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Eric Hamilton Espey
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Eric Espey’s Answers

25 total

  • Can a personal statement within a letter be used to alter parenting plan?

    The divorcing spouse is demanding a letter, stating that the other spouse swear that the child will never know certain people. The wife is convinced that the husband has had an affair, but cannot produce proof and the husband denies it entirely. ...

    Eric’s Answer

    This situation sounds particularly sensitive. You should have an attorney guide you through this process - or if you have posted this question about somebody else's situation, encourage that person to seek the advice of an attorney.

    As a general answer to your question, anything not contained in the parenting plan, which can include some restrictions regarding access of other parties to minor children, is not going to be enforceable.

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  • My husbands divorce attorney has withdrawn. What happens now? How does this affect the pending divorce?

    His attorney withdrew because he was not cooperating.. not responding to his calls or email and not paying. Husband hasn't gone to his HR dept. to start child support payments. We have both signed documents in mediation agreeing on the monthly a...

    Eric’s Answer

    Your attorney is the best person to go to for these answers. You should schedule an appointment to sit down with him/her and get a clear understanding of what the next steps are going to be.

    With that said, in my experience, child support that will be payroll deducted is set up through court order. It is not meant to depend on the person who is supposed to be paying to take some sort of action with their employer.

    You should speak with your attorney as soon as possible.

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  • Uncontested Divorce

    I am separated from my husband. We have a nine year old child. No joint property. We have agreed on a custody agreement. How much would an uncontested divorce cost? How about a retainer fee? How much is needed up front?

    Eric’s Answer

    You should contact a divorce attorney or two in your area. Attorneys cannot discuss fees on this forum, but most attorneys will consult with you for no charge and will give you a fee quote at that time.

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  • How can I get my child support payments lowered?

    I live in Gerogia but pay child support in Tennessee. I need to find out what I can do have my payments lowered because I don't make the same money I use too. I never get to see my kids, and I don't want to sign my right s away. What do I need to...

    Eric’s Answer

    You should file a petition to modify the child support with the court that issued the current child support order. Additionally, you should consult with an attorney about your entire situation. It sounds like there may be visitation issues that the court needs to address as well. Good luck.

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  • Very simple post divorce issue is being dragged out by opposing attorney now for years. Should I file complaint with BOPR?

    My previous attorneys seemed to ride the gravy train. Spent thousands! of dollars and I'm no better off than I was when this started. Now I'm Pro se and I don't see that it will ever be resolved unless I agree to their terms, as usual. This att...

    Eric’s Answer

    Without knowing the specifics of what is at issue, and what has or has not occurred, I agree that you should consult with an attorney. A board complaint against the opposing attorney will likely do nothing to help your case. It will occupy your time and attention without yielding any results.

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  • Should I get a Lawyer.

    I had a car accident. I was hurt with airbag injuries. The man that hit me ran a stop sign. He did not have a insurance card but gave me a policy number. The police officer gave him a ticket for running a stop sign and financial responsible. I hav...

    Eric’s Answer

    I think you should consult with an attorney. An experienced personal injury attorney can deal with the rude claims rep for you and will also increase your chances of getting a more reasonable resolution to an injury claim.

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  • Do I need a personally injury lawyer?

    Short version...A bottle fell through the bottom of a box, in a large chain store. Bottle exploded on impact with the floor. Laceration to my forehead about 1.5 inches. Required ER visit/DermaBond. I am a 30yr old female, I work with the public....

    Eric’s Answer

    You should speak with an attorney. Most of the time, you will fair better in an injury claim if it is handled by an attorney. It will be worth your time to at least meet with one. As the other attorneys have pointed out, there are some unknown facts (like whether you will need additional treatment or surgery) that you should consider before deciding how to proceed. I hope things work out for you.

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  • My son was pushed by another child off a knee high wall. He broke his arm from the fall. What would be the suing process?

    My son is 5 years old. His bone was reset and placed in a cast. The mother was angry at her child the day of because of the incident. However yesterday she made a comment to my daughter that her son did not push my son. My daughter saw the inciden...

    Eric’s Answer

    I am sorry to hear about your 5 year old's injury. A cast is no fun, and certainly not in the summer. I think that you should find an attorney in your area and schedule a consultation. Depending on who owned the property where this occurred, and some other facts you may not have thought to include in your question, there could be a few different avenues or legal theories to pursue. A face to face meeting with an injury lawyer is where you should start.

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  • I have a court date - contempt of MDA / divorce settlement. I have been paying, but not as much as she would like.

    I can not afford an attorney by the court date. If I go in and ask for a continuance, would that most likely be granted? Thanks

    Eric’s Answer

    You should consult with an attorney as soon as possible. As discussed by the other Tennessee attorney, there are different types of contempt. You may be able to get a continuance to hire an attorney. that is up to the judge. Typically, a judge will allow for a continuance of the initial court date. However you should be sure that you are prepared to address the allegations at the subsequent court date.

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