How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

No, another Petition and new case has to be created and filed. Also, a new filing fee will have to be paid.

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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided... View More

A Court will often look at the best interests of the child when determining whether a parent should be awarded custody or retain custody in a modification. If you are awarded custody in a prior court order, the burden for changing custody is often much higher. Each case is unique. Whether a... View More

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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

A petition for modification needs to be filed to change the current custody arrangement.

In Iowa, the Courts will divide property and debts obtained during the marriage. Therefore, if the house was obtained during the marriage, it could be considered marital property.

Iowa is a "no-fault" state, meaning that adultery, etc., cannot be used against an opposing party in divorce proceedings. Additionally, Iowa is a "marital property" state, meaning that any assets, aside from specific exemptions (including inheritances kept in separate accounts),... View More

Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through... View More

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

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answered on Apr 16, 2020

No. Your ex would not have any entitlement to your inheritance even if you were still married. However, if you still owe your ex anything for support or division of property or anything like that, your inheritance will be a collectible asset if it is given to you outright. If your inheritance... View More

You can file with the divorce court an application for her to show cause why the Court should not hold her in contempt. You can ask the Court to award you attorney fees but during the pendency of the action you will have to pay your own lawyer.

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is... View More

The procedure for a 'Default' (wherein the other person doesn't file an answer within 20 days after being served the Petition and Original Notice), is found in the Civil Procedure Rules. Here is a link to those Rules:... View More

Yes. Even though I practice law in IL and am unfamiliar with the procedures in IA, I am certain that the county court in which you were divorced will have your original document on file and available for copying.