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James C Wing JR's Answers
Contributor Level 13
- 282 Legal Answers
- 1 Legal Guide
1
Attorney answers:
If I get married am I responsible for my husbands child support from a previous marriage?
Generally, child support is based on the income and assets of the parents. Your earnings should not be relevant to what he is obligated to pay. There are ways that his child support obligation may impact you if you marry. First, he has a child support order and the court will not be concerned over his expenses when enforcing or modifying the child support order. Therefore, he will only be able to contribute to your common household what is left of his income after taxes and child...
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3
Attorney answers:
Personal harrassment by neighbour - what can I do?
I, like my fellow counsel, am committed to protecting my clients. It is hard for me to counsel someone to run away or capitulate. However, Neighbor v. Neighbor cases are very sad. I have had several in the nearly 30 years I have been an attorney and they have all been venomous. One resulted in 3 civil suits. Another resulted in multiple arrests. Through all of that neither side was ever satisfied. Sad to say, but if you can afford to move, it may best that you do so. The peaceful...
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Attorney answers:
I am getting divorced & we own 2 companies, can I be forced to sign a non-compete?
It is impossible to begin to know the equities of your situation without an in depth consultation and a chance to review both your and your husband's financial affidavits. However, you cannot be forced to settle or to settle on any particular conditions. A settlement is an agreement. If something is important to you, like being able to compete with a business venture of your own after the divorce is final, that non-compete agreement would be very expensive for your husband to bargain for....
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4
Attorney answers:
Can I change my original Divorce Court Decisions, based on my circumstance. I am retiring in 6months God willing
I agree with the first post, the divorce judgment and/or settlement agreement must be reviewed carefully, preferably by a lawyer, to reach a definitive answer. Generally, property settlements are not modifiable. If part of a retirement asset was transferred by a Qualified Domestic Relations Order, it cannot be undone. However, when parties are younger and working, pensions and the like are treated as property, since they represent a right to receive money in the future. When you retire,...
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4
Attorney answers:
I was given sole custody of my daughter in my divorce but i don't live in same state as her
You tell little and have not expressed a question. Still, I would have you know that I think you ate at risk of losing sole custody. The child is your responsibility. Take care of her. I cannot imagine how you make the necessary decisions for her from another state.
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3
Attorney answers:
Can I sue my school for improper expulsion?
Counsel wisely directs you to review the expulsion policy of your school. Often a pamphlet it may set out your rights and obligations in the adjudication process. The school needs to provide you with due process of law, but it is not as high a standard as you might see on TV. Private schools in Connecticut can keep or collect the customary charges from your family even if you are expelled. If they do not provide you with due process or if they deprive you of rights provided in their...
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3
Attorney answers:
May i request custody even if the oposing atty does not appear or will it be continued? I am representing my self pro se
There are some pieces missing from your story. A change in custody is made by filing a motion for modification. If you file such a motion, it will appear on the court docket for a particular day. You probably will have to meet with your husband and his counsel to see if an agreement can be negotiated. If there is no agreement, you may present your claim for modification to the court. Your writing suggests that there is a court date imminent. But, it does not say what motion or...
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3
Attorney answers:
Termination of parental rights
TPRs can be sought in Juvenile and Probate Courts in Connecticut. You should go to both in your area for forms and any advice the staff may offer. I believe there are provisions for withholding your address, so specifically ask what you need to show to qualify for that protection. There are attorneys who take juvenile court contracts, which means they are at a particular juvenile court alot. Ask the clerk to identify those lawyers. Ask for help and you will probably get some good free...
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3
Attorney answers:
Self representation
There is no crime in Connecticut called child endangerment. There is reckless endangerment which is a misdemeanor depending on degree. In criminal court a defendant has a right to apply for a public defender and as counsel said if the charges are serious the court can urge the defendant to apply for one. There is also a juvenile court proceeding where the Department of Children and Families may seek an order of temporary custody when there is a suspicion that the parent or responsible...
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2
Attorney answers:
How can I bring my son to a psychiatrist without consent of father (we have joint legal custody)?
Suicidal gestures are very serious. If you child had an illness or injury, you would take him to a doctor and, then, inform your former spouse that you had your child treated. So, with the caveat that you should inform your former spouse, I think you act in the best interests of the child if you consult a pediatric psychiatrist and follow the doctor's advice. It is disturbing that you imply that you believe that your former spouse would object to psychiatric treatment for a child making...
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