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Type: Posts; User: s_cianci

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  1. You have no paternal rights until the baby is...

    You have no paternal rights until the baby is born. You'll have to file the appropriate motion in Family Court after the birth in order to get a judgment to assert your rights to visitation, joint...
  2. Answers
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    756

    To me, it just sounds like two people who've...

    To me, it just sounds like two people who've grown apart or maybe were never really compatible to begin with. It happens. Time to close this chapter in your life and move on.
  3. This sounds very irregular. Wasn't he himself...

    This sounds very irregular. Wasn't he himself notified by the court when to appear? He can file a motion to have the order modified based on faulty information. But he'll have to demonstrate that he...
  4. It depends on the laws of your state. Some...

    It depends on the laws of your state. Some require personal service while others don't.
  5. First of all, she has to establish legal...

    First of all, she has to establish legal residency in Arizona before she can file for divorce, child support or anything else. I don't know about Arizona specifically but in my state one must have...
  6. Answers
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    In the absence of a court order to the contray,...

    In the absence of a court order to the contray, yes, you can. Well, it's possible that he might try ; nobody can really predict whether he would or not. Of course, if he did, there's always the...
  7. Answers
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    The child support can be based on the amount he...

    The child support can be based on the amount he receives for unemployment compensation. Alternatively, you can ask the judge to impute an income figure to him and base the child support on that. If...
  8. Question: Shoplifitting

    by s_cianci
    Answers
    5
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    509

    So you actually got in this guy's car with him?...

    So you actually got in this guy's car with him? Keep in mind that, at the enforcement level, nobody (police officer, security guard, etc.) has the power to "negotiate" anything ; they must follow...
  9. Did you answer the complaint within the specified...

    Did you answer the complaint within the specified time frame in your state? If not, then a default judgment was entered against you.
  10. Question: Credit Card Debt

    by s_cianci
    Answers
    4
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    456

    File a proper answer to the complaint according...

    File a proper answer to the complaint according to the established procedure for your jurisdiction. You should be able to download a sample form online or acquire one from the courthouse library....
  11. My first question to you is how did they get a...

    My first question to you is how did they get a judgment against you? A deposition takes place prior to trial, so with no trial there can be no judgment. Didn't you ask the court to dismiss the case...
  12. Answers
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    899

    Just draft your letter and state the facts, that...

    Just draft your letter and state the facts, that you had to leave your current employment due to your husband being transferred to a new duty station. Appealing will increase your chances of winning...
  13. I know ; I found that out after the fact.

    I know ; I found that out after the fact.
  14. If "Eltman Eltman & Cooper" is a legitimate law...

    If "Eltman Eltman & Cooper" is a legitimate law firm then you can bet that they've "done their homework" as you say and are prepared to go to court with their case against you. If, on the other hand,...
  15. If she does pursue a judgment for child support,...

    If she does pursue a judgment for child support, she can get it retroactively to the day she became his primary physical custodian. I have to ask, why wasn't she paying child support during the years...
  16. Since he is paying his child support on time,...

    Since he is paying his child support on time, it's highly unlikely that the court would just "relinquish" his rights even if he doesn't exercise them regularly. Has there ever been a visitation order...
  17. It sounds like you need to give him the...

    It sounds like you need to give him the "You're-a-nice guy-but-we-just-don't-have-much-in-common" speech. It's not fair to either you or him to hang on to a "relationship" that obviously isn't going...
  18. File the appropriate form in the Family Division...

    File the appropriate form in the Family Division of the Superior Court in the county where you reside. You should be able to find a sample online or at the courthouse library. There'll be some fees...
  19. Question: Newlywed

    by s_cianci
    Answers
    2
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    537

    No.

    No.
  20. Answers
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    6,438

    Taking some time away probably isn't a bad idea....

    Taking some time away probably isn't a bad idea. I know it sucks that you have to be away from your kids but it almost sounds like she needs to learn to pull her weight where caring for the lids is...
  21. Answers
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    492

    Probably not. The initial judgment for child...

    Probably not. The initial judgment for child suport was solely his, so likewise any repayment that's ordered would be his and his alone.
  22. My first question to you would be who exactly is...

    My first question to you would be who exactly is suing you? Is it a commecial collection agency or a law firm? I ask this because nowadays a lot of creditors are using law firms to collect past due...
  23. As your lawyer said, there's probably nothing you...

    As your lawyer said, there's probably nothing you can do at this point. Only a court order can compel your ex to submit to a DNA test. But look at the facts: he signed the birth certificate (which...
  24. Answers
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    You may be able to get a judgment based on the...

    You may be able to get a judgment based on the agreement he signed. However, does he realistically have the means to pay? If not, then any such judgment wouldn't be worth the paper it's written on....
  25. Call the lawyer referral service for your county...

    Call the lawyer referral service for your county of residence. This can be found online or in the Yellow Pages. They will give you the name of an attorney who has experience with cases similar to...
  26. Can he file a restraining order? Yes. Will it be...

    Can he file a restraining order? Yes. Will it be granted? That's another issue. My gut feeling is, probably not. Assuming that your boyfriend provided competent medical treatment to your son within...
  27. You don't. A warrant is good forever. If you're...

    You don't. A warrant is good forever. If you're ever stopped for speeding or a broken tailight expect to be taken into custody.
  28. Answers
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    First of all, if you get a dismissal, you won't...

    First of all, if you get a dismissal, you won't need an expungement because there'll be no conviction. A dismissal would come about if the store chooses not to press the charges. But if they do,...
  29. No, but it certainly sounds like you're guilty of...

    No, but it certainly sounds like you're guilty of stalking (or whatever the technical term for it in legal parlance is.)
  30. Answers
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    You can always request a review (which involves...

    You can always request a review (which involves you investing the time and expense to file the appropriate motion with the court) but understand that, in order to actually get the support order...
  31. The fact that you're pregnant with another man's...

    The fact that you're pregnant with another man's child won't change the usual divorce procedure for your state. You file a motion for divorce in your local Family Court for your county of residence....
  32. First of all, has paternity been established? I'm...

    First of all, has paternity been established? I'm not suggesting that this man isn't your son's father but it still has to be proven legally. In the case of an unmarried couple this is usually done...
  33. In most cases I don't believe that merely having...

    In most cases I don't believe that merely having a child automatically makes one emancipated. You can check the laws for Louisiana to make sure. But normally a 16-year-old single mother would still...
  34. No. That would be a fradulent act. Is the bio...

    No. That would be a fradulent act. Is the bio father not on the birth certificate?
  35. Answers
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    She's on the rebound. That said, don't count on...

    She's on the rebound. That said, don't count on getting serious with her. If she wants to still "hang out and do physical stuff" then you need to decide if that's acceptable to you, knowing that...
  36. Answers
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    It's certainly possible that she's projecting...

    It's certainly possible that she's projecting whatever anger or resentment she feels towards her ex onto you. Granted that's not fair to you but that's what often happens. It also sounds like the two...
  37. Answers
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    672

    For whatever reason, he feels that the sparks...

    For whatever reason, he feels that the sparks just aren't flying anymore. As much as it hurts, you need to close this chapter in your life and move on. As far as the house goes, you have 3 options:...
  38. Answers
    4
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    1,355

    You made the mistake of not immediately calling...

    You made the mistake of not immediately calling the police. You may still be able to file a self-report with the local police department. Of course, not having any of the other driver's info. doing...
  39. Answers
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    If you're proven to be (or admit to being) the...

    If you're proven to be (or admit to being) the father, then you'll have to pay child support.
  40. You must continue paying until the court...

    You must continue paying until the court terminates the order. In some states child support automatically terminates at age 18, in others, the payor has to apply to the court to terminate the order...
  41. Question: Parents divorced

    by s_cianci
    Answers
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    791

    As much as you may have liked this guy, things...

    As much as you may have liked this guy, things did not work out between him and your mother. That's totally out of your hands. Hopefully, if she does settle down with someone it'll be someone just as...
  42. Answers
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    Here's how you deal with it: click your heels and...

    Here's how you deal with it: click your heels and run the other way and don't look back.
  43. Answers
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    It's possible, depending on his priorities and...

    It's possible, depending on his priorities and your priorities. Forget the idea of either of you "converting" from one to the other. If one of you "must" convert in order for the relationship to be...
  44. She obviously feels that she has other fish to...

    She obviously feels that she has other fish to fry right now. Cut her loose and move on.
  45. Question: Stressed

    by s_cianci
    Answers
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    923

    I don't think a divorce is the answer. I do agree...

    I don't think a divorce is the answer. I do agree that you should ask him nicely and calmly to help out more with the various household chores. But also understand that he has his hands full with 2...
  46. You'll need to refinance in your name only and...

    You'll need to refinance in your name only and buy your ex out of his half.
  47. Answers
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    If your ex "voluntarily" leaves one job for...

    If your ex "voluntarily" leaves one job for another that pays less (which would include deliberately getting himself "fired"), then the court is under no obligation to modify the existing child...
  48. Answers
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    You can file a motion with the court that issued...

    You can file a motion with the court that issued your divorce for a modification of the divorce decree. There's no guarantee that the judge will grant it. Your chances will be better if you can show...
  49. Strictly speaking, it may be. Gather together all...

    Strictly speaking, it may be. Gather together all info and documents that you have and talk with a probate attorney immediately. (S)he will be able to advise you on how to proceed to straighten...
  50. Correct order of operations but incorrect...

    Correct order of operations but incorrect arithmetic. 3 - 10 is not 7.
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