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Thomas J Callahan

Thomas Callahan’s Answers

3,521 total


  • I'm 21 and my father owes at least $20,000 in back child support from when I was 3-18 years old. Can I do anything?

    West Virginia laws. Marion county.

    Thomas’s Answer

    He owes your mother, not you. Her issue to fight, and if she let this go for a long period of time, and $20,000 says she did, she may have waived her ability to collect. She needs to see an attorney if you are serious in pursuing this.

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  • Can I be denied contact, school record because ex has decision making in parenting plan but no restrictions. City cop spoke up 2

    I've been denied contact with my13 year old at school as well as her school records and ability to pick her up for any reason due to schools interpretation of a parenting plan giving ex decision making but no restrictions. City cop also quoted the...

    Thomas’s Answer

    They all have to follow court orders just like you and ex. If ex has sole legal custody, she can make decisions and no specific restrictions are needed. Whether you have court-ordered visitation time is not stated, but even if you do, I'll bet it does not include interruptions at school during the day, and would likely be specific of where and when pick-ups and drop-offs would take place. Often, one parent will have the sole legal custody and thus sole decision-making authority, but there is a provision to share school and/or medical records with the other. Your remedy here is to go back to court and seek to either change or clarify the interpretation of the court order rather than seek to challenge those who must live by it and enforce it. They have no choice.

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  • Is a landlord responsible for pest extermination in WV?

    My apartment is kept clean, and I do minor repairs. The front door has a large gap between the floor and the door, so you can see outside even when it's closed. Over the summer, all kinds of pests have entered including a salamander, and a snake...

    Thomas’s Answer

    Who pays for bug spray might be arguable, but certainly the LL is responsible for the door. Call your town or county health dept. or building inspector to make a complaint.

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  • Do I have a case

    I am buying house, contract stAted I had to fault on 3 consecutive payments before house went to owner, I missed paymed July 20 next payment due on Aug 20, I messaged her saying I had pay off on house only owe 1,900 and she said I was evicted app...

    Thomas’s Answer

    You need to see an attorney ASAP. I can make a referral to someone in Charleston for you.

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  • Could this potentially be illegal?

    This is more of an inquiry or general question rather than a case. I've been doing quite a bit of research yet it yields no results. My question is whether it is illegal or legal to be involved with a 17 year old female as a 21 year old male. The ...

    Thomas’s Answer

    You are in the clear. The age of consent is 16. A 4-yr. age difference would matter for punishment if one party was under 16. Not applicable here.

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  • How does one find a lawyer that specializes in Board of Appeal cases?

    Am in the process of appealing an RMV suspension via the Board of Appeals but am having trouble finding a lawyer that specializes in exactly that. I know this is a specialized area, especially in MA and am not seeking a Criminal Law lawyer--this ...

    Thomas’s Answer

    I know someone in Quincy as well, but for out in Springfield, seek out a criminal lawyer who handles DUI cases. They will have experience getting licenses back, or will know the person out there who does.

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  • How can I get back the money from the land lord?

    I rented a home in Massachusetts area for $750/Month and I gave landlord First and Last month rent. Unfortunately I lost my job before one month and I wanted to move out before the end of 2nd month.In the second month, I asked my landlord whether ...

    Thomas’s Answer

    Go to small claims court, Malden District Court.

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  • Who should take care of someone throwing trash on wetland if the town hall is not interested?

    The town knows that for 3 years, someone has been throwing trash on wetland that he does not own, which is against the existing law. Also, being angry with his neighbor, he goes and sprays the border of someone elses property (the wetland) with ch...

    Thomas’s Answer

    • Selected as best answer

    The owner of the wetland could file a lawsuit alleging trespass and nuisance, and seek an injunction against the offending activity.

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  • What are my options?

    I'm being sued by Discover Bank. I called Zwicker and Assoc, the lawfirm handling the case. I wanted to resolve the issue before We have to go to court. They said I had a power of attorney and couldn't discuss anything with me. They wanted me to e...

    Thomas’s Answer

    Who did they say held the POA? Ask them for evidence of it. They should have to give you that. They are a pain in the a-- to deal with.

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  • I owe the irs money. If my mother has a revocable trust and I am a beneficiary, can the irs levy the trust while she is living

    My mother wants to help my family out and buy a house for us. The money will come out of what I would inherit upon her death. If the house is in her name and included In the trust can the irs place a lien on or levy the property?

    Thomas’s Answer

    The IRS would only be able to levy against any distribution you receive from the trust. It might, however, see right through the attempt to hide a distribution by keeping the property in her name. I would speak to an experienced tax attorney or an attorney or CPA who deals with IRS levies before doing this. At minimum, to keep the IRS at bay, I would think you will need a legitimate fair market value lease and a legitimate monthly payment of rent to make this look like a good faith transaction. Might the better approach be to satisfy the IRS from trust funds and clear it out of your way, if your mother is willing to help enough to pay for a house?

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