 *** HOW TO GET FULL VERSION OF THIS DIGEST? *** |
| Daily Digest for Attorneys and Legal Professionals |
You can easily convert prospects actively looking for your legal help or advice to long-term paying customers. Subscribe to full version of this digest and get:
- All links revealed, so you will be able to contact your potential customers directly and provide them with help on their legal questions
- Daily updates of this digest
- Price for monthly subscription is $39.95 USD only! (Click message header to subscribe now)
- If you have any questions, suggestions or comments feel free to contact us
|
| Where can I find info for Sponsorship options for my foreign husband??? |
| Marriage, Domestic Partnerships and Other Family Law Matters |
I am a US Citizen, living abroad as a Temporary Resident with my South African husband in South Africa. We want to go to the US to live permanently, and he wants to become a US Citizen. Since I am living abroad, I was told by immigration lawyers that I need a Co-sponsor. What I can't seem to get from them is information about what options we have for sponsorship, ie, can we include HIS income? Can more than one person be a cosponsor? can someone join with my income? I dont know where to find this information...does anyone know?? I've already looked at ucsic website and I'm still confused! What is the name of your state (only U.S. law)?
|
| will this go on forever? |
| Child Support |
| What is the name of your state (only U.S. law)? NV. My husband is permanently disabled, for the past 6 years....He is ONLY getting disability payments. When the "children" were in their late twenties, she came after him for child support. After the county decided they would not pursue the issue, she looked into CSE9Child Support Enforcement), and after realizing the cicumstances, decided that they also would not be able to collect, and she has hooked up with another outside agency.My question is how long can this go on? I know she is on the hook for whatever she agreed to with the agencies, and is looking for the money to take care of that. CSE has intercepted MANY of my tax refunds, stimulis payments, etc. and I have had a bugger of a time getting those back, if at all. For the 12 years after they were divorced, she never mentioned child support to him, because the children were already on their own, but when we decided to get married, she thought that maybe it was time....We went to court, and he was making timely payments up until his accident. When she realized she would not get anything from us, she sought other means of collection. Any help would be great. Thanx for listening.....
|
| Divorce in Nevada |
| Divorce, Separation & Annulment |
| In the state of Nevada, can you divorce while pregnant?
|
| Joint Custody and school change |
| Child Custody & Visitation |
My divorce was finalized when my son was 2. He is now 9. I will refer to him as son A. for the past 2 years (calendar years) I have voiced concern over the education that my son was receiving from the private school that he was attending. It's a religous school, and both I and my ex (son's father) are religous, however, I have many problems and concerns with this particular school, some about how they prioritize and teach religion, and some with their general education curriculum.
As I mentioned above, I have been voicing concerns for some time, and even at one point my ex voiced some concerns when the school told him that he needed to spend more time with him on academics. My ex has a very large ego at times. When my youngest son (to my current husband), son B started school at the public school in our area, I was amazed at how much more advanced the curriculum was than son A's school was at that age. I did some asking around, and I have friends that have children the same age as son A, that went to the same private school that son A is attending and who now go to the public school that son B is attending. They are of the same opinion, not only that the curriculum is more advanced, but that their kids are doing better at the public school and receiving more help than they were at the private school. I realize that all kids learn differently, however I have talked to more than just this one set of friends. I have also talked to other parents who have had their kids in different schools previously and switched them to the public school that I would like son A to attend and unanimously they all agree it has been a better experience for both them and their children.
The issues I have with the private school: The religious beliefs of the teachers are exposed with no constraints. What I mean is, that if one teach is more religious than another, then the priority of religion vs. education is treated differently and expected to be mirrored by the students. This is an issue when my son is having problems with advanced math (which is not as advanced as regular math at the public school) and cannot get the help that I feel he needs because 1) their resources are limited and 2) the religious studies take too much time away from his opportunity to correct his problems with math. I feel like my son is alone and left out there to hang if he doesn't personally figure out a way to get better at math. He is a good student, but I fear that his abilities to advance further are being thwarted by the structure and curriculum of the school. Furthermore, when he is with me (we are week-on/week-off), we spend a lot of time on academics and his homework, and we practice the subjects that he is having problems with even beyond his homework and general studies. This practice is reflected in the fact that his grades are better (on tests) during the weeks with me and it must be noticable because his teacher from every grade since kindergarten has mentioned that they can tell when he is with me because of how much better he does.
When he is with his father, he does not get the support or extra help that he needs. He is told to go upstairs with an egg timer and read for the 30 minutes which is required and then do the rest of his homework. It is never checked by his father and the reading log that must accompany his homework every day is not completed. His father's lack of involvement is evident in the fact that this only happens when my son is with him and there is never any initials on the homework. I initial my son's homework every day to show that I checked it. His father's lack of commitment is further proven by the fact that my son tells me repeatedly that his dad doesn't help him.
In addition to the academics, I am against their disciplinary program as it is demeaning to the children in my opinion. This was not the cas in earlier grades, but, just as they do with religion, the teacher's have "carte blanche" when it comes to disciplinary programs as well. For instance his program last year was one by where if he got into trouble once, his card changed from "green" to "simple", twice and it moved to "scorner" amd three times he was sent to the principal or a letter was sent home. Prior to that it was "green", "yellow" or "red" which is pretty common. I cannot tell you how terrible he felt to be called "simple" or a "scorner". There are no consistent guidelines. He also does not like the uniforms, but that's neither here nor there.
The public school has many tools in place to be able to provide the assistance that he needs to excel and realize his full abilities. In his current situation, he is being deterred and is "gunshy" about everything that goes on there for fear of being called a name by his teach or told to "go home an pray about what you have done" (which he was told for going up the sliding board backwards!).
He wants to change schools very badly, and since the end of the last school year, I made a formal request to speak to my ex about his school situation. During our meeting I voiced my concerns and provided as many facts as possible in writing to validate them. The issue is that the statistics from the public school are outstanding, but there are no statistics published for the private school so there is nothing to compare to. Anyhow, my ex "led me on" by agreeing that we would enroll him in both schools, and then discuss further which direction to move in, which we did. At our second meeting, I again voiced my concerns with the existing situation and he was aware of how our son felt (he tells us both constantly that he wants to switch, partly because of his friends being there but also because he is not comfortable at his current school). My ex agreed (verbally) to move him and, per my suggested, agreed to a mutual set of parameters that we could come up with and use to judge his performance and evaluate it again at the end of the next school year. While waiting for my ex to send me his suggestions for parameters, he waits until now, 3 wks before the start of the new school year and I recieve a letter from an attorney stating the following verbatum:
Re: In the Matter of the Petition of {Mother} amd {Father}, and it lists the case#.
Dear {Mother},
Please be advised that I have been retained to represent {Father} in the above entitled matter.
{Father} advises that you hve threatened to enroll your minor child, {child}, in {new school} for the upcoming school year. As I am sure that you are aware, the Marital Settlement Agreement that you signed and filed with the County District Court on {date - in 2002}, awarded you and {Father} joint legal custody. What that term entails is the necessity of a mutual agreement regarding any major decisions concerning {Child}'s educational needs. {Father} is not is agreement with {child} being enrolled at {name of new school}.
When parents who share joint legal custody do not agree on a change in a child's educational plan, the current plan stays in place until suct time as the District Court orders differently. (which he knew and played it this way...shame on me for trying to work it out peacefully)
Please be advised that {father} expects that {child} will continue to attend {current school} until such time as you and he decide, mutually, to change his educational plan. {Father} will take any unilateral action on your part with respect to {child}'s schooling as a contemptuous act and will file a motion to hold you in contempt of court and seek sanctions against you, including attorney's fees.
Please govern yourself accordingly. This letter is written pursuant to Eighth Judicial District Court Rule 5.11.
--end of letter
I suspected that if this went to court the status quo would most likely stay in effect until resolved, however, I was hoping that, for the sake of our son we could work this out and think of him, not ourselves. I speculate that his father is doing everything he can to make sure that he is not "connected" to our house more than his, and his thoughts are that if he goes to school in our area (the current school is not in either of our areas, in fact it's an hour round trip - twice a day) and if he goes to school with his brother, that, when he is of age to make his own decisions, as worded in our divorce decree, that he will decide to live with us full time. The father has already mentioned to several of my friends comments of jealousy in the fact that I now live in a bigger house and newer neighborhood than he does, and we have certain things here that our son does not have there such as a pool, large back yard, and theater in the house.
I have worked so hard to try and be as fair as possible, and to be as cordial as possible with everhthing because I don't want our son to be impacted, but I fear that if I just bow out at this point it will set a precedence and will have this kind of challenge with everything moving forward. I also fear that my ex is doing this for his own personal reasons, as I mentioned above, which is cause for concern because I do not believe that it's in the best interest of my son for him to stay where he is currently.
Any suggestions on how to proceed? I am assuming that I am pretty much out of luck as far as getting his school switched for this year but I would like to end this. He is bitter because it was my decision to leave him, and he feels that he is the victim and he should have the power to control everything because of that. I cannot go on like this as I feel as though I have no say.
Sorry for the book, but wanted ot paint the whole picture. thanks!
|
| Child Support Owe to me Houston, TX |
| Child Support |
Me & my ex was married in NY, he filed divorced in Las Vegas, NV, now he lives in Houston, TX.
As per our agreement which is not stated on divorce decree, he suppose to paid $ 350/month child support. He still owe me about $ 8K, he only paid $ 100/month for periode 01/2006-10/2008 with excuse he is attending school. I accomodating him, now he finished the school and working with assumably income range somewhere between 25K-35K. I was struggling but I managed because I have a job.
For his benefit, he gave me custody over my son from 02/2005 'till 06/2009 without even single visit. Now he wants custody over my son for the next few years and wants me to pay him the same amount of child support to him.
The problem is I am not comfortably just give my son to him, so I choose to stick around for sometimes. I relocated from NY to Houston, still looking for a job. I'm staying in his apartment but have to pay $ 450
/mth rent. He will not give any child support and will split 50/50 over my son expenses. I have no job/no money, I ask him to pay the money he owe me, but I got very hard time like a begger. Everyday for the past 2 weeks I'm in Houston I take care of my son while he is working, he care after him on Thur/Fri/Sat 6-9 PM while I'm working part-time with little money. No more lines credit and credit collectors calls every day, all occured from the expenses while he paid $ 100/mth. While I'm paying for school & day care about $ 1000/month.
I'm struggling and I don't feel this is right at least I was accomodating him when he needed but I didn't being treat the same way.
Please help, I don't know what to do and don't know how to start.
|
| Divorce |
| Divorce, Separation & Annulment |
Okay so i am going to file for a divorce from my husband he has been haveing a relationship with this Girl for over a year now. I need to know what the terms are for getting alamony? If that is anything i could ask for? My fear is that he is going to start to sale the things that we did get together and i wont see a dime of any of that money.Is there anything i can do? What is the name of your state (only U.S. law)?
|
| evidentiary hearing |
| Grandparent’s Rights |
Nobody asked "new" judge to vacate prior court's orders. Is this a rule 60 (b) violatoin? Can I ask for evidentiary hearing to see if anything wrong with prior Court Order? Nobody has alleged "changed circumstances" to vacate prior court order (or is changed circumstances only for custody)? ---- Mine is grand parent visitation. To discontinue visitation "new" judge said "parent's determination (they gave no reasons) must be respected and given deference" and to insure no more visitation 'new' JUDGE ruled to no longer enforce "stipulated agreement" (Court Order of prior judge).
If this is confusing to you -I'm more confused. WHAT HAPPENED? The "new" judge "ruled" without an evidentiary hearing ---- that is what went wrong but he denied my reconsideraton/rehearing requesting an evidentiary hearing. I have filed an appeal but until I know WHAT "new" judge CAN do --- I have no appeal. My new hired appeal attorney doesn't know answers to my questions ---
Sad grandma
|
| motion to relocate with minor children out of state |
| Child Custody & Visitation |
I filed for motion to reloate out of state with minor children on June 24, 2009. Defendant was served via certified mail pick up on July 1st 2009. My court date is August 3rd, 2009. Defendant has not filed opposition as of today. My filed motion states he must file within 10 days of receipt.
The only default form I can find on Access Clark county family law forms, is a default form that states "20 days" which I guess means this Tuesday So does that mean I cant file it now and have to wait until Tuesday? or within the 2O days?
[url=http://www.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html]Welcome to the Clark County Courts in Las Vegas[/url]What is the name of your state (only U.S. law)?
|
| a question about filing - is kind of a mess |
| Divorce, Separation & Annulment |
I have a friend who is going through a divorce. She does not have a lot of money, has had to retain a lawyer, and is struggling to get through this while keep a roof over her and her sons head. her husband did not retain a lawyer and is pretty much forcing her to pay for it all.
It’s at the point now where the documents are ready to be filed. Husband signed the agreement and it’s ready to be submitted to the judge. My friend has paid what she can (several thousand now) and her lawyer was aware of her financial situation. There was talk of a monthly payment agreement so her attorney was not unaware of how she might need t be paid.
A few days ago she received a letter from her lawyer stating that a lien had been put on the portion of her husbands 401k that she is owed. Approximately 9000. The agreement that was signed states that once the divorce is finalized her husband has 30 days to come up with the 9000 from his 401k. It was to be done by a loan with him being responsible for paying it back.
So in a nutshell, when the divorce is final, she gets the 9000, her husband get a vehicle and tools from the garage, and she can then pay the lawyer.
I understand the lien by her attorney is just to make sure she gets paid for her services although it would have been nice of her to let my friend know instead of just doing it out of the blue.
Now to my question - today she received a letter stating that they would not submit the final documents to the court until she paid the attorney the just over 5000 owed. It’s my understanding, per the agreement with hub, that the attorney wrote, that the 9000 will not be released until the divorce is final. Her attorney is also stating in the letter that she will accrue and interest on the owed money at 12%.
I hope this made sense, is this legit? I am nowhere near being a lawyer but it sounds kind of like extortion. How is she supposed to pay the attorney with the money from the 401k if she cannot receive the funds until the divorce is finalized? How can they charge her interest on money they are owed? It’s seems like a catch 22. They do not submit docs so she cannot get the money to pay them so they string it along making 12%. Any help will be greatly appreciated. Her husband has put her through hell. She even had to go through the DA to get child support. I am very worried about her.
|
| Biological Fathers rights, vs. Adopted Parents |
| Adoption |
I recently found out that I have a 13 year old daugther. She was taken from her biological mother and placed in foster care, then adopted approx a year and a half after birth.
I was never notified that she was being placed for adoption, or that she even existed. The child found me on facebook of all things.
I want to know, if I have rights as a father to have her live with me and my family here in NV. She has expressed interest in knowing and living with her biological family. e.g. Me.
Thank you for your help.
|
|
