Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: Can a tenant terminate a commercial lease in hawaii if the business got robbed twice in 1 year?

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
The answer is contained in the terms of your written lease.

Q: If the custodial parent doesn’t go in office to be served papers, what happens to case?

1 Answer | Asked in Child Support for Hawaii on
Answered on Apr 9, 2019
Robin R. Gregory's answer
I need more information to answer your question. I can only assume you are the father and you filed a case with CSEA? Has paternity already been established? Are you on the birth certificate? Was there a prior order for child support?

I suggest you talk with an attorney who can ask you questions to fill-out the whole story and see the issues.

Once paternity is established, it is unlikely it will be un-established, except through DNA testing.

Here is a scenario that may...

Q: if the other parent isn’t complying with court ordered visitation visits what can I do

1 Answer | Asked in Child Custody for Hawaii on
Answered on Apr 9, 2019
Robin R. Gregory's answer
I need more information to understand the answer you seek. I suggest you retain an attorney, give the whole story, and discuss your options. For example: If the other parent is not returning the child on time, you can file a motion to enforce a court order.

If the other parent is not visiting the child as much as allowed by the court, there is nothing you can do, as you cannot force a parent to visit the child. Further, the other parent's lack of participation in visitation does not...

Q: My son's biological father has not see him in 2.5yrs & no $ in 8months, can I get his parental rights terminated?

1 Answer | Asked in Family Law, Child Custody and Child Support for Hawaii on
Answered on Apr 9, 2019
Robin R. Gregory's answer
This is a complex issue and no "one way" to go about accomplishing your goal. Also, I would need to get more information before determining what is the "best" way to proceed. I suggest you retain an attorney and discuss your options. I have seen biological fathers who have no interest in the child, give-up parental rights when faced with paying child support. But that is just one route you could take - possibly under the Uniform Desertion and Non-Support Act (HRS 575-2)

It looks like...

Q: is a credit union required to send a notice when closing a checking account due to negative balance

1 Answer | Asked in Banking for Hawaii on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
Yes, most credit unions do send out notices when they are closing an overdrawn account; but the notice may not arrive before they close the account.

Q: Hi, How can I ask the court for temporary support? HRS Title 31 580-9

1 Answer | Asked in Divorce for Hawaii on
Answered on Mar 20, 2019
Shelby N. Ferrer's answer
Yes, HRS 580-9 allows you to petition the court for orders for temporary alimony while you finalize your divorce. You need to file a Motion For Pre-Decree Relief to get a hearing date. The forms are available online at the Hawaii State Judiciary website. You should consult with an attorney to get more specific advice regarding preparing the Motion and other remedies may be available to you.

Q: Will a case be open if I don't give u.a.???? Does CPS really overlook THC?????

1 Answer | Asked in Family Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
I suggest you get an attorney and don't do anything until you speak confidentially, with your attorney. It is illegal to smoke or otherwise ingest marijuana in the State of Hawai'i, unless you have a prescription and it is illegal in the United States. I don't know why CPS would "over look" illegal drug use in an investigation. Normally, if CPS suspects you of illegal drug use, they will open a case. Once you give a UA, you cannot take it back. Get an attorney.

Q: I'm 17, my fiancee is 21, my mom just signed over all rights to my dad, can I get married with just his signature?

1 Answer | Asked in Family Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
If your father is the only parent with parental rights over you, then it would make sense your father's would be the only signature needed for consent for a minor to marry. Or, you can wait until you are 18 and you don't need any parent's signature. Good luck to you.

Q: Is it valid for parents to donate their only property ie house and lot to only 1 child excluding other children?

1 Answer | Asked in Family Law and Real Estate Law for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
If the real property is in another country, the real property is probably governed by the laws of that country. Owners of property can generally give or sell real property to anyone they want. If it is a case of a child using "undue influence" to "force" parents to give property, that is another matter. Still, the laws of the country where the property is situated, likely govern.

Q: PLEASE DIRECT ME IN FINDING AN ATTORNEY, FOR MY SITUATION TO FIND OUT IF I AM DIVORCED, IF NOT GET ONE.

1 Answer | Asked in Child Support, Divorce and Social Security for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
It depends what you are trying to do, what type of attorney you need. From your post, I guess you are trying to not pay the $23K child support. You ask if you are divorced. You can call the Family Courthouse and ask the clerk to look up a possible divorce under your name and your spouse's name. I will guess there is an order of the court, ordering you to pay child support and you are in arrears (have not payed, also called "back child support"). The best time to modify a child support order is...

Q: So I have a daughter I care most about I work so hard to get her to Hawaii. But everytime I try to communicate

1 Answer | Asked in Child Custody for Hawaii on
Answered on Mar 8, 2019
Shelby N. Ferrer's answer
Depending on whether you have a court order in place and what that order says, you can file a motion in court to enforce orders to allow you to communicate or change orders if the current orders are not working. If you do not have an order in place, you will need to file a petition to have the court issue an order. You need to consult with an attorney for specific advice about what path is right for you.

Q: Can the police enter a hotel room and use things found there against me and ubtain search warrants for vehicles I drive

1 Answer | Asked in Civil Rights and Criminal Law for Hawaii on
Answered on Feb 25, 2019
Gary Kollin's answer
Without knowing the particulars of your case, the answer is generally yes

Q: How to handle request for evidence ( tax transcripts ) knowing that I cannot make the deadline ? I may need 2 months.

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Feb 1, 2019
Kelli Y Allen's answer
All you can do is send in what you have and ask for an extension. You could speak with an immigration to handle the response, but there's not anything else he/she could do.

Q: Wrongful foreclosure.excessive force by sheriff's. Should I take a plea?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Hawaii on
Answered on Sep 30, 2018
Gary Kollin's answer
There is no way an internet attorney could advise you based on those limited facts.

Q: Would the IRS call me and tell me that I need to make arrangements to pay monies that I owe?

3 Answers | Asked in Tax Law for Hawaii on
Answered on Sep 17, 2018
Frank Huerta Jr's answer
It sounds like a scammer. The IRS does not call you over the phone to threaten you with jail. I suggest you report the number to the Treasury Inspector General's office (TIGTA) https://www.treasury.gov/tigta/contact.shtml

If you should get another call say that you will report them to TIGTA.

Q: What is a company's board of director's role during a merger?

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
the job of the board of directors is to supervise management (the executive officers). Ordinarily, the board would be heavily involved with the discussions surrounding the merger. At the very least, they'd be part of the discussion of what the board of the merged company would look like, which executives would have what role, what their compensation would be, as well as the compensation for executives who will be departing, and the overall pricing / valuation of the merger.

Q: How do you stop a mediation if you feel like the mediator is not being neutral?

1 Answer | Asked in Arbitration / Mediation Law for Hawaii on
Answered on Sep 15, 2018
Timur Akpinar's answer
I do not practice in Hawaii but I noticed no one picked up your question in three weeks, and at this point, the issue could be moot. If the matter is still pending, it would be advisable for you to consult with an attorney in your area with experience in mediations. The type of mediation is not mentioned here, but mediations and arbitrations in general should have guidelines and rules that govern how they are to be conducted.

Q: What differentiates a federal crimes from one that the state prosecutes?

1 Answer | Asked in Federal Crimes for Hawaii on
Answered on Sep 1, 2018
Gary Kollin's answer
A federal crime is one enumerated in the federal statutes. Some crimes can be both state and federal

Q: Does accepting a plea deal prevent you from being charged with more crimes?

1 Answer | Asked in Federal Crimes for Hawaii on
Answered on Jun 29, 2018
Gary Kollin's answer
Do you have an attorney regarding this plea? Many factors are involved including the exact wording of the plea agreement.

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