Mississippi Questions & Answers by Practice Area
- Bankruptcy
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Mississippi Questions & Answers
Q: The couple has been separated for 13 years and father was unable to find her or see the kids. He was served CS papers in
Arthur Calderon's answer
It depends. Was there an initial order in place establishing child support for the minor children? If so, then each time that a child support became due, it vested, such that he will likely be unable to discharge it.
It depends. Was there an initial order in place establishing child support for the minor children? If so, then each time that a child support became due, it vested, such that he will likely be unable to discharge it.
Q: Can you ask for/receive child support after a divorce and the papers say "you don't want support or alimony"?
Arthur Calderon's answer
You can, depending on the circumstances. Typically, to change or establish child support, you will need to show that there have been a change in circumstances that warrant modification of the divorce decree to establish child support. Of course, the wording of the divorce decree is also important, as is whether the children are accepting any government benefits.
You can, depending on the circumstances. Typically, to change or establish child support, you will need to show that there have been a change in circumstances that warrant modification of the divorce decree to establish child support. Of course, the wording of the divorce decree is also important, as is whether the children are accepting any government benefits.
Q: I am a born US citizen. I am legally married to a Romanian woman living in Romania. We just had a daughter.
Rehim Babaoglu's answer
You will need to file a form I-130 (Immediate relative petition) for your wife and a separate US citizenship certificate application for your daughter. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case maximize the possibilities for a successful result. They should be able to join you by...
You will need to file a form I-130 (Immediate relative petition) for your wife and a separate US citizenship certificate application for your daughter. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case maximize the possibilities for a successful result. They should be able to join you by...
Q: Having custody of my grandson should I let him go out of state to visit his father who is working out of state?
Arthur Calderon's answer
Without more information, it is rather difficult to answer this question. What were the circumstances of you having custody? Was there an order ever issued allowing the father to have some sort of visitation? If so, what were the provisions explained in that order?
Without more information, it is rather difficult to answer this question. What were the circumstances of you having custody? Was there an order ever issued allowing the father to have some sort of visitation? If so, what were the provisions explained in that order?
Q: I am uninsured and was in an accident. Would like to know what to expect
Arthur Calderon's answer
You need to contact an attorney immediately. During your conversation with the attorney, you need to disclose all of the details re the accident, including whether the other person was at fault, did they have insurance, the nature of any injuries, etc.
You need to contact an attorney immediately. During your conversation with the attorney, you need to disclose all of the details re the accident, including whether the other person was at fault, did they have insurance, the nature of any injuries, etc.
Q: I gave my security deposit to a landlord on yesterday, I no longer wish to rent the apartment, am I able to get it back?
Arthur Calderon's answer
You may be able to recover the security deposit, particularly in light of the fact that you have not signed a lease yet. Typically, security deposits are only used to cover any sort of damage to the property, or if someone skips out on paying rent or breaks their lease.
You may be able to recover the security deposit, particularly in light of the fact that you have not signed a lease yet. Typically, security deposits are only used to cover any sort of damage to the property, or if someone skips out on paying rent or breaks their lease.
Q: Recently gave a house I owned to daughter. I still own my residence with a loan on I can repay
Cristina M. Lipan's answer
The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
The VA benefits are not an issue. However, your giving the home to your daughter is an issue, and a trustee may be able to sell the property to pay your creditors.
Information provided for informational purposes only and should not be taken as legal advice.
Q: Any new laws for arm robbery in state of Mississippi?
Arthur Calderon's answer
Generally, armed robbery is a violent crime, where the defendant, if convicted, is not eligible for any sort of early release.
Generally, armed robbery is a violent crime, where the defendant, if convicted, is not eligible for any sort of early release.
Q: My parents did not have a will our family home is in my mother's name. My parents verbally said the house was to be
Arthur Calderon's answer
First and foremost, you will need to consult with an attorney to discuss the steps to open up an estate for your parent. Additionally, because we are talking about a family home, part of the analysis will hinge on how the relevant deed is set up.
First and foremost, you will need to consult with an attorney to discuss the steps to open up an estate for your parent. Additionally, because we are talking about a family home, part of the analysis will hinge on how the relevant deed is set up.
Q: This is a question about rental property
Arthur Calderon's answer
Perhaps, particularly if the landlord informed you that you were not to come back on the premises, which is any of the property owned or managed by the landlord.
Perhaps, particularly if the landlord informed you that you were not to come back on the premises, which is any of the property owned or managed by the landlord.
Q: Do Sonic fast food restaurants tell the amount you have on your card, on the receipt?
Arthur Calderon's answer
Not necessarily. Your best bet would be to see if perhaps the initial transaction was cancelled out. Regardless, if you review your account and see a double charge, you could reach out to the manager and see about getting a refund on one of the transactions.
Not necessarily. Your best bet would be to see if perhaps the initial transaction was cancelled out. Regardless, if you review your account and see a double charge, you could reach out to the manager and see about getting a refund on one of the transactions.
Q: Will I lose costody?
Arthur Calderon's answer
In order to prevail on a custody modification, she will have to prove that there has been a material change in circumstances that negatively impacts the child, which is a particularly high standard. During any litigation involving this, the judge will first determine whether that standard has been met, and will then look at additional factors to determine whether it is in your son's best interest to transfer custody.
In order to prevail on a custody modification, she will have to prove that there has been a material change in circumstances that negatively impacts the child, which is a particularly high standard. During any litigation involving this, the judge will first determine whether that standard has been met, and will then look at additional factors to determine whether it is in your son's best interest to transfer custody.
Q: Can a lawyer get my husband out of jail if he was charged with grand larceny? He has 8 years and he's a trustee
Arthur Calderon's answer
You will need to consult an attorney to review the facts of your case. If I understand your question correctly, your husband was arrested while still participating in drug court; however, he was bonded out and is waiting to see what happens with the current grand larceny charge. You may need to clarify his status as a trustee.
You will need to consult an attorney to review the facts of your case. If I understand your question correctly, your husband was arrested while still participating in drug court; however, he was bonded out and is waiting to see what happens with the current grand larceny charge. You may need to clarify his status as a trustee.
Q: If a inmate is his second offense in Mississippi with enhanced penalty be eligible for parole
Arthur Calderon's answer
It depends on the situation, and the nature of the enhanced penalty. Typically, a person who is convicted for a violent crime is ineligible for any type of early release while they are in custody of MDOC. If they are convicted as an 81 habitual offender then they must serve the full amount of the sentence for the underlying crime, and if they are convicted as an 83 habitual offender, then they are looking at life in MDOC.
It depends on the situation, and the nature of the enhanced penalty. Typically, a person who is convicted for a violent crime is ineligible for any type of early release while they are in custody of MDOC. If they are convicted as an 81 habitual offender then they must serve the full amount of the sentence for the underlying crime, and if they are convicted as an 83 habitual offender, then they are looking at life in MDOC.
Q: Who would have custody of my daughter on just a Gardian ship paper I never signed but wife and her mom did
Arthur Calderon's answer
You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the guardianship, and consult an experienced family law attorney.
You may be able to petition the court to ensure that your daughter is returned to you. Typically, guardianships are temporary, and may terminated at any time by the party who authorized the guardianship. Your best bet would be to gather any and all necessary legal documents related to the guardianship, and consult an experienced family law attorney.
Q: I have been terminated by my physician. No reason was given. what are my options?
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Mississippi
on
Answered on Apr 4, 2018
Answered on Apr 4, 2018
Arthur Calderon's answer
Your best bet would be to contact an attorney experienced in medical malpractice to discuss your case. Like any relationship, the one between a doctor and their patient may be terminated by either party. The issue in your case is whether there is a continuing duty on the part of the physician to continue providing care while knowing that you require ongoing care.
Your best bet would be to contact an attorney experienced in medical malpractice to discuss your case. Like any relationship, the one between a doctor and their patient may be terminated by either party. The issue in your case is whether there is a continuing duty on the part of the physician to continue providing care while knowing that you require ongoing care.
Q: Can I buy a gun with perjury on my record it happen in 2003 or 2004 i was 17 or 18 at the time
Arthur Calderon's answer
From the looks of it, you are likely eligible for an expunction of the perjury conviction from your record, which would restore your gun rights. My recommendation would be to contact a criminal defense attorney, who can further discuss your case and walk you through the process to get your record expunged.
From the looks of it, you are likely eligible for an expunction of the perjury conviction from your record, which would restore your gun rights. My recommendation would be to contact a criminal defense attorney, who can further discuss your case and walk you through the process to get your record expunged.
Q: hired a realty company to manage property and they didn’t pay utilities, do a walk through or collect security deposit.
Arthur Calderon's answer
Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying particular bills, then they be responsible for misappropriating the funds that they received, and therefore could be liable.
Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying particular bills, then they be responsible for misappropriating the funds that they received, and therefore could be liable.
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