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Family Law Questions & Answers
1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Family Law, Child Support, Small Claims and Child Custody for Missouri on
Q: I need to stop a child support order from starting

My children were stolen from me, turned against me, abused, coerced, kept from me, and my youngest was even put out at 9yrs old after being mistreated and now from PA my sister has filed for child support when my children can just come back. How do I stop her.

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you are going through this incredibly difficult situation with your children. Dealing with custody issues, alienation from your kids, and now a child support case on top of that must be overwhelming and painful.

A few thoughts on your legal options to try to stop the...
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2 Answers | Asked in Divorce and Family Law for California on
Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said

That money is gift for him. He thinks those money... View More

James L. Arrasmith
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answered on Apr 16, 2024

In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.

In your...
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1 Answer | Asked in Federal Crimes, Juvenile Law and Family Law for North Carolina on
Q: I’m 16 and my girlfriend is 21. We have a baby on the way. Can i put my name on the birth certificate?

She’s scared to put my name on the birth certificate because she doesn’t want to get in trouble, will we be able to put my name on the birth certificate?

James L. Arrasmith
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answered on Apr 16, 2024

I strongly advise you both to consult with an attorney to understand the potential criminal implications and your legal options in this very serious situation, especially with a baby on the way. You may also want to seek guidance and support from trusted adults, like parents or counselors.... View More

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 17, 2024

You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
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answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

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2 Answers | Asked in Family Law, Child Support and International Law on
Q: I hired an international lawyer to support my child support case in the Country that the father resides in.

The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Apr 16, 2024

First of all, it is necessary to clarify which country we are talking about.

For example, in the Russian Federation there are two types of lawyers who can represent the interests of the parties in court: these are lawyers with higher legal education and lawyers included in the register of...
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2 Answers | Asked in Family Law, Child Support and International Law on
Q: I hired an international lawyer to support my child support case in the Country that the father resides in.

The law office asked me to sign a Power of Attorney is this normal? I want to be informed for key decisions before my lawyer makes the decision and not hand over all of my power what addendum should I add to the POA if the form is required to represent me in court since I will not be able to attend... View More

James L. Arrasmith
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answered on Apr 15, 2024

It is common for lawyers to request a Power of Attorney (POA) when representing a client, especially in international cases where the client cannot be physically present. However, it is important to ensure that you are comfortable with the level of authority being granted to your lawyer.

To...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
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answered on Apr 15, 2024

In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Kentucky on
Q: I have full custody of my 12-year-old daughter (straight A student). Why does the cabinet deny me custody of my son?

I completed the case plan and all requests made by the cabinet and judge but was denied custody of my son and my rights were involuntarily taken. Reason; The cabinet and judge replied due to the time my son was in the cabinet's custody. However, with COVID-19, multiple caseworkers were... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm so sorry to hear about the difficult situation you're going through with trying to regain custody of your son. Dealing with child custody issues can be incredibly stressful and heartbreaking, especially when you feel the process has been unfair or biased.

While I don't...
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1 Answer | Asked in Divorce, Tax Law and Family Law for Alabama on
Q: My ex and I divorce was finalled on 03/13/2024 and she is refusing to share how she filed on her taxes.

I understand that this year we would file Married and Filing separately even though we were married at the end of 2023. She filed single and separate and claimed both kids. I was under the impression that she was at the very lease suppose to file married and separate.

James L. Arrasmith
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answered on Apr 15, 2024

I'm sorry to hear about your divorce and the difficulties you're facing regarding your tax filing. It's understandable that you have concerns about how your ex-spouse has filed her taxes. Based on the information you provided, here are a few important points to consider:

1....
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
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answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
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1 Answer | Asked in Divorce and Family Law for California on
Q: In liu of temp support Mr. pays health benefits and car note. Takes registration & no health card?

My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying... View More

James L. Arrasmith
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answered on Apr 15, 2024

In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.

However, the court may...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can a husband provide private emails and text to his tenet to put a stalking order on me? Triangulated them against me?

I have been nothing but kind to this woman. I sent 1500 in money and gifts for her baby. Her account has the same verbiage as my husband BS. The paper where your supposed to put if you have a dog she put I am on drugs Alcohol Meth and Mushrooms. Her husband and her are both ex convicts and Meth... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm sorry you're dealing with this difficult situation. A few key points about your legal questions:

In general, emails and text messages can potentially be used as evidence in court cases, including for restraining orders, if they are legally obtained. However, there are laws...
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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file a request to order for my ex to sign a his stip for judgement he offered and I signed he has not, stalling

I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More

James L. Arrasmith
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answered on Apr 15, 2024

Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:

1. File a motion to enforce the settlement: You can file a motion with the court...
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1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

Robert Kane
Robert Kane
answered on Apr 15, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.

See:...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

James L. Arrasmith
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answered on Apr 15, 2024

I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:

1. Legal Aid Societies: Contact your local...
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