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Eric Espey’s Answers

17 total


  • 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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  • How can I see an injury settlement that was entered into on behalf of my minor child w/o my consent by an attny I didn't hire?

    My son was hit by a drunk driver who admitted to taking xanex after drinking two glasses of wine. My son's truck was totaled. I was advised to seek medical care because of the force from his air-bag. I entered into an agreement with an attorney o...

    Eric’s Answer

    • Selected as best answer

    This claim could not have been settled without approval from a parent/guardian and a judge. Something seems wrong here. You should get an attorney to investigate this immediately.

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  • I had an accident in my campus parking loT.

    I was leaving class. I pulled out of my parking spot and proceeded down the lane. I'm almost to the end of the lane and a car pulls out from a parking spot a hit me. Witnesses say that I was going to fast and I was too far left in the lane. But I ...

    Eric’s Answer

    As other attorneys have explained here, the insurance company is NOT the decider of fault. Often when they take a position that fault is 50-50, they are hoping that you doubt your claim and just go away. Your injury is serious, and you should seek representation. There is not anything else you can say or show the insurance company that will change their position. Typically, talking to an insurance company about an injury claim or car accident claim does nothing to help your position. They are only fishing for reasons to undermine your position.

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  • Are personal checks, with receipts counted as child support? He takes the $ back, they have bounced, or are signed over to him.

    My ex and I went to court for child support 1 yr. ago. The next day, my ex had an atty and through him, it was set up that my ex would give me a lump sum of $1,000 and then $200 per month, rather than the $372, the judge ordered the day before....

    Eric’s Answer

    The checks will likely count as support for him. However, I don't understand from your question what you mean about him taking most of the money back from you from the checks that he writes. If you have a paper trail to show that he IS taking the money back, you can prove that he should not be getting credit for the full amount of the checks he is writing. I would suggest no longer accepting direct payment from him and have him submit payment through the Child Support unit in Nashville. They create a record of all payments that you can access online. Also, he cannot "take back" money from payments he makes through the Child Support unit in Nashville.

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  • Do we have any recourse?

    My husband fathered children through an affair many years ago. We pay child support and have visitation. Recently there was a petition filed for wage assignment that stated we were behind on support (we are, but not the figure they gave). He spoke...

    Eric’s Answer

    It sounds as if they have filed a Contempt Petition and they have sought wage assignment as part of the relief that they requested. Your situation needs to be evaluated by an attorney, and I think that your husband should take a copy of whatever he signed to an attorney along with the Petition that has been filed.

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  • Unpaid Court Ordered Lifetime Alimony in the State of Louisiana

    My sister is now living with me because her ex quit paying alimony, she was awarded lifetime alimony. She is mentally disabled due to heart/stroke issues. How can I help her get her means of support back?

    Eric’s Answer

    She needs to file a petition for contempt against her ex-husband. The court where she was divorced is the likely where she would need to file it. Good luck.

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  • Does child support continues for college age student who is just turned 21 years old; court order is from Massachusetts?

    My son is a full-time college student and just recently turned 21. The DOR case worker in Massachusetts called me and told me that my child support is being discontinued because my son turned 21 even though he is a full-time college student and is...

    Eric’s Answer

    Mr. Long's suggestion is a good one. You need someone who knows Massachusetts law. Good luck.

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  • My ex spouse is not telling the truth about his income because he is raising another family. He's behind on CS & alimony.

    What should I do?

    Eric’s Answer

    • Selected as best answer

    You should consult an attorney. If there is a support order in place and he is not in compliance with it, he is subject to being held in contempt.

    If you were divorced after 2005, and you have minor children together, you probably have a parenting plan that requires each of you to provide your W-2s, 1099, etc. to each other every year. Depending on any changes in income since the entry of your divorce decree, you should also explore the possibility that child support needs to be modified. Once there is a contempt petition filed, you can subpoena income information from employers and perform other discovery of his income including getting copies of tax returns, loan applications he has submitted to finance anything (automobile, real estate). That will help you, your lawyer and the court determine if he has willfully fallen behind in child support and alimony, which is the standard for determining contempt.

    Good luck.

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  • What is the penalty for falsifying a W2 form in child support court to show you make less money than you actually make?

    mother of my child falsified her W2 form to look like she makes less money to get a higher judgment. I was order to pay $600 a month when I only make $1750 a month roughly $875 every two weeks. I have $1350-1400 worth of bills a month. Why are my ...

    Eric’s Answer

    You need to be able to prove that she presented false information. Issuing a subpoena directly to the employer is how you should request the W-2 that the employer actually issued. You should also seek copies of payroll stubs during the same W-2 period to compare the stated earnings on them with what she presented. Good luck.

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