Michelle Nicole Mathis’s Answers

Michelle Nicole Mathis

Norfolk Criminal Defense Attorney.

Contributor Level 6
  1. Jurisdiction challenge need help

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Michael Christopher Miller
    3. Michelle Nicole Mathis
    3 lawyer answers

    If this is about child support (not custody) then I suggest seeking assistance from either the Missouri Department of Social Services at http://dss.mo.gov/cse/ or the Virginia Department of Child Support Enforcement at http://www.dss.virginia.gov/family/dcse/index.cgi. Like the attorney above said, these agencies communicate with each other, and should be able to help you establish a child support order, or at least give you guidance. Each state prefers to help its own citizens, but ask if...

    4 lawyers agreed with this answer

  2. What would be the process for divorce if my spouse is in the Army?

    Answered almost 2 years ago.

    1. Michelle Nicole Mathis
    2. Ryan Michael Ramstad
    3. Peggy Margaret Raddatz
    3 lawyer answers

    I am a former Navy JAG with a practice in Norfolk, Virginia www.mathislegal.com You can divorce someone while they are in the military, with or without his or her consent or participation if you know where s/he is and are able to formally serve them. As the first attorney said, there are some special considerations when one person is in the military. It seems like your spouse may be willing to cooperate and facilitate the divorce process. If not, you may want to act quickly so you can...

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  3. I am a military member, i was convicted of 1 dui offense. i missed one ASAP class and now i'm summoned to court as non compliant

    Answered about 1 year ago.

    1. Thaddeus Furlong
    2. Jennifer Raimo
    3. Kevin Reese Pettrey
    4. Christopher Irvin Simser
    5. Michelle Nicole Mathis
    6. ···
    6 lawyer answers

    Most likely, you are being summoned to court to "show cause," meaning to explain, why you disobeyed an order of the court, which was to comply with all of the requirements of ASAP. Did you tell your ASAP counselor BEFORE/AFTER you missed the class or NOT-AT-ALL, that you couldn't leave your sick child that day, do you think s/he believed you? At this point, you DEFINITELY need to make this court date, you need to be convincing/apologetic that you didn't have any other options but to miss the...

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  4. Will a court order supersede a military family care plan?

    Answered over 1 year ago.

    1. Michelle Nicole Mathis
    2. Philip Douglas Cave
    3. John Daniel Hafemann
    3 lawyer answers

    A military family care plan is an administrative tool for the service, it does not trump or supercede a valid order from a state court. FIlling out a family care plan forces the member to think ahead about who will be taking care of his kids if he deploys, it doesn't give anyone the POWER to do anything. If the Court Order says that you will have custody of the child while he is deployed, then that is what your ex should be doing, giving you back custody. Your court order may or may not go...

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  5. How do I get my 19 year old son to move out of my home? He does not have a job and we do not have a rental agreement.

    Answered 5 months ago.

    1. Robert Jason De Groot
    2. Michelle Nicole Mathis
    3. Howard Woodley Bailey
    3 lawyer answers

    Actually, this is a landlord/tenant question. Even though you do not have a written rental agreement, you may have created some understanding or "tenancy" with your son as to how long he can stay in your place. Whether or not you can request the assistance of the Court's to remove him depends on the Agreement that you have. If that Agreement involves you providing him a place to live, and he's given you nothing in return (i.e.. money, labor) as "consideration" then you probably have a good...

    2 lawyers agreed with this answer

  6. Can cop set up a speed trap and accuse me for speeding in Virginia Beach, VA?

    Answered over 2 years ago.

    1. Michelle Nicole Mathis
    2. David William Gross
    3. Robert A. Stumpf
    3 lawyer answers

    You are facing a speeding violation of going 58 mph in a 45 mph zone (13 mph over). Like the previous lawyer said, you could just pay it, your time may be more valuable than hiring an attorney and appearing in court. But, driving 10-14 miles above the posted speed limit will give you 4 points against your license and blemish your perfect driving record (see http://www.dmv.state.va.us/webdoc/citizen/drivers/points_4.asp). You could get a printout of your driving record from the DMV, attend a...

    2 lawyers agreed with this answer

  7. Is there any of filing for constructive desertion? Or any benefit?

    Answered over 1 year ago.

    1. Michelle Nicole Mathis
    2. Andrei Kublan
    3. Anneshia Miller Grant
    3 lawyer answers

    I would like to point out, that it is possible to do both things, and do either one first. If you file for divorce based on 'constructive desertion' assuming you have a legitimate claim for it, ultimately, as the divorce progresses, you may be able to solve all your issues through a separation agreement. Or, you can start by sending over a separation agreement for your husband's consideration, and if he doesn't sign it, then if you have a legitimate claim for constructive desertion, then you...

    1 lawyer agreed with this answer

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  8. I've been charged with destruction of property 18.2-137(A). Will it stick?

    Answered over 1 year ago.

    1. Stephen Patrick Pfeiffer
    2. Kevin Reese Pettrey
    3. Arash Zarei
    4. Michelle Nicole Mathis
    5. Brenton Daniel Vincenzes
    5 lawyer answers

    Contact me, you may have a good defense, I currently have a Destruction of Property case in Virginia Beach. It is a "specific intent" crime, meaning, your objective in tossing out his stuff, had to be -- to destroy it, looks to me like you were simply trying to get those possessions off your property. In addition to criminal cases, I also regularly do landlord-tenant law, so I can check what you did with his property, against those rules and your lease.

    1 lawyer agreed with this answer

  9. I got a 21 30 day notice for have an unauthorized person in my apartment how does that affect me if I choose to leave?

    Answered almost 2 years ago.

    1. Michelle Nicole Mathis
    1 lawyer answer

    I am a Norfolk Attorney, who does Landlord-Tenant law. Like many Landlord-Tenant questions, the answer really depends on what your written lease says. An Attorney would have to see your lease to see who signed it, what was promised, and the provisions about "assigning" the lease to someone else. If both you and your absent roommate signed the lease, then it would make sense that you can't affect his interest/possession in the lease (giving his interest/possession to another person) without...

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  10. Can the landlord add additional charges that are not specified in the lease when moving out?

    Answered about 2 years ago.

    1. Michelle Nicole Mathis
    2. Rixon Charles Rafter III
    2 lawyer answers

    I am an attorney in Norfolk, I represent both tenants and landlords. The legal relationship between you and your landlord begins with your lease (and can be modified by other Virginia laws). Typically the lease provides for penalties if you "break" a lease early. These penalties can range anywhere from a predetermined set amount (liquidated damages), to the understanding that you will be held responsible for the remainder of the lease period (potentially challenge-able if the place is re-...

    1 lawyer agreed with this answer