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Marakay Jessica Rogers

Marakay Rogers’s Answers

42 total

  • My children will be entering college in the Fall. My divorce decree makes no mention of who is responsible for college tuition.

    Can I petition my exhusband to pay tuition for the children? He still pays child support and we are in the state of NY.

    Marakay’s Answer

    Child support does not extend to college tuition unless the parents agree to it (in writing, or you'll never prove it) while the children are still minors. Without an existing contract for it, he has no duty to pay tuition.

    I advise you to have your college-bound children fill out their financial aid forms instead of your filling out a petition for child support.

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  • If i buy a house with someone is this considered a civil union? alimony states that it will stop for a marriage or civil union.

    I would like to buy a house with my boyfriend but concerned this could be recognized as a civil union, my divorce decree states alimony can end with marriage or civil union.

    Marakay’s Answer

    New Jersey law spells out the criteria for a civil union to be recognized by the state. Merely buying property together or/and cohabiting should not be sufficient to create this status. You should be able to find the information for civil union formation in your state on line; I believe in New Jersey you have to file for one just as you would file for a marriage license, as a civil union is intended to create a status similar to marriage. You can also call the county for information just as you would for finding out what is needed in order to get a marriage license in your county.

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  • Falsely charged with a felony one Intimidating a victim-refraim from report. Charges were dismissed.

    I was falsely arrested with the charge posted above by our local detective. He arrested me with no evidance only the girls testimoney. My charges were dropped at the pulmanory hearing. The DA had no evidance to present at the hearing.Can we go ...

    Marakay’s Answer

    You're attempting to do something extremely difficult at best. The fact that the charges were dropped doesn't really help, as for most matters you need to be acquitted entirely of charges before you can make a real case for such things as malicious prosecution. All that a preliminary hearing determines is whether there is enough evidence to take the case to trial -- a lack of evidence is not legally the same thing as proving that the report was false.

    If the police don't charge the alleged victim with false reporting, you will have to attempt a private case through a magisterial district judge (what used to be called a district justice here in PA). A private civil suit will be hard to maintain given what I told you above. If you had been acquitted you would possibly be able to make out a criminal case for malicious prosecution, but if the police would not charge her you would have to file a private criminal complaint -- and all private criminal complaints are reviewed by the District Attorney, who can block their proceeding.

    I would check with an attorney who could be given all of the details in the matter, but you're not in a good position based on the information provided.

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  • Can my parole be extended past my maximum possible release date for any reason?

    I am on parole for a sex offense. My MPRD is july 17th 2011 and my praole officer wants to extend PAST my MPRD. Is this possible? I am on Parole in Indiana but i am being supervised in Kentucky. I have an interstate compact agreement. I am NOT sup...

    Marakay’s Answer

    This absolutely will be under Indiana law and you should speak to a lawyer licensed to practice in Indiana. What you don't address is the reason that your parole officer wants your parole extended. There must be a reason, and that reason must be valid, in order for the parole to be extended. You may wish to provide additional information about that.

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  • If a grandparents will leaving all monies to grandchildren, several names were listed when will was drawn up, a provision was pu

    t in covering any and all grandkids born after to be included also. If a grandchild was given up from birth and the birth mother knew who she was and her whereabouts does this child have legal right to be included, the birthmother was executortrix...

    Marakay’s Answer

    When you say "given up from birth," if you mean formally adopted, the grandchild does not have a right to inherit. Adoption severs the connection between a child and the birth family, including inheritance rights, and vests them in the adoptive family. You may know who and where the child is, but they have no inheritance rights and would have to be named specifically in a birth family's wills in order for them or their heirs to inherit. This grandchild was not a possible heir based upon what you've stated.

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  • Will a notarized document hold up in court?

    I sold a car to someone, we made an aggrement on payments and got the document notarized. They have only made the 1st payment and dont return my calls. Will the document hold up in court?

    Marakay’s Answer

    The thing that makes a contract both legal and enforceable is not notarization but that the contract contains the correct elements (technically offer, acceptance, and consideration, all terms that have specific legal meanings here).

    The document needs to be reviewed by a lawyer in order to determine if it is valid and if it is enforceable (some contracts that contain all the correct elements may still not be enforceable for certain reasons). It wouldn't matter if the contract is typed or handwritten, or how simple the wording is, it can still be enforced in court if it's legal. You don't say how long it's been since the first payment, but as long as subsequent payments are overdue based on the contract, and it is legal, you should be able to enforce it.

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  • Can i get my exwife prosecuted 4 falsely accusing me of dom. violence and sex allegations which r untrue?

    She has been refusing child visitation. Moved out of state without asking to relocate. And is now telling judge its for financial reasons and also that there is a restraining order and mentioned sexual behavior...etc. no evidence....but keeps i...

    Marakay’s Answer

    In most states, you can only have someone charged with malicious prosecution (false claims against you) once you have proven that the claims against you are in fact false. It becomes a second legal action that can only take place after the first matter has been cleared in your favor. There are also civil actions that can be filed, but you still need to have the matter resolved in your favor first. This seems to be an ongoing matter. Further, as she is now out of state, bringing her back into state to prosecute this might be an interesting challenge. If you have an attorney you are using on the current matter, which sounds as if it's custody, he or she may be able to advise you on this as well. If you are representing yourself in it, and it sounds as if you might be, please check with your local bar association about consulting an attorney for pro bono or reduced fee services if affording one is difficult for you.

    Please understand that the courts and legislatures have deliberately made it difficult to come after someone for making statements in court or for bringing criminal charges against another in order to protect people who legitimately have problems and need access to the courts. The system is designed to make you wait for an outcome first to determine if your complaints are legitimate.

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  • IMMIGRATION

    For expungment the case for shoplifting . Court rueld only pay fine.

    Marakay’s Answer

    You really haven't stated a question that a reader can follow. If I'm correct, you (or another) have been found guilty of shoplifting and fined by the court, but you want the case expunged because of your immigration standing. You don't state the grade or classification of the shoplifting charge but it's true that someone who is in the United States on a visa or a green card can be deported if they are found guilty of certain crimes. Obviously, that would be a reason that you would want an expungement. However, courts don't do expungements freely. The amount of goods taken, the dollar value of them, and the date of the offense, as well as what you have done since you were found guilty, are all things that the criminal court would want to consider in deciding whether to grant an expungement. You need to check with an experienced criminal attorney in the state where the prosecution took place (I'm guessing this was in New Jersey) to find out if you are eligible for an expungement. If you find a criminal attorney who knows immigration law, you would be best served.

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  • Is it bad to bring my 3 month old wth me to arraignment if there might be a bail?

    what can the court do?

    Marakay’s Answer

    Frankly, it's a bad idea to bring a 3-month-old to court with you under any circumstances. I've been present when judges have ordered infants and small children out of courtrooms. Please, please make other arrangements if you can. The only time to bring children to any legal events is if their presence is required to be there. Should you bring a child to court and you are taken into custody, if you haven't brought someone else with you it's very possible that the child will wind up having a social worker called to find someplace for the child.

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  • How do I get a No Contact Order dropped.. Its been 2 an a half years since it was issued.. Its was for 3 years I want it dropped

    So my husband and I could back together and so he could see our 3 boys again.. Plz help me

    Marakay’s Answer

    Any state is going to have concerns about rescinding a no-contact order, so you'll almost certainly need a hearing. If the order was originally issued because of domestic violence, a judge will want to be very sure that lifting the order will not result in further violence occurring, because that is a very common situation, unpleasant as it may be to think about. Many women who believe that it could not possibly happen again have been wrong. I don't know the exact situation under which this was ordered, as you did not tell us, but are you sure yourself that this is the right thing for you? Please discuss the matter with an attorney.

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