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... View More

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.

Simple answer - the Court Order controls.

That said, my #1 rule in family cases is "be nice". If you can accommodate a different schedule it is the moral thing to do. If the other party is being entirely unreasonable, then you don't have any obligation to accommodate them.... View More

Very very very rarely. In 20 years, I've never seen it apply. They would literally have to be wildly rich.

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... View More

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answered on Apr 1, 2018

Typically, a check issued for property damage does not serve as a release for the personal injury claim. It is best to get the advice and review by a local personal injury injury before taking further action. Insurance companies are well represented by attorneys. You should be represented as well.

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... View More

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.

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.

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,... View More

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... View More

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... View More

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... View More

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... View More

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:... View More

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... View More

“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.... View More

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... View More

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.

It sounds like you may be concerned that your sister may be taking advantage of your father’s assets. Your first concern should be about your father’s well-being. You could make a report to Adult Protective Services at 1-800-624-8404, but they only get involved in the most serious cases. You... View More