaged by his conduct.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I co-own a house with someone. We want a reverse mortgage. Is there a restriction on a fixed rate? I am 62 and he is 74.
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answered on Apr 9, 2011

I am unaware of any limnitations on a fixed rate other than what the market place may be.

1 Answer | Asked in Family Law for Indiana on
Q: Just found out that my stepson may not belong to my husband. Child support is in order after 10 years what can we do

My husband's ex told him that he was the father of their child for 10yrs. Now she admits that the child probably does not belong to my husband. She had him sign the paternity acknowledgement even thought they lived together, she lied and told child support office they didn't. Child... View More

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answered on Apr 9, 2011

You need to lawyer up and hire an attorney. Setting aside a paternity order is a difficult thing to do,but it can be done.

Good luck.

1 Answer | Asked in Family Law for Indiana on
Q: Why is my childrens mother not being held in contempt of court for not obeying an order?

There is a current order for visitation. i have taken the mother of my children to court many times over the last five years. nothing has ever been done. she does not comply with the order and i miss my kids.

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answered on Apr 9, 2011

You have to keep bringing her into court until you obtain an order that the court enforces. Without having the benefit of knowing all of the circumstances of your case, that is as good of an answer that I can give.

Also. depending on all of the circumstances, you may be able to seek...
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1 Answer | Asked in Consumer Law for Illinois on
Q: Where do I file a claim regarding JP Morgan case?
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answered on Apr 9, 2011

Can yopu please repost. there are a number of cases pending against JP Morgan and wihtout know more of the facts, I cannot provide you with assistance other than to state that there is one class action pending in Chicago. I have posted some information on that case on my blog... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: What is the jail time for reckless homocide?
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answered on Mar 30, 2011

2-8 years

1 Answer | Asked in Family Law for Indiana on
Q: How do i file a paternity action suit
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answered on Mar 30, 2011

You will need to file a petition at your county courthouse naming the other parent and child. You will also have to serve the other parent with a copy of the petition. There may be other documents that need to be filed depending on the local rules for the county where the case will be located.

1 Answer | Asked in Civil Litigation for Indiana on
Q: If I'm named as a defendant in a case but have not been notified, what do I do?
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answered on Mar 30, 2011

You can hire counsel to guide you after a consultation or you can momnitor the case yourself to make sure that no orders are entered against you.

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can the pliantiff respond with more information to overturn a court order.
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answered on Mar 29, 2011

Under certain circumstances, yes. You can look at Indiana Trial Rules 59 and 60.

1 Answer | Asked in Civil Litigation for Indiana on
Q: How do you begin a search for relevent case law on a particular issue
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answered on Mar 29, 2011

You can use search terms in Google Scholar as a start. You can also obtain access for one day to Westlaw or Lexis and possibly some other legal research websites. Depending on whether this will be ongoing, you may want to consider a subscription or hiring an attorney for the sole purpose of... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can a counter claim be filed in circuit court
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answered on Mar 29, 2011

Generally, a counterclaim can be filed in the court where the initial claim has been filed. Depending on the circumstances, you may have to ask the court for permission.

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