The QDRO she filed said to pay me 50% of my ex’s savings plan and pension. But in the divorce decree I am supposed to get 60%. It’s been 3years. I just noticed it.
answered on Dec 3, 2019
You need to file a motion with the court requesting the court to order that the QDRO be corrected, since a judge most likely signed the QDRO and it needs to be redone.
My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... View More 
answered on Aug 29, 2019
That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law.... View More
Of the deed and the mortgage because im having problems that he does not want to cooperate
answered on Jan 15, 2019
There is no way to remove a joint owner from real property without them agreeing and signing a deed to transfer it to you/your grandmother. If he will not cooperate, my advice is to consult a family law attorney to see if they can advise how it might be possible to force a division of the property... View More
I failed to use my married name when I applied for adjustment of status through marriage. Now i updated it on my i751 but its still on process. I need my name change on my ssn card to get a drivers license but my 2 year green card is expired. What should i do?
answered on May 25, 2018
Since you updated your name on your I-751, there is no immigration law issue. You need to talk with the SSA and the DMV about how to update your name on your SS card and your drivers license.
answered on Apr 3, 2018
You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.
He does owe child support 620 but tries to stay current on his child support payments he skips his visits some time a month then pops up to show up 2 or 3 time a month I support more income for our child and now he is filing for contempt because I didn't proved him our child's social... View More
answered on Mar 8, 2018
You need to look at your agreement. It is usually spelled out in the agreement who gets to claim the child and if he loses the right to claim the child if he is behind on child support payments.
He has adult children.
answered on Dec 4, 2017
You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.
I recommend that he leave you anything he wishes to in his Will.
Uncle opened a business in boyfriend's name a few years ago. Uncle kicked him out later. Boyfriend asked to have his name removed. Uncle cut off all contact. IRS just took nearly $3000 out of boyfriend's bank account today. There is literally no other reason for the IRS to take the money... View More
answered on Nov 14, 2017
Your boyfriend needs to set up a consultation with a tax attorney. Most of us offer a free consultation. Unfortunately there is not enough detail here to give you an accurate answer. This would likely be a very difficult matter to resolve on his own particularly if, as I suspect, this is due to... View More
Mother also is has in new will that everything she ever gave me in my house ( she co signed for, but never lived in) she is willing to them.
answered on Oct 24, 2017
Not a whole lot. Assuring you mother has capacity she is her own person to will her assets to whoever she chooses.
Disclaimer: The foregoing answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter.... View More
Injuries: back, pelvis, hip
Defendants: driver & the company
Lost work: 1year
answered on Sep 25, 2017
Your questions raises more questions. Yes, it's possible to settle a case within 6 months. Whether you should do so depends on the nature of your injuries, the liability of the involved drivers, and the willingness of the insurance company to resolve the matter. If you have to file suit in... View More
We were not married and had nothing in writing about any agreement and everything was under her name
answered on Aug 11, 2017
It will depend on how this all transpired. Did you authorize this transfer somehow? Did she commit identity fraud? Your question is still somewhat vague.
I am very concerned because we have a 9 in 6 year old daughter and even though this was the first time he got caught but I found out that he has done this before to his niece years ago. I want to get full custody of them even though they're living with me and our Arrangements was flexible but... View More
answered on Jul 27, 2017
I am so sorry you find yourself in this terrible situation. The best advice I can offer you is to seek experienced family law counsel. Perhaps you might get a temporary restraining order if you are in fear for yours and your children's safety, by going to the police. You might be able to get... View More
We both contributed money to the renovation of my home. My boyfriend, I believe, is legally considered a tenant. He pays me rent every month and I pay for everything else. We are separating and he wants me to compensate him for the money that he contributed to the renovations. 1.) Do I have to... View More
answered on Jul 12, 2017
You need to consult with an attorney on this. You have too many specific questions to get a legal answer online. Attorneys will not feel comfortable providing answers that you may follow through with without getting the full facts and circumstances. This can turn into a complicated situation so my... View More
He has cerebral palsey but had always handled his own money, maunly stock holdings given by his father. His father and mother have passed, his sister and bro in law now control his money in a trust. He has grown unhappy with this arrangement. Can he regain control over his money, apparently between... View More
answered on Jul 12, 2017
This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from... View More
answered on May 4, 2017
For a car accident - Absolutely. For a family case - Never, never, never.
CT divorced, non-custodial father w/ 2.5 year divorce decree in effect (which does not address this issue or anything proximate to it, yet does explicitly details visitation agreement/schedule and joint legal custody). all children reside with ex-wife and new husband. ex wants to allow twin minor... View More
answered on Jan 19, 2017
If your ex-wife is '"assisting" your minor daughters with petitioning the local probate court to change their last names, she would have to prove, beyond a preponderance of the evidence, that the name change is in the child's best interest. Technically they would need to apply... View More
answered on Jan 19, 2017
Yes. This petition can be made with the local probate court in the jurisdiction where your father died. If your father had no specific instructions as to who should handle his remains, the probate court would hear your plea and determine if a change should be made. You may want to consult a probate... View More
do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.
answered on Jan 19, 2017
This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... View More
My brother (adopted, not sure if it is relevant) may sign away his rights to his son. Will my parents and I still have a legal right to see the baby?
answered on Aug 22, 2016
Consult with a probate for family law attorney regarding your legal rights to see the baby.
I noticed on my husband's financial affidavit that a commission of the court notarize it. I had a notary do mine. Currently, we have verbally agreed on all financial matters (we had a prenup) and we have no children. Our divorce was initiated by my husband as uncontested. Should I worry... View More
answered on Aug 22, 2016
All that means is that an attorney - who is called a Commissioner of the Court - notarized the statement.
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.
