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Howard M Lewis
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Howard Lewis’s Answers

7,009 total


  • In the state of Oklahoma can a spouse legally take you off his employer provided family health insurance (Not Legally Separated)

    we have been married for 17 years and are not legally separated he resides in Oklahoma I have moved to California . I have called his companies human resource and inquired about if I was still on his health insurance plan they stated yes but it s...

    Howard’s Answer

    I am sorry that you are going through this, in most cases if there is not a divorce pending or any formal action in court either party may make changes, however that does not mean that if something is then filed you can request a remedy, please chat with a local OK attny, take care.

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  • What is the standard for "unfair" property settlement in Washington state?

    I am currently separated from my wife and may be seeking a divorce. We have a settlement agreement that I do not believe is unfair, but is substantially in my favor. Under which circumstances would the court choose to review or challeng...

    Howard’s Answer

    I am sorry that you are going through this, in most cases challenges to a contract or judgment would be some type of fraud based action or improper influence amongst other moral issues, hope this helps and take care.

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  • Do I need to continue the temporary ordered visitation schedule?

    My son's father and I have a temporary order from the court that states he was to have four weeks of supervised visits every Wednesday. After those four weeks he was to have Friday over nights in addition to the Wednesdays for four more weeks with...

    Howard’s Answer

    You will need to look to what the court order states. It is likely that your son's father was awarded visits every Wednesday, then increased to Friday overnights. Typically the court builds up visits over time. It is doubtful that the court would order that after the specified period of time visits would stop. If you are unclear, you should consult with an attorney who can read through the court order and advise you further. Good luck.

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  • Are the payee's assists considered in determining eligibility for alimony, or is only income considered? Thanks.

    I was divorced in 2008 after a 20-year marriage. My divorce agreement does not waive alimony, which I believe that I am eligible to receive, given the disparity between my and my ex-husband's incomes.

    Howard’s Answer

    I'm not quite sure what you are referring to by the term "assists." In general, alimony is based upon income. Other considerations include the payee's financial "need" and the payor's "ability to pay." You would be well served to consult with an attorney. Good luck.

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  • If husband has won money in lottery do I get some of that as well as equity of sold house ect.

    I quit my job 10 yrs ago to raise our children and take care of the house. My husband keeps repeating his unloyal ways. Cheated a couple of times before and now I find him messaging my friend inappropriately. I told him we should divorce now after...

    Howard’s Answer

    The short answer is yes. If your husband won money in the lottery that money is considered marital property. You would also be entitled to a share of the equity in the house when sold. The presumption is that you split all assets equally, although there are certain factors that can affect the percentage that each party receives. I strongly suggest that you hire counsel to evaluate your case and advise you of your rights. Good luck.

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  • In what circumstances would a judge order supervised visitation?

    My sons mom hates my new girlfriend and sais only over her dead body will i ever see my son as long as im with her so i filed for visitation and was denied because she made a academy award winning act claiming im gonna kidnap and kill my child.I b...

    Howard’s Answer

    I concur. You should seek legal counsel before your next court date. Ultimately, the judge is seeking to protect the children. The next logical step would be to order supervised visits until he/she determines that there is no need for supervision. You will need to prove to the court that you are not a danger, as unfair as that may seem. Good luck.

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  • What is an alternate caregiver

    dcf just called my husband and told him that we need to find an alternate caregiver

    Howard’s Answer

    Without more information it is difficult to answer your question. However, from the facts it appears that DCF is suggesting that you find someone other than you and your husband to take temporary custody of your children. This could be anyone from a family member or friend of the family. This is a better option than placing the children with a foster family.

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  • How do I legally run someones record?

    My son's mother has a new man living with them and through the grapevine I've heard that his license is revoked due to drug trafficking charges. the boyfriend drives my son around in the mother's car and I feel like it is out of my control. Again,...

    Howard’s Answer

    You can also file a Motion with the Court requesting that it run the Board of Probation record for the boyfriend. You will need to establish in an accompanying Affidavit the basis for your request. Good luck.

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  • Who is responsible for paying health insurance for the family during a divorce? How is this determined?

    I am the higher earning spouse but work for a small business with poor health insurance benefits. How is this decided? I have the physical custody of the children, my spouse is the one paying child support. My spouse works for a large corporat...

    Howard’s Answer

    Typically the court keeps the current health insurance in place. That being said, you and your attorney should look at the different scenarios, including the cost and effect on child support, to determine the best option. The Parties can agree to change the current health insurance situation by agreement.

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  • My ex husband filed for a restraining order against me so i couldn't see or talk to our 11 year old son i could not go to court

    I was in the hospital the day of court.How can I get this restraining order terminated? As of right now I cannot see or talk to my 11 yr old child.My son is not doing well.He needs his mother,Ive always been in his life.He has always lived with me...

    Howard’s Answer

    You should go to the court that issued the restraining order and explain that you were in the hospital on the date of the hearing. The court personnel can assist you with filing the appropriate paperwork to ask for a hearing whereby you can appear and present your side. Good luck.

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