If your spouse dies with credit card debt, unless you guaranteed the debt or signed as a debtor on the card, you don't have to pay the debt. Let the credit card company sue the estate. If there is insufficient funds in the estate or the company fail to file a timely claim, the law protects the spouse.
Question is about my liability to pay off dead husband's credit card bills. He died May 24, 2008. - Avvo.com
Shared via AddThis
Saturday, September 26, 2009
Friday, September 18, 2009
During the final decision of my divorce, the judge granted custody of my son to my ex-husband, what can I do to get my son back? - Child Custody - Avvo.com
As this question illustrates, you should always retain an attorney for divorce, child support, and custody matters. Oftentimes, people assume that simply because you feel you should get a particular result you will get it. This is definitely not the case. Evidence, case law, and a good legal argument beats feelings and hopes.
If you cannot afford an attorney, you should contact local or state bar associations. These groups may be able to point you to a pro bono association. There are several family law programs in New York, Georgia, Maryland, and Washington, DC.
------------------------------------------
During the final decision of my divorce, the judge granted custody of my son to my ex-husband, what can I do to get my son back? - Child Custody - Avvo.com
Shared via AddThis
If you cannot afford an attorney, you should contact local or state bar associations. These groups may be able to point you to a pro bono association. There are several family law programs in New York, Georgia, Maryland, and Washington, DC.
------------------------------------------
During the final decision of my divorce, the judge granted custody of my son to my ex-husband, what can I do to get my son back? - Child Custody - Avvo.com
Shared via AddThis
Wednesday, September 2, 2009
my children are in college am i still entitled to get child support for them - Child Support - Avvo.com
my children are in college am i still entitled to get child support for them
Hempstead, NY Viewed 4 times. Posted 1 day ago in Child Support
ANSWER
Look at the child support order. Some negotiate child support through college. If you had an attorney and you requested continued child support through college, it should be in the order.
Also, please note the following statutory sections
(1) "Child support" shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
As a result, the order should still apply to your two youngest children.
In addition, note the following section:
CPLR 240 (1-b)(c)(7) states: where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider.
----------------------
In other words, the court can order child support to 21 and payment of education expenses.
If you need additional information, please contact me on my Long Island number.
Hempstead, NY Viewed 4 times. Posted 1 day ago in Child Support
ANSWER
Look at the child support order. Some negotiate child support through college. If you had an attorney and you requested continued child support through college, it should be in the order.
Also, please note the following statutory sections
(1) "Child support" shall mean a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
As a result, the order should still apply to your two youngest children.
In addition, note the following section:
CPLR 240 (1-b)(c)(7) states: where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider.
----------------------
In other words, the court can order child support to 21 and payment of education expenses.
If you need additional information, please contact me on my Long Island number.
Friday, August 14, 2009
How Not to Obtain a Response on Free Legal Websites
Law Guru and AVVO are free legal sites where people can submit questions . Yesterday, a person requested a form for a non-profit corporation. He also stated that he believed being directed to the attorney's contact information was unethical and a waste of time. In other words, just give me the form and leave me alone.
Using that unwise poster as an example of what not to do, I give a few recommendations on how to submit posts. Of course, you don't have to follow them.
Recommendation #1 - Don't insult attorneys or the legal profession in your post.
Recommendation #2 - Understand that most attorneys won't e-mail forms for free. They have spend time and energy creating these forms for their practices.
Recommendation #3 - If you need extensive answers because you are representing yourself in litigation, AVVO and Law Guru are probably not the best sites to submit 20 questions. You should probably do your own research on the internet or in a law library.
Recommendation #4 - Based on prior answers from attorneys on AVVO and Law Guru, attorneys are happy to provide general information about your rights and remedies. So, provide sufficient detail about your matter.
Recommendation #5 - Don't be put off if the attorneys provide you with their contact information. Frequently, unless it's a small claims court matter, the best option is to schedule a telephone or face-to-face meeting with an attorney. Oftentimes, the initial consultations are free or low cost. Moreover, simply because you call or meet with an attorney doesn't mean you have to retain him or her.
Recommendation #6 - Most attorneys on these sites are solo or small firm attorneys. They are not in a non-profit company. As a result, they have to make a living. Therefore, be understanding if they give contact information.
In sum, realize that Law Guru and AVVO are sources to start your legal search or attorney search, but you shouldn't enter these sites as if you're going into battle. After all, the answers are provided without cost. Unless the attorney is a masochist, rude submissions will probably be ignored.
Using that unwise poster as an example of what not to do, I give a few recommendations on how to submit posts. Of course, you don't have to follow them.
Recommendation #1 - Don't insult attorneys or the legal profession in your post.
Recommendation #2 - Understand that most attorneys won't e-mail forms for free. They have spend time and energy creating these forms for their practices.
Recommendation #3 - If you need extensive answers because you are representing yourself in litigation, AVVO and Law Guru are probably not the best sites to submit 20 questions. You should probably do your own research on the internet or in a law library.
Recommendation #4 - Based on prior answers from attorneys on AVVO and Law Guru, attorneys are happy to provide general information about your rights and remedies. So, provide sufficient detail about your matter.
Recommendation #5 - Don't be put off if the attorneys provide you with their contact information. Frequently, unless it's a small claims court matter, the best option is to schedule a telephone or face-to-face meeting with an attorney. Oftentimes, the initial consultations are free or low cost. Moreover, simply because you call or meet with an attorney doesn't mean you have to retain him or her.
Recommendation #6 - Most attorneys on these sites are solo or small firm attorneys. They are not in a non-profit company. As a result, they have to make a living. Therefore, be understanding if they give contact information.
In sum, realize that Law Guru and AVVO are sources to start your legal search or attorney search, but you shouldn't enter these sites as if you're going into battle. After all, the answers are provided without cost. Unless the attorney is a masochist, rude submissions will probably be ignored.
Wednesday, August 12, 2009
Unauthorized Credit Report Pulls
Check your credit report to determine if people or companies have review your credit history without your authorization. Their actions may be a violation of the law that may entitle you to damages under federal and state laws.
Recently in AVVO, a man complained about a former girlfriend who is a paralegal. He believed she pulled his credit report without his knowledge. I recommended that he contact the law firm to complain. At the same time, he can start legal action against the woman and the law firm. As many of you know, under most circumstances, whenever your report is pulled, your credit score decreases. This occurs because the credit agency assumes you are attempting to obtain additional credit.
If you have employees who need access to the credit reporting agencies, you should have strict zero tolerance policies regarding unauthorized credit snooping. Otherwise, the wayward employee may put the company at risk for a lawsuit.
It's worth noting that under federal law, attorney's fees and costs are permitted. Therefore, if you have been a victim of unauthorized snooping, you should definitely call an attorney in your area who has experience in this area of law and understand that a successful case through settlement or judgment will result in payment of fees.
Recently in AVVO, a man complained about a former girlfriend who is a paralegal. He believed she pulled his credit report without his knowledge. I recommended that he contact the law firm to complain. At the same time, he can start legal action against the woman and the law firm. As many of you know, under most circumstances, whenever your report is pulled, your credit score decreases. This occurs because the credit agency assumes you are attempting to obtain additional credit.
If you have employees who need access to the credit reporting agencies, you should have strict zero tolerance policies regarding unauthorized credit snooping. Otherwise, the wayward employee may put the company at risk for a lawsuit.
It's worth noting that under federal law, attorney's fees and costs are permitted. Therefore, if you have been a victim of unauthorized snooping, you should definitely call an attorney in your area who has experience in this area of law and understand that a successful case through settlement or judgment will result in payment of fees.
Thursday, August 6, 2009
I signed my divorce with no lawyer cause he said he would do the right thing. well i signed away my rights, can i get them back? - Child Custody - Avvo.com
As the post in Avvo shows, you should never go through a divorce without an attorney. Having an attorney is essential if you are a long term housewife, have children, or own property.
i signed my divorce with no lawyer cause he said he would do the right thing. well i signed away my rights, can i get them back? - Child Custody - Avvo.com
Shared via AddThis
i signed my divorce with no lawyer cause he said he would do the right thing. well i signed away my rights, can i get them back? - Child Custody - Avvo.com
Shared via AddThis
Monday, August 3, 2009
can there be more than one executor of same will - Probate - Avvo.com
can there be more than one executor of same will - Probate - Avvo.com
As indicated by the post on Avvo, for those who have a will or are thinking about drafting a will, think about the consequences of selecting an executor. If you have more than one executor, place a resolution provision in the will to resolve any disputes.
Shared via AddThis
As indicated by the post on Avvo, for those who have a will or are thinking about drafting a will, think about the consequences of selecting an executor. If you have more than one executor, place a resolution provision in the will to resolve any disputes.
Shared via AddThis
Subscribe to:
Posts (Atom)