Eric Hamilton Espey’s Answers

Eric Hamilton Espey

Germantown Divorce / Separation Lawyer.

Contributor Level 5
  1. Can an auto accident case be dismissed without prejudice ?

    Answered over 1 year ago.

    1. Jeffrey Mark Adams
    2. James Allen Frazier Jr.
    3. Eric Hamilton Espey
    4. Stephen Alan Sauer
    5. Paul Y. Lee
    6. ···
    12 lawyer answers

    I am sorry to hear about your situation. Your attorney is correct. An insurance company will not pay a settlement if you do not sign a release and dismiss your case with prejudice. That is that nature of the deal. The insurance company pays you the settlement funds, and in return, you dismiss your claims forever. If you do not understand why you have been advised to settle, you should discuss the specifics with your attorney. There are sometimes many factors involved in the decision...

    13 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Eric Hamilton Espey
    3. Misty Danyel Parks
    4. Lauren Wilson Castles
    4 lawyer answers

    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....

    Selected as best answer

  3. How does my demand letter effect the amount an attorney will demand if my insurance does not accept it and I then need to sue?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Sean Michael Patrick
    3. Daniel Nelson Deasy
    4. Eric Hamilton Espey
    5. Andrew Daniel Myers
    6. ···
    6 lawyer answers

    I don't think you should send any demand letter. It will likely undercut any negotiations that may have to occur later. It sounds like you need let an attorney handle it, one who has experience with injury claims and placing value on them based on his/her experience. You take the risk of selling yourself short. For one, you may have more significant of an injury than you think. If you only have ten days, don't hastily try to settle this. Haste makes waste.

    4 lawyers agreed with this answer

  4. Does Government assistance effect Alimony and Child support ? ? ?

    Answered over 1 year ago.

    1. Eric Hamilton Espey
    2. Jeffrey Archer Rossman
    3. Trudy Lynn Bloodworth
    3 lawyer answers

    There are many different issues at play here, and I'm sorry that you are facing such a difficult set of circumstances. It sounds like your income was imputed pursuant to the child support guidelines, but without knowing exactly how or why the court set your income level at $2,441, it is hard to answer your question about whether any form of public assistance would affect your support. You should discuss that with your attorney. In terms of a perception problem that you are worried about...

    Selected as best answer

  5. Do we have any recourse?

    Answered 9 months ago.

    1. Eric Hamilton Espey
    1 lawyer 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.

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Jon Daniel Long
    2. Eric Hamilton Espey
    3. John Murphy Milazo
    3 lawyer answers

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

    1 lawyer agreed with this answer

  7. In a divorce citing irreconcilable differences, with no child custody or property disputes, does it matter who files first?

    Answered over 1 year ago.

    1. Jon Daniel Long
    2. Eric Hamilton Espey
    3. Jere Franklin Ownby III
    4. Dennis Wayne Stanford
    5. David Alexander Browde
    5 lawyer answers

    No. It makes absolutely no difference.

    1 lawyer agreed with this answer

  8. Unpaid Court Ordered Lifetime Alimony in the State of Louisiana

    Answered 9 months ago.

    1. George Lawrence Rice III
    2. Eric Hamilton Espey
    2 lawyer answers

    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.

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

    Answered over 1 year ago.

    1. Jeffrey Archer Rossman
    2. Eric Hamilton Espey
    3. Dennis Wayne Stanford
    3 lawyer answers

    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.

  10. Separated ( not legally ) from my husband for 7 months now . Can I file for child support ?

    Answered over 1 year ago.

    1. John Murphy Milazo
    2. Henry Garth Click
    3. Patti Jon Burton Garner
    4. Eric Hamilton Espey
    4 lawyer answers

    Yes you can seek child support if you are separated, even if you are not divorced. I am sorry that you were in a situation that you had to leave. I think you should consider filing for divorce, unless you think that you will reconcile. If you don't seek divorce, you can seek child support through Juvenile Court. That is a process that you can start yourself, although my experience is that this process can take a little bit longer compared to hiring an attorney, filing for divorce and...