Maine Questions & Answers by Practice Area
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Maine Questions & Answers
Q: DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all
Robert Guillory Esq's answer
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of course if yoiu do this dhhs may become involved again.
Q: I am paying a% alimony. The decree states that I pay until she remarries or is 67. I want to retire at 62she will be 60
Robert Guillory Esq's answer
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...
It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or have trouble doing the same job, then you can file a motion to modify the divorce judgment to either lower or eliminate the spousal support award. The court will look at your current income including...
Q: My daughter has 5 class c felonies and a violation of an 18 month divered disposition agreement how much time ?
Zachary J. Smith's answer
If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
If she has an attorney, she needs to consult with him or her. But generally when someone violates a deferred disposition agreement the "bad outcome" described in the agreement results.
Q: if I go with somebody and else and my parents call the police on me do they have to take me back home to my parents?
Edward Chris L'Hommedieu's answer
That depends on your age and maturity.
If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.
If you are 17, different story.
You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have no assets.
Sorry you're going through this...
That depends on your age and maturity.
If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.
If you are 17, different story.
You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have no assets.
Sorry you're going through this...
Q: My husband and I just moved from NC to Maine. We have lived in Maine two weeks. Where do I file for legal separation?
Joe Lewis' answer
Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Real Estate Law
for
Maine
on
Answered on Feb 22, 2018
Answered on Feb 22, 2018
Elliott R. Teel Esq's answer
More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.
Depending on the problem with the title, it may not be worth exercising your option right now.
More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.
Depending on the problem with the title, it may not be worth exercising your option right now.
Q: I got hurt at work and had to lie down to try to help my back boss walked in and thoght I was sleep he did not let me ex
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Maine
on
Answered on Feb 21, 2018
Answered on Feb 21, 2018
Salim U. Shaikh's answer
Immediately get a doctor's opinion and report be shard with your Attorney of local jurisdiction for specific advice and guidance. Your due process rights were violated beside human rights and discriminatory treatment.
Immediately get a doctor's opinion and report be shard with your Attorney of local jurisdiction for specific advice and guidance. Your due process rights were violated beside human rights and discriminatory treatment.
Q: I’m an only child who’s dad passed away. Can I give permission for one of his siblings to help me make decisions?
1 Answer
| Asked
in
Workers' Compensation, Lemon Law, Probate and Wrongful Death
for
Maine
on
Answered on Feb 11, 2018
Answered on Feb 11, 2018
Peter Munsing's answer
Suggest you contact an elder law attorney as they handle similar issues. You can get them to be able to make decisions but you first want to protect yourself which is why I suggest an elderlaw attorney. They should be a certified elder law attorney.
Suggest you contact an elder law attorney as they handle similar issues. You can get them to be able to make decisions but you first want to protect yourself which is why I suggest an elderlaw attorney. They should be a certified elder law attorney.
Q: If I marry a UK citizen in London, what's the process for bringing my wife to live here?
Randall Drew's answer
You will have to file a petition for her to immigrate to the United States. She cannot fly back with you after the marriage ceremony. It actually takes several months for a petition to be approved by USCIS. Then she has to apply for a visa with the US Department of State. There is a medical exam, police clearances, and an interview at the US Embassy. Then they will send her back her passport with the visa in it. She has to then go online and pay a fee to have her greencard produced before she...
You will have to file a petition for her to immigrate to the United States. She cannot fly back with you after the marriage ceremony. It actually takes several months for a petition to be approved by USCIS. Then she has to apply for a visa with the US Department of State. There is a medical exam, police clearances, and an interview at the US Embassy. Then they will send her back her passport with the visa in it. She has to then go online and pay a fee to have her greencard produced before she...
Q: I recently rented an apartment for the price of 1,300 a month and I cant finish the lease can I go to court for that?
Salim U. Shaikh's answer
If your notice was within the stipulated time then you may move out to your new location handing over the possession and key to her witnessed by other(s). She is bound to reimburse your deposit, if any.
If your notice was within the stipulated time then you may move out to your new location handing over the possession and key to her witnessed by other(s). She is bound to reimburse your deposit, if any.
Q: My wife and I have an amicable agreement regarding marital property and money. Do we still have to fill out form 43?
Joe Lewis' answer
Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.
Congratulations on getting this done amicably!
- Joe
Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.
Congratulations on getting this done amicably!
- Joe
Q: Grandfather died,left everything to my deceased father. My cousin wants me to sign a non-compete form. Why?
Joe Lewis' answer
You totally have something to do with it ... if you want to inherit the crappy home trailer and anything else that might be in your grandfather's estate. Based strictly on what you are sharing here for information, it seems like you (and any of your siblings) are in line to inherit your father's share of the estate.
There is no such thing as a non-compete form in Maine probate law, so I don't know what that's all about. I do believe, however, that your cousin and your grandfather's...
You totally have something to do with it ... if you want to inherit the crappy home trailer and anything else that might be in your grandfather's estate. Based strictly on what you are sharing here for information, it seems like you (and any of your siblings) are in line to inherit your father's share of the estate.
There is no such thing as a non-compete form in Maine probate law, so I don't know what that's all about. I do believe, however, that your cousin and your grandfather's...
Q: Is there such thing as a childs fair share in maine? My brother was my mothers P>O>A and she passed a month ago.
Daniel J. Eccher's answer
Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second question, you seem to be questioning your brother’s actions as your mother’s agent under power of attorney during her lifetime. An agent under power of attorney has a fiduciary duty to the principal (in...
Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second question, you seem to be questioning your brother’s actions as your mother’s agent under power of attorney during her lifetime. An agent under power of attorney has a fiduciary duty to the principal (in...
Q: what kinds question I ask in probate court ?
Daniel J. Eccher's answer
I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to Continue” – that is, to delay any upcoming hearing (assuming you want it delayed) – that would give you a) more time to find a new attorney and/or b) more time to prepare.
Second, you should...
I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to Continue” – that is, to delay any upcoming hearing (assuming you want it delayed) – that would give you a) more time to find a new attorney and/or b) more time to prepare.
Second, you should...
Q: What should you do when you know that your ex has lied/omitted financial information on a child support affidavit ?
Joe Lewis' answer
Hi there.
The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here: http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2001.html (subsection 5)
Other financial information can also come into play in a child support case because Maine law allows for a deviation from guideline child support...
Hi there.
The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here: http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2001.html (subsection 5)
Other financial information can also come into play in a child support case because Maine law allows for a deviation from guideline child support...
Q: what is the statuet of limitations about a girl claimed i threatened her 24 years ago in maine at work which was a lie w
Salim U. Shaikh's answer
Did she define her real threat 24 years ago? Or just blackmailing for ....? She may lose her claim provided her contention was to keep in abeyance for certain time but that's only applicable where there is a real life threat. Please check your employer's administrative / HR rules if that forego limitation period which is indefinite for threats that she assumed.
Did she define her real threat 24 years ago? Or just blackmailing for ....? She may lose her claim provided her contention was to keep in abeyance for certain time but that's only applicable where there is a real life threat. Please check your employer's administrative / HR rules if that forego limitation period which is indefinite for threats that she assumed.
Q: My dog bit my wife when I had my children and the Mom is refusing my visitation because of it. What can I do?
Joe Lewis' answer
As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to consider getting a new order by way of a motion to modify.
That said, it sounds like your children's mom is pretty freaked out by an incident that directly involves your children's environment. I...
As always, if you have court-ordered rights to visitation and your co-parent is getting in the way of that happening, you can simply take her back to court on a motion to enforce or a motion for contempt. If this is a persistent thing, or part of a larger co-parenting problem, you may wish to consider getting a new order by way of a motion to modify.
That said, it sounds like your children's mom is pretty freaked out by an incident that directly involves your children's environment. I...
Q: Married live in Maine everything is in husbands name only. In his will it all goes to me. Problems??
Daniel J. Eccher's answer
“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you.
If he needs assisted living or nursing home care before you do, it would be better for him to transfer assets to your name alone so that he’d be eligible for MaineCare - but he can do that when...
“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you.
If he needs assisted living or nursing home care before you do, it would be better for him to transfer assets to your name alone so that he’d be eligible for MaineCare - but he can do that when...
Q: I'm on ss disability, I took out a signature loan. bankruptcy or singe off?
Nels Hansen's answer
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child...
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child...
Q: would A government student loan be included in bankruptcy or I can’t file bankruptcy on a government loan?
Cristina M. Lipan's answer
Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.
Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.
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