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Starla D. Zehr
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Starla Zehr’s Answers

67 total


  • Can my s/o be depositioned during my divorce?

    My soon to be ex is threatening this

    Starla’s Answer

    Yes, you are subject to deposition if the discovery process has not been closed by scheduling order and the deposition has been properly noticed. You should speak with your attorney or consult with an attorney if you receivea deposition notice.

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  • Can court deny my name change request?

    I am a recent convert to a religion. I would like to change my name for religious reasons. I want to change my name to something that reflects my new faith. My state website states that the court can deny a name change if the person as a criminal ...

    Starla’s Answer

    Yes, your request can be denied. However, if you follow all strict name change requirements, a deniel would be unlikely and the Court would have state grounds for the denial. If the grounds are not proper, you may be able to appeal.

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  • Do I have to publish my name change in Michigan?

    I am changing my fist and last name for religious reasons. My state of Michigan requires name changes to be published in a local newspaper. I am a victim of domestic violence and stalking. I have an active restraining order against an ex boyfriend...

    Starla’s Answer

    A request for name change requires publication.

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  • I pay child support but my son has been living with me for the last 4 years.Is there anything I can do to stop payments?

    My son is 17 years old.I live in a different state than the mother.

    Starla’s Answer

    You must file a motion to modify/terminate child support before the Court which retains jurisdiction for the current support order. You may also seek appropriate support from the non-custodial parent.
    However, it is critical to seek a de facto change of custody order together with your motion to terminate child support for the reason that the child has been residing with you for the past four years, and there is now a new custodial arrangement.

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  • Does my ex have any rights to see our son today, on his birthday?

    according to the guidelines, he should have had him yesterday, the day before. He did not try and get them, or even ask. Now he is threatening me and sending me nasty texts. I really have no idea what to do?

    Starla’s Answer

    Your ex is not technically entitled to have parenting time for the birthday unless there is a court order that specifically provides for this parenting time. However, your decision should rest upon what is in the best interests of your child, and if you can make reasonable arrangements to accommodate scheduling.
    However, if there is no provision for parenting time for Father on son's birthday, you are not violating your court ordered arrangement.

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  • Where do you reference a QDRO in the Divorce Decree?

    Form 19, Texas, I have a seperate order but I know that it needs to be reference in the actual decree under property. Which line?

    Starla’s Answer

    I do not practice in the state of Texas. However, typically, a Judgment of Divorce or decree references the QDRO within the property settlement, and often within a provision that specifically defines disposition of the Retirement Programs. This provision will also usually require specific terms such as % of disposition and the date of the marital portion, together with the specific plan name.
    Ultimately, unless a proper QDRO is prepared, entered by the Court, AND properly qualified by the Plan Administrator, the retirement asset will not be properly divided.

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  • What is this request to prodeuce "custody Interrogatories" and how is it used?

    I filed for establishing a parenting plan, time sharing plan. basically custody . an order for support from paternity was issued right after birth. but at same time she gave the little girl to me so she could be free to work, parttime school &what...

    Starla’s Answer

    Attorneys often engage in a process called "discovery." Discovery may include Interrogatories which are questions which are answered under oath, or even Requests for Production of Documents or Admissions, and ultimately, depositions are sometimes used, which is testimony under oath in the presence of a court reporter.
    You are required to answer the document if it is properly prepared, but this area is often complex and you would be wise to seek legal counsel before submitting your Answers to opposing counsel.
    You may also prepare your own discovery request and submit it to the other party, conditioned upon your request being in conformity with local court rules.

    If you fail to answer, sanctions may include court enforcement, or even a default for your lawsuit; however, this would require the other party to seek proper court enforcement.

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  • What if a couple is planning to divorce but will remain in the same residence afterwards

    my husband and i are considering divorce but neither of u can aford to move. Can we stay in the same residence

    Starla’s Answer

    You may still remain in the same residence as a divorced couple. This is sometimes necessary for many couples who cannot afford to sell or move from their home at the time of the divorce. The divorce will require you both to testify and affirm that you no longer cohabit as Husband and Wife, and you will need to negotiate specific terms on how you will handle the home, bill payments, and what happens if either of you ends up vacating. Obviously, there will need to be some plan in place for how you will handle this property, but if you own it, you many agree to remain as tenants in common (or continue your joint ownership of the property); but this may lead to other disputes later if you do not have specific terms.

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  • My wife took our savings and deposited it in her name. She then filed for divorce.

    We live in a community property state (WI). I don't have enough money to hire a lawyer. Can I ask the court to provide 1/2 the money for a lawyer?

    Starla’s Answer

    You will need to file a proper answer to the divorce lawsuit and then you may request that the Court enter an Order to release half of the savings to you. You may also attempt to retain an attorney who may file an Answer with a proper lien arrangement on your equitable portion of the savings account. It is most critical that you attempt to hire a lawyer to handle this in the proper manner, but if you cannot, at least file an Answer and a motion to the Court to request your fair portion of this marital asset. You will need evidence to show the existance of the joint account and balance, and that you need the funds to retain counsel.
    (you should have estimates available for what you will need).

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  • If I tried working things out with my sons father does that make my custody papers null and void?

    We only lived together again for about 2 months but since we split up he wants to take our son whenever he wants and it takes about a week to be able to get my son back on his schedule. his father is only suppose to get him everyother week. I need...

    Starla’s Answer

    Your court order remains valid and effective and it is up to you to return to court to enforce the Order if Father is violating the terms of the Order. Your personal conduct has not
    acted to void any legal order and this Order is what governs your custody and parenting time arrangement. However, if you should continue to operate outside of this court order, you may expose yourself to creating an altered custodial arrangement which could lead to a modification of the Order if Father makes a proper request to the Court.
    I strongly recommend that you follow the court order as closely as possible until a proper routine is established, or return Father to Court for violating the order.

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