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Maria House’s Answers

130 total


  • Subpoena Bank Records

    Meeting with my lawyer this Friday. Trail set for December 11. My wife is seeking Alimony. She is working at present. She has no bills. Children are gone so no kids involved. I have offered her a car and much more. She has many bank account...

    Maria’s Answer

    Your lawyer likely has good reasons for how he or she is going about representing you. A subpoena does not cost very much, but going through discovery properly is important too. Good luck with everything.

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  • Can the marriage still take place?

    I know that if you are under 21 you have to get parents permission to get married. What if my parents are not present and does not respond to the permission slip via mail? Can my marriage still take place?

    Maria’s Answer

    Teenagers will find it difficult to get married without parental consent. The law treats marriage as a contract, and in order to enter into a legally binding marriage contract, a person must have reached the "age of majority" in his or her state. Before this age, the law considers a person too immature to be able to keep his or her promises and therefore must seek parental consent in order to be married. Do your parents know you want to marry? Do you truly understand what you are committing to when you marry? Do you know why your parents have not responded? You should speak to a family law attorney and review your options.

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  • I have 3 children with the same father.. we have never been married... can i FULL CUSTODY of my children

    can i get their last name changed to mine? the 3rd child has never been around him because he has been in prison. i got into another relationship over a year ago and the man that i was in relationsip with has raised him and he knows him as his dad...

    Maria’s Answer

    You should find a family law attorney to discuss these issues in greater detail. Do you and the children's father get along? Would he agree to the name change and to terminating his parental rights? Does he want a relationship with them? Can he pay support and be a good influence? The Chancellor looks for the best interests of the children in these types of cases, and giving up child support may not be what is best for the kids.

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  • POD in California with a trust and will POD/totten clause.

    I am the POD of my deceased brothers savings account. I am also a 20% beneficiary on his California revocable trust. The trust has a clause stating that all totten trusts and POD's must be distributed according to the designations amount in the...

    Maria’s Answer

    It's hard to give an exact answer without looking at the document. The bank account listed you as the POD recipient, and so upon death, that account appears to be yours. Depending on the language of the trust, the POD account may touch on the bank account. Where is the bank account? With you in MS or in CA? If the trust conflicts with the POD account, the probate court in CA appears to have jurisdiction based in the information you provided so far.

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  • U VISA WAITING FOR U2

    MY U VISA APPROVE LAST YEAR IN OCT 2013 FOR 4 YEAR, I APPLY FOR MY WIFE ON FEB 2014 HER FINGER PRINT DONE ON APRIL 2014 ,HOW LONG WE HAVE TO WAIT TO RECEIVE HER APPROVAL & WORK PERMIT I APPLY FOR HER AS U2

    Maria’s Answer

    I agree with the other attorney that your best bet is to go to www.uscis.gov and enter your case information. If you want a person to tell you a better answer, an attorney can turn in a notice of representation and on your behalf speak with the case officer for a prediction if that officer is one that discusses it with attorneys. Waiting April to October does sound a little long and there may be a hold-up or a lost piece of mail. I recommend hiring an attorney that can make sure all your paperwork is proper.

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  • Foundation guy leveled house with concrete. Leaked concrete into sewer pipes. Could he be liable?

    Licensed foundation company leveled single story house with concrete all around in 2012 for 13400. A month later started experiencing plumbing problems. But I didn't have money to fix pipes until now. Plumber ran camera and claims that there ar...

    Maria’s Answer

    Yikes, that doesn't sound fun at all. The negligence claim you are describing sounds like it gives you grounds to sue and complain, and possibly be compensated but you'll need to speak with an attorney that handles such a case. The good news is that, other than a bruised ego, the contractor is by law required to have general liability insurance if he is a residential builder and/or remodeler as of January 2013.

    The exact rule is this:
    An applicant for a residential builder or remodeler’s license, or renewal thereof, shall provide a copy of a certificate of insurance evidencing current coverage for general liability purposes. The Mississippi State Board of Contractors shall be listed on the policy of the insured to be notified if there is cancellation of coverage. Liability insurance shall not be required for inactive licensees.

    So if he's legit, he should be covered for things like what you were describing. Good luck.

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  • I have been given a company vehicle. When does my time start?

    I used to get paid per diem to drive but was forced to drive a company vehicle. My commute is generally 90 miles or more one way per day. When does my work day start? If I am in the company's vehicle hauling their tools, am I not on the clock?

    Maria’s Answer

    Unfortunately, the answer depends on your employer and your employment terms. To give you some background, I had to go back to an article from Employment in the Law, December 2010 which stated this:

    Generally, employers are required to pay employees for time spent traveling seems easy enough: commute time to and from work is not compensable, while travel time during the workday is compensable. But unfortunately for employers, the rule only SEEMS easy to apply because a workday is not just based on when an employee punches in and out. As technology changes, so too does the average workday. More employees are working from home or doing work on the road before and after the normal workday takes place. As the typical workday changes, employers must come to understand how these changes affect whether employees must be compensated for their travel time.

    Under the Fair Labor Standards Act (FLSA), employers are not required to compensate employees for time spent commuting from home to work or for any activities that are “preliminary to or postliminary to” their principal activities at work. The U.S. Department of Labor (DOL) has clarified that “normal travel from home to work [whether at a fixed location or at different job sites] is not work time” because it is an “incident of employment,” and is therefore not compensable. The term “normal travel,” as used in the regulation, does not represent an objective standard of how far most workers commute or how far they may be reasonably expected to commute, but rather represents a subjective standard that is defined by a particular employment relationship.

    Where courts are currently struggling, however, is with the issue of what activities trigger the start of the workday because once the workday begins, all time spent traveling will almost always be considered compensable travel time and no longer part of the employee’s non-compensable “commute”. In addition, employees must be compensated for any work performed during the commute that is integral and indispensable to a principal activity of their employment. This article addresses the various circumstances that can take place before, during, or after the commute and whether the courts and the DOL have found that such activities transform non-compensable commute time into compensable time.

    The good news for employers is that commute time is generally not compensable. And courts and the DOL tend to agree that this rule remains true even when the following factors (without more) are present and the first example is (as in your case) having access to a Company Vehicle.

    So your question-- workday starts when you arrive at the job-site (most likely since your compensation for the commute is having the car) and when you drive the car around during your workday, you should be getting paid for your time.

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  • Can a ticket be given without an offense listed?

    I was pulled over, given a ticket and there was no offense marked. The officer apparently marked her copy later. I went to court yesterday, the officer was not present, yet the judge rescheduled and I have to go back to court. Is it accepta...

    Maria’s Answer

    Unfortunately, sometimes that does happen. It's good that you went to Court so that you did not get penalized for failing to appear. After being cited, call the court listed on your MS traffic ticket for the fine amount and you can ask for the charge there. If the court has no record of your citation it probably means it has yet to be filed into the court's database. Wait at least seven days from the date of the citation before calling, but since you already went to Court someone should have told you there, or they would have called it out during the docket call. Find an attorney that can represent you in Court whenever your hearing is, and the attorney will know how to put on proof or dispel proof on your behalf.

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  • Where do you start to get a work visa for the USA? How much is the cost for a work visa?

    I have a friend living in Sudan, but his work visa expires in the next 2 months. He is a citizen of India and would like to get a work visa for the USA or Canada.

    Maria’s Answer

    Information for obtaining a temporary work visa is pretty prevalent. Generally the first step for a citizen of a foreign country who wishes to enter the United States is to first obtain a visa. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

    Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

    Your Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. For more information about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

    An immigration attorney can help you hammer out these details.

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  • My friend is getting a divorce and needs to know what to do with his CD'S, Checking, and Savings accounts .

    The catch is this, his wife is unaware of this money. What does he do? He would like to draw out some of the money and put it away for fear that his wife will wipe him out. The dollar amount is around $200,000 does he have any legal or safe way to...

    Maria’s Answer

    In a divorce, marital assets are divided up between the parties, either by agreement between themselves or by the judge handling the case. Tell your friend to speak with a divorce attorney for some pre-divorce planning and to begin the next chapter of his life on the right foot. An attorney cannot advise you on how to break the law but show your friend the proper categorizing of assets and how to position him for a divorce.

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