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Family Law Questions & Answers
Q: in a large alimony settlement, can I make a stipulation that it will ONLY terminate if I remarry?
Dawn Padanyi's answer
When it comes to a stipulation, you can propose a number of things, however it is unlikely that the opposing party would agree to alimony payments without all the usual terms for termination (remarriage, cohabitation, death of either party). If you are the potential recipient for a large alimony settlement, it would behoove you to have legal representation to ask these questions to with all the facts of your case known.
When it comes to a stipulation, you can propose a number of things, however it is unlikely that the opposing party would agree to alimony payments without all the usual terms for termination (remarriage, cohabitation, death of either party). If you are the potential recipient for a large alimony settlement, it would behoove you to have legal representation to ask these questions to with all the facts of your case known.
Q: I just turned 16, and I live in Ohio. My dad who has really bad health wants to sign to make me emancipated can he?
Joseph Jaap's answer
No, he can't. Here is information on emancipation at this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
If returning to live with your mother and abusive stepfather is not an option, then talk to other family members or other trusted adults about the situation.
No, he can't. Here is information on emancipation at this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx
If returning to live with your mother and abusive stepfather is not an option, then talk to other family members or other trusted adults about the situation.
Q: How much should my ex pay me for child support and how many days a week should he have him for 50/50 custody?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Ohio
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
Joseph Jaap's answer
Ohio has a Child Support Worksheet that calculates a child support amount based on incomes of both parents and other factors. That calculated amount can then be adjusted for other circumstances. Shared parenting can be split however works best for the children and the parents. If the parents cannot agree, then the court will set the schedule based on what is in the best interest of the children. Many counties have standard parenting schedules to use as a starting point. Check your court's...
Ohio has a Child Support Worksheet that calculates a child support amount based on incomes of both parents and other factors. That calculated amount can then be adjusted for other circumstances. Shared parenting can be split however works best for the children and the parents. If the parents cannot agree, then the court will set the schedule based on what is in the best interest of the children. Many counties have standard parenting schedules to use as a starting point. Check your court's...
Q: currently have joint custoday what are chances to get full custody or ammend that father can't have around certain peopl
Mr. Joseph T Ireland Esq.'s answer
If the father is taking the children around someone that has recently been the victim of attempted murder and there is still is the possibility that something like that could occur again, I believe most family court judges would understand your request to restrict who the children are around. You need a local attorney to discuss your specific options.
If the father is taking the children around someone that has recently been the victim of attempted murder and there is still is the possibility that something like that could occur again, I believe most family court judges would understand your request to restrict who the children are around. You need a local attorney to discuss your specific options.
Q: brother has split custody of his kids,when she has them she leaves them overnight with boyfriends,daycare. What canwe do
Pete David Louden's answer
This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would eliminate the problem.
Pete D. Louden
www.normanlaw.com
This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would eliminate the problem.
Pete D. Louden
www.normanlaw.com
Q: What does it means state of New Jersey in the intrest of ____________ And what does victim/complainant means
Leonard R. Boyer's answer
What does it means state of New Jersey in the interest of ____________. This means the person of persons are being "acted for" by the State of NJ. Victim/complainant means someone who was harmed. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and...
What does it means state of New Jersey in the interest of ____________. This means the person of persons are being "acted for" by the State of NJ. Victim/complainant means someone who was harmed. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and...
Q: Do I have to name my daughter's father in my WILL, if I don't want him as her guardian?
1 Answer
| Asked
in
Family Law, Child Custody and Estate Planning
for
Florida
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Terrence H Thorgaard's answer
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
No, you don't have to name anyone in your will.
If you want to suggest, in your will, that someone else be her guardian you can do that. It's not a guarantee that such person will be made guardian, but it wouldn't hurt.
Q: My boyfriend is from cali he now lives in ny how can he go to court without having to go back to cali or the case heard
Ali Ebrahimzadeh, Esq.'s answer
Where is the mom? Where's the case filed? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
Where is the mom? Where's the case filed? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
Q: Do I have the right to the minutes of my child's meeting with his attorney?
Ali Ebrahimzadeh, Esq.'s answer
Attorney-client communications are confidential, even here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Attorney-client communications are confidential, even here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: Married 11 y divorced 8 y. I know that my ex works but do not know how much she makes. Could I ask for reduced alimony?
Ali Ebrahimzadeh, Esq.'s answer
You can seek to modify the support via court filings, but it depends on the prior orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
You can seek to modify the support via court filings, but it depends on the prior orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
Q: Hello, My boys are over 18 and my ex won't allow me to see them, does he have this right even when they are adults.
Ali Ebrahimzadeh, Esq.'s answer
Adults choose on their own what parent they want to spend time with. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Adults choose on their own what parent they want to spend time with. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: I have a 6 year old I'm in the middle of trying to get custody of her, What can I do if she's not being cared for
Ali Ebrahimzadeh, Esq.'s answer
You can file for custody and visitation rights, and you may seek to file for an emergency order. You can report child abuse/ neglect to the police and to CPS. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
You can file for custody and visitation rights, and you may seek to file for an emergency order. You can report child abuse/ neglect to the police and to CPS. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: Im 15 and being treated bad at home by mom, can i move to live with my older brother.
1 Answer
| Asked
in
Family Law, Adoption and Child Custody
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can report child abuse/ neglect to CPS and the police. You can file for emancipation, or your brother can file to become your guardian. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
You can report child abuse/ neglect to CPS and the police. You can file for emancipation, or your brother can file to become your guardian. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
Q: I have been divorced for about 10 years but i was clueless about these legal process i realized inever got divorced
1 Answer
| Asked
in
Child Custody, Divorce and Family Law
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can contact the court clerk for a copy of your filings. If you never were divorced, you can file now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
You can contact the court clerk for a copy of your filings. If you never were divorced, you can file now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: I went to mediation with the mother of my children came to an agreement but never signed.can I break the agreement?
2 Answers
| Asked
in
Arbitration / Mediation Law, Child Custody and Family Law
for
California
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Tobie Brina Waxman's answer
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
There is no agreement. If you didn't sign it, it's not an agreement, thus nothing to break.
Q: I am a DPOA and need to ask some questions re: responsibility and authority in this capacity. McPhrson County, Kansas.
Scott C. Stockwell's answer
The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.
The Kansas Elder Law Hotline provides assistance to senior citizens aged 60 and over and to the persons who provide assistance to them. The phone number of the Kansas Elder Hotline is 888-353-5337.
Q: I am going through a separation in NC. He left the house. He then asked me for divorce and I'm ok with that. Now he is
Amanda Bowden Houser's answer
Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
Q: I'm 17 I turn 18 in two months I'm pregnant my boy friend Is 25
Amanda Bowden Houser's answer
The age of consent in NC is 16 so your boyfriend won't get into any trouble for getting you pregnant, although he likely should. As for you, until you turn 18, your mom can pretty much make you do whatever she wants including forbidding you from contact with the boyfriend and she can press charges if he violates that. After you turn 18 - you are on your own. Best of luck, you will need it.
The age of consent in NC is 16 so your boyfriend won't get into any trouble for getting you pregnant, although he likely should. As for you, until you turn 18, your mom can pretty much make you do whatever she wants including forbidding you from contact with the boyfriend and she can press charges if he violates that. After you turn 18 - you are on your own. Best of luck, you will need it.
Q: Do I need to comply with my FJ of Div if I'm going to file a mot for rehearing? Or is it stayed pending the ct's ruling?
Rand Scott Lieber's answer
Generally speaking, a motion for rehearing does not automatically stay an order. There are many variables such as how time sensitive the order's requirements are. For example, you cannot simply file a motion for rehearing, make no effort to schedule that motion for hearing, and then not comply with the original court order.
Generally speaking, a motion for rehearing does not automatically stay an order. There are many variables such as how time sensitive the order's requirements are. For example, you cannot simply file a motion for rehearing, make no effort to schedule that motion for hearing, and then not comply with the original court order.
Q: Me and my children's father were never married and there was never a custody done through the courts. But he pays child
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Ohio
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Joseph Jaap's answer
Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and then advise you. You currently have legal custody of both, and you determine where they will live, but if the father goes to court, the court could grant him parenting rights and specify where each will live. The court could require them to stay in Ohio. Consult an attorney.
Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and then advise you. You currently have legal custody of both, and you determine where they will live, but if the father goes to court, the court could grant him parenting rights and specify where each will live. The court could require them to stay in Ohio. Consult an attorney.
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