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1 Answer | Asked in Family Law for Maine on
Q: My ex husband was fired from his job and has not paid alimony. We have 2 kids that live with me now and there is no

Court order for child support bc at the time of divorce they lived with him. Motion to modify?? Where should I start

Robert Guillory Esq
Robert Guillory Esq answered on Jan 28, 2020

You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex... Read more »

1 Answer | Asked in Immigration Law for Maine on
Q: My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school

My partner has no proof that he is in the US legally. He came from Canada when he was a teenager to go to private school. He has a social security card but a Canadian birth certificate and no other information. He was born in Canada and adopted as a baby, his mother is a US Citizen and his father... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 27, 2020

Assuming you are a US citizen, you can marry him and apply for permanent residence. Your partner either came as a foreign student (F-1 visa status) or as a visitor. The school probably has records that will help establish how he came into the USA. The point is to show he made a LEGAL entry,... Read more »

2 Answers | Asked in Criminal Law for Maine on
Q: How long does a felony 1st appearance in Maine take? Do you have to wait until everyone's done before leaving?

Hi,

I previously asked about how long a felony first appearance in Maine takes, and if there's a bathroom break. I received an answer that first appearances, unlike arraingment, don't take very long, and a bathroom break is therefore unnecessary.

First of all: thanks for that... Read more »

William T. Bly Esq
William T. Bly Esq answered on Jan 22, 2020

That is correct. You might be waiting for a long time for the judge to call your name. FYI, if you're seeking representation for a criminal charge, and it sounds like it's a felony, please consider calling my office to setup a consultation. Thanks and good luck.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maine on
Q: fictitious inspection sticker in ME, 1st offense

My husband was recently pulled over and was ticketed for no proof of insurance, we have it although the card wasnt in his car. Also got summons for display of fictitious inspection sticker.This is a 1st offense, what are the penalties, and will there be jail time?

Hunter J Tzovarras
Hunter J Tzovarras answered on Jan 20, 2020

On the insurance, if you contest the ticket and send in proof of insurance that ticket should be dismissed.

On the inspection sticker charge, it is a class E misdemeanor that carries a maximum penalty of 180 days in jail and $1000 fine. Those are the maximum penalties. Jail time is not...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: How long does 1st appearance in Maine take? Can you go to bathroom in the middle? At what point are you considered done?
William T. Bly Esq
William T. Bly Esq answered on Jan 17, 2020

There is a difference between an initial appearance and an arraignment. An initial appearance is reserved for felony charges. At that hearing, the judge will discuss the charges with you, ensure you understand the maximum penalties allowed by law (if convicted), set bail (if not already set) and... Read more »

1 Answer | Asked in Employment Law for Maine on
Q: I am a full time hourly employee in Maine. Am I guaranteed a certain # of hours per week?

A mechanical issue reduced the need for employees and I was sent home. Losing a days pay.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 15, 2020

The Fair Labor Standards Act does not require that employers give their employees a minimum number of hours to work; it only requires that employees be paid at least minimum wage for each hour worked. If you were sent home (and thus did not perform work) during this mechanical issue, there is no... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maine on
Q: In Maine, at what point in the pre-trial process is a person released, and how would someone's bail be denied?

So to clarify my question a little more:

I'm a writer, and looking to do some research for my book. In it, someone is arrested on a felony, and the prosecution argues that he's dangerous and his bail should be denied.

So firstly: at what stage would the prosecution argue this?... Read more »

Hunter J Tzovarras
Hunter J Tzovarras answered on Jan 11, 2020

The bail would be argued at the initial appearance.

If someone is granted bail they are released right away after the initial appearance.

Hope that helps. Thanks

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord told me i was gonna be served by the sheriff and then told me no messing around.

My rent is due the 1st of the month. I sent my check out and it must of gotten lost in the mail. So the landlord emailed me and said " As of yesterday, December 11, I had not received rent for the month of December 2019 which was due on December 1. Pursuant to your lease, you are now also... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 9, 2020

No, this is not harassment, but there are several potential issues here. One you may want to explore is, assuming this is a residential lease, the maximum late fee for rent not paid within 15 days after it is due is 4% of one month's rent. So, if your rent is $950 per month, the late fee cannot... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maine on
Q: Hello my name is Ashley, I asked Aaron’s to get there stuff 6 months ago and they have not can I legally keep it?

Aaron’s closed its rockland maine shop and I asked them to get there stuff Because I was selling the house and they said they didn’t want to cause they are closing to and to ask another Aaron’s company to collect it so we did and basically got the run around anyways I have received many calls... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 25, 2019

If you have a landlord/tenant situation, you want to review this: https://www.mainelegislature.org/legis/statutes/14/title14sec6013.html

If not, I suggest you review this: https://www.maine.gov/treasurer/Maine%20UP%20Reporting%20Manual.pdf

If this was a rental-purchase situation,...
Read more »

1 Answer | Asked in Divorce for Maine on
Q: Can't find ex to have her served what can I do to get a divorce

Had the sheriff serve her twice no luck money gone told putting something in the newspaper ? Do I neee to refine the divorce paperwork?? Help

Robert Guillory Esq
Robert Guillory Esq answered on Dec 16, 2019

You will have to file a motion for alternative service if you cannot find her. Do you have her email address, one that she responds to when you email her? if so you could ask the court to order that service by electronic mail be deemed ok. you will need an affidavit from the sheriff that he/she... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Did I rightfully deduct for damages from a tenant who took over ownership from her grandmother?
Fred Bopp III
Fred Bopp III answered on Dec 8, 2019

In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the... Read more »

1 Answer | Asked in Probate for Maine on
Q: can legally married but long separated sister-in-law and adult grandchild get inheritance from mom's estate ?

My mom's Will states house/property to be divided equally between myself and 2 siblings. One sibling has deceased. The will states if a child predeceases my mother (which he did) their part will be equally divided between remaining siblings. My deceased sibling was separated many years but still... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My boyfriend is going to be charged with a disorderly conduct

We live in state housing and he is on the lease can the landlord kick him out?

Fred Bopp III
Fred Bopp III answered on Nov 25, 2019

You need to look at the terms of your lease.

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I filed a summons with notice in NY.Defendant ignored Summons & filed complaint in Maine based on same dispute.allowed?

The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 20, 2019

The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000 inhabitants may not be... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: If someone owed 2 months back rent does the landlord have to give back the deposit?

I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to give someone renting a room in my house a key to my garage?

My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 12, 2019

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

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