Lawyers, Answer Questions  & Get Points Log In
Public Benefits Questions & Answers
1 Answer | Asked in Child Custody and Public Benefits for Massachusetts on
Q: I was given custody of non biological child by the father,whom had full custody.what do I do next,if there's anything?

I have been already help raise this child for 10 yrs his father recently received full custody of him due to other biological parent did not respond to letters or show up at court,they awarded him full custody. Now he has gone to jail and gave me full custody rights to his son. The paperwork is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 15, 2021

You question is a bit shy on the procedural background. So there should be a Guardianship of Minor Petition and Petition for appointment as Temporary Guardian. Has that occurred? Otherwise has the DCF commenced a care and protection case in the district court? It sounds like adoption proceedings... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Real Estate Law, Construction Law, Public Benefits and Securities Law on
Q: suppose if a building collapses ,and the building have 10 flats aand 10 owners, who will pay back the loss
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

The answer to this question could depend on a number of factors. A geographic region was not included, but that would normally be relevant in terms of applicable state laws for zoning, building codes, fire safety, and areas. In general, some of the factors could include liability (who caused the... Read more »

1 Answer | Asked in Family Law and Public Benefits for Texas on
Q: What type of identification should I take with me in order to move out at 18?

I trying to move out of my parents house, but I don’t know what identification/documents should I take with me.

Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

I suggest you take all of your property and especially all of your identification. You probably have a drivers license, birth certificate and social security card, but take it all and whatever else you have. It's also a good idea to start a list of these kinds of documents, as well as... Read more »

1 Answer | Asked in Public Benefits and Real Estate Law for Florida on
Q: This is in question of a land grab through a private person, selling to a public entity, thus the public interest.

Can a partial release of an easement be acquired and not held against those whose actual property is not adjacent to the original easement in question?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

What?

2 Answers | Asked in Bankruptcy, Gov & Administrative Law, Public Benefits and Small Claims on
Q: When am I going to get my money

For the first time in the last few years ago when I was Powerball tickets online

David Luther Woodward
David Luther Woodward answered on Jan 11, 2021

What money?

View More Answers

1 Answer | Asked in Identity Theft, Public Benefits and Social Security for Rhode Island on
Q: My daughter's father died in Jan '20 the 1st stim. check still went to him and I never got it. How do I get the 2nd ch

He received the first stimulus check to his address I'm assuming his mother took it because I never got it. After he died Jan 2nd 2020 his father did his taxes and claimed my daughter so will my second stimulus check be sent there also? How do I make sure that it goes to the right place. Also... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 5, 2021

The IRS handles the Economic Income Payments (stimulus checks). IRS will be issuing the second round of payments based on the information the IRS has on file for your 2019 tax return, the information provided by Non-Filers tool, payment information entered on the Get My Payment tool, or information... Read more »

1 Answer | Asked in Civil Rights, Public Benefits and Social Security for Washington on
Q: after the car has been towed for 45 days, the car has been sold by “Wallys towing”. What should I do?

I am an international student, and I had a car ins Seattle. Because of COVID-19, I planned to go back to my home country, and I will go back to America in next year. My friend who live in Seattle taken care my car, he parked my car on the side of the road, but the car was towed away. After the car... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

Your problem should be dealt with under state or local city law. That means to get the right answer, you need to ask your questions to a Washington State attorney.

I am a Utah attorney. If a car is left too long in the public space in Utah, a tow company can tow it, and eventually sell it....
Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Texas on
Q: Could you clarify how/why the minority of the Court favours an economic model of state paternalism / social democracy?

This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

There's considerable discussion and material on this case online. It could take some effort to narrow the issues down to the specific manner outlined in the description above. One starting point could be the U.S. Supreme Court's blog -... Read more »

1 Answer | Asked in Appeals / Appellate Law, Estate Planning, Family Law and Public Benefits for Wyoming on
Q: Can a Wyoming Supreme Court decision regarding a family trust and will be appealed or overturned in any way?
Tim Akpinar
Tim Akpinar answered on Oct 24, 2020

A Wyoming attorney could advise best here, but your question remains open for three weeks. Until you are able to consult with a local attorney, this is what the website of the Supreme Court of Wyoming says, which is public view to everyone, attorneys and non-attorneys alike:

The Supreme...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
Charles William Michaels answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »

Mark Oakley
Mark Oakley answered on Oct 7, 2020

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: I would like to receive the Opinion of the California Supreme Court rendered on July 30, 2020, regarding pensions.

The opinion of the Court resolved the eligibility of former public employees to receive pensions that are based on incomes that include overtime, or increased pay for extra work on the part of the employees. This opinion was rendered on July 30, 2020, and it interpreted legislation that was... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 14, 2020

California Supreme Court opinions are published without charge onto the internet. I think this is the case you seek: https://www.courts.ca.gov/opinions/documents/S247095.PDF

Good luck to you.

1 Answer | Asked in Criminal Law and Public Benefits for Kentucky on
Q: Indicted on Medicaid Fraud in Hardin Co KY

I did not know that I even had Medicaid. Then I receive a notice from the court that I was indicted by the grand jury for fraud in Hardin County. At the time I was going to school to be an RN and was raising 4 children. I am married but the time frame they are stating he was unemployed. I never did... Read more »

Timothy Denison
Timothy Denison answered on Aug 30, 2020

You need to find and hire a competent criminal defense attorney immediately who can help you get out in front of this.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Alabama on
Q: What does this mean when there is no period listed as disqualification? Do I need to file an appeal or get a lawyer?

"Discharge for Misconduct: You will be disqualified for the period indicated and the maximum amount of benefits to which you may become entitled after the disqualification period will be reduced."

Also, there was no misconduct on my side. I have the entire termination process... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

An Alabama attorney could best advise, but you await a response for four weeks. From your description, this looks like a matter related to termination and eligibility for unemployment benefits. You could repost and add Employment Law as a category, or you could reach out to Alabama employment... Read more »

1 Answer | Asked in Business Law, Products Liability and Public Benefits for Tennessee on
Q: Can you sell food in Tennessee past the use thru date printed on the package

Or if there are any loopholes that would allow litigation/investigation

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

A Tennessee attorney could answer best but your question remains open for five weeks. You might look into whether the Tennessee Department of Agriculture or U.S. Food and Drug Administration's Nashville office could offer you input. In terms of litigation, if someone became ill from spoiled... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.