Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.
answered on Aug 13, 2020
The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... View More
I had owned 49% of the company and he owned 51%. Originally it was believed that you had a better chance of getting contracts with the government if it was native owned or woman owned. I’m part native. So during COVID lockdown he forced me sign the loan telling me it was the law in order to... View More
answered on Jul 31, 2020
Changing the business name has nothing to do with your rights in a divorce. You need to bring everything to the attention of the lawyer handling your divorce though.
-She has a record of being hospitalized.
-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.
-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... View More
answered on Jul 28, 2020
If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.
In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi... View More
Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?
answered on Jul 27, 2020
This is a more complicated question than you may realize. Yes, the lawyer should be aware of all of a client's assets. The first issue is where did the funds come from?
The second issue is where are the funds now?
The third issue is whether or not the funds are marital or... View More
If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?
answered on Jul 25, 2020
Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... View More
My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... View More
answered on Jul 21, 2020
If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.
answered on Jul 13, 2020
No, you cannot decide where you want to live, whether they are married or not.
He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living... View More
answered on Jul 9, 2020
If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.
answered on Jul 8, 2020
You cannot simply remove your name from the mortgage. The lender will not allow that. They will relieve you from responsibility for the mortgage when the house gets sold or when your husband refinances and gets a new loan. You should consult with a divorce lawyer.
answered on Jun 23, 2020
If it has been within 30 days of the entry of any order, or no order has ever been entered, then you should be fine. Make sure you file a motion to vacate or an appearance immediately.
He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.
answered on Jun 23, 2020
Your son (not you on his behalf) should speak to a lawyer as quickly as possible.
We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?
This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... View More
answered on Jun 19, 2020
It does not matter what you chose to do when you were an adult on your own.
Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.
Who will be mentioned as a father on birth certificate?
Do I have to put the name of my current lawful husband or I can put the name of... View More
answered on Jun 1, 2020
You can put the name of the biological father on the birth certificate. He will have to sign a Voluntary Acknowledgment of Paternity.
My question is: should I get divorce before I submit for citizenship? Or wait till I get my citizenship and then get a divorce?
Thank you in advance
Z
answered on Jun 11, 2020
More information is needed. How long did you live together? Did you keep any documentary evidence of the marital relationship after the applications were approved? It is unclear whether the USCIS will choose to scrutinize your marital relationship at the naturalization examination. This, in... View More
My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... View More
answered on May 21, 2020
A judge must determine that the settlement agreement is fair and equitable prior to approving it. If the agreement is unfair or inequitable, the judge can reject it.
Friend's lawyer appealed to quash the subpoena against me and obtain protection order
Judge said "The petitioner motion to quash respondent's records subpoens issued to independent witness,XYZ is granted in part and denied in part.The Respondentmay issue a records subpoena to... View More
answered on May 15, 2020
When you get the amended subpoena, you have to comply with it.
Can I pretend like I’m paying my parents to watch my kids?
answered on May 12, 2020
If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... View More
The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?
answered on May 11, 2020
The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.