Jonathan Whaley’s Answers

Jonathan Whaley

Warwick Litigation Lawyer.

Contributor Level 9
  1. How does SSI (NOT SSDI) income effect child support?

    Answered 9 months ago.

    1. Jonathan Whaley
    2. Neville Joseph Bedford
    3. Brett A. Borah
    3 lawyer answers

    SSI is not counted as income for child support calculation purposes.

    Selected as best answer

  2. I pay all of the household bills (mortgage, gas, electric, etc.) but the deed is in both of our names, can I tell him to leave?

    Answered 8 months ago.

    1. Jonathan Whaley
    2. Neville Joseph Bedford
    3. Jennifer L. Ellis
    4. Christopher A Pearsall
    4 lawyer answers

    You should seek a restraining order through the Family Court. A Family Court judge has the power to order him to stay out of the house, among other things. Feel free to call my office if you would like to discuss this in detail or if you would like help in court. Good luck.

    Selected as best answer

  3. My husbank quick claimedhouse to me,because of his drinking. I have decided I wand a divorce ., is he entitled to half of house

    Answered 12 months ago.

    1. Jonathan Whaley
    2. Carl P DeLuca
    3. Tracy J. Hermann
    4. Timothy Sweet
    4 lawyer answers

    I agree with the attorneys here. The house is an asset of the marriage and will be subject to equitable division between you. Whether he is entitled to half, more than half or less than half is an answer that requires consideration of more factors than have been provided here. As my colleagues have suggested, you should sit down with a family law attorney and discuss the situation in greater detail. Good luck.

    4 lawyers agreed with this answer

  4. Can i sue my mom for abusing me my whole life phiscally and mentally ?

    Answered about 1 year ago.

    1. Jonathan Whaley
    1 lawyer answer

    The short answer is yes. Your mother is not immune from suit simply because of her relationship toward you. However, there are a number of very important issues to weigh before taking legal action against your mother. These include but are not limited to the nature of the abuse, the effects of the abuse on you, the relationship between you and your mother, the relationship between you and other members of your family who may be affected by this, the likelihood of success and the extent...

    4 lawyers agreed with this answer

  5. How does an estate get divided if no will is left?

    Answered over 1 year ago.

    1. Jonathan Whaley
    2. Adam S. Bernick
    3. Steven M Zelinger
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Every state has laws of intestacy which govern situations like this. The property will pass according to the relevant state statutes. Likely, the individuals surviving spouse (if one) or children (if any) will take the majority of the property. If there is no spouse and no children, the individual's siblings, grandchildren or more distant relatives may be entitled to a share in the estate. You should contact a RI attorney to discuss the specifics.

    4 lawyers agreed with this answer

  6. For tax filing purposes, is the legal date of divorce the court date or the final judgement date?

    Answered 6 months ago.

    1. Tracy J. Hermann
    2. Jonathan Whaley
    3. Timothy Sweet
    3 lawyer answers

    The date you were divorced is the final judgment date. However, you should meet with a tax professional to determine how you should file your 2013 taxes.

    3 lawyers agreed with this answer

  7. Own my home from my first marriage...divorced in 97..If I re-marry, is new spouse entitled to half of property?

    Answered 6 months ago.

    1. Jonathan Whaley
    2. Tracy J. Hermann
    3. Neville Joseph Bedford
    4. Timothy Sweet
    5. John T. Longo
    5 lawyer answers

    Execute a prenup. Make sure both parties meet with their own attorney.

    3 lawyers agreed with this answer

  8. Can adoptive parents give custody back to the biological mother or father?

    Answered 7 months ago.

    1. Jonathan Whaley
    2. Carl P DeLuca
    3. Neville Joseph Bedford
    4. John T. Longo
    4 lawyer answers

    You should really sit down and discuss this situation with an attorney. There's much more going on here than can be addressed in a brief online post. Get help. Good luck.

    3 lawyers agreed with this answer

  9. I have a clean record. However, I have recently been charged with breaking and entering in RI. If guilty will I serve time?

    Answered 7 months ago.

    1. Jonathan Whaley
    2. Thomas G. Briody
    3. Neville Joseph Bedford
    4. John T. Longo
    4 lawyer answers

    There isn't enough information provided here to give you an honest answer. In any event, your best chance of defending yourself against these charges is by retaining an attorney. I would advise against posting any more information about this on the internet, or even referencing it on any public forum. Speak privately with an attorney.

    3 lawyers agreed with this answer

  10. Can a judge overturn an agreement made through mediation

    Answered 9 months ago.

    1. Jonathan Whaley
    2. Timothy Sweet
    3. Neville Joseph Bedford
    4. Christopher E. Heberg
    5. Tracy J. Hermann
    6. ···
    7 lawyer answers

    If both parties agree that the outcome is fair, it is unlikely a judge will override their decision. If one or more attorneys are involved it's even less likely. I would have an attorney review the agreement for you and perhaps draft a property settlement agreement to be signed by each party. The attorney will be able to tell you if a judge is likely to allow it or not after reviewing the terms. Feel free to call my office if you'd like. Good luck.

    3 lawyers agreed with this answer