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Robert S. Whims
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Robert Whims’s Answers

37 total

  • I am divorced and 4 years ago this month, the court ordered supervised visitation. He never exercised those visitations.

    As of the last few months he has been texting me demanding to see the children. When I tell him he needs to go through friend of the court he becomes very angry and says horrible things. Last month he informed me he quit his job so he didn't have ...

    Robert’s Answer

    Follow your court order regarding visitation and make him jump through all the hoops. If you suspect violence may truly be an issue then you should petition the court accordingly. If the court order has language about that, as you mention, then hopefully it gives you a clear remedy as to what to do when he engages in that conduct.

    Support and visitation are not linked. He is required to pay regardless of whether he sees his children. Most Friend of the Court offices will not change support recommendations for parents that quit their jobs, and even those that are fired must still pay support although there are circumstances that may allow that parent to get their support obligation lowered.

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  • I filed a no-fault divorce 1/2/13 and served him on 1/12/13 what happens if he doesnt sign the papers I sent, just ignores them?

    I know about the 90 day waiting period, but I already filed my consent and everything, I'm just waiting to see if he sends me back his paperwork signed or just ignores it. He said he would sign thats why I went ahead and did it myself but I dont k...

    Robert’s Answer

    You must properly serve your husband with divorce papers and in the state of Michigan that means he has to be either personally served on your husband (and not by you) or with some form of mailing which proves he signed for it. You cannot proceed without that. If you do get him served he has either 21 (if personally served) or 28 days to answer. If he fails to answer in those timelines you can have a default entered which is a bit like a 'forfeit' in a sporting contest. Hope that was of some assistance.

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  • I am a parole abscoder with a( 5 years ) and I got picked up ecently

    I had paraphenalia in the car owned by my girlfirend and I am am also being chraged with running a meth lab. I have 2 previous felonies. what can I axpect and can my girlfriend be in trouble?

    Robert’s Answer

    Many, many unknown variables in your question such as the ages and severity of your priors, the amount of 'proof' that the prosecution thinks it has, and what evidence, including things like statements, finger prints, literature, 'cooking' gear, etc. that they have seized and from whom. You would likely be charged as a 'Habitual 3rd' and there are sentencing guidelines that the court is required to follow if and when you are convicted of any crimes.
    Get a lawyer and get busy with building your defense.

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  • I need to know how can i get my property back the police took for me a year ago because my lawyer give me the run around.

    Well about a year ago the police took me to jail at a friend house with him because he had to stolen car in his drive way. We was outside talking and they pull up so i run, but stop and said to myself why was i running. They lock me up, but in the...

    Robert’s Answer

    As mentioned above, a hearing before the same judge would likely be the easiest and fastest way to resolve the claim. Conceivably you could seek contempt sanctions against the police. In the alternative you could file your own civil cause of action such as a claim and delivery,

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  • My brother is being charged with UDAA of my vehicle. After wanting to drop charges

    My brother is being charged with UDAA. I had given him permission to take my vehicle and after about 3 or 4 hours of him not returning my phone calls and not returning my vehicle I reported it stolen. Right after I had done that He called me to te...

    Robert’s Answer

    It is a common misconception that the 'victim' of a crime presses charges. In fact, it is the State that presses charges and the victim is just one of the witnesses. That said, you should have substantial influence on whether the prosecutor will go forward with the case, and unless your brother has a bad prior criminal record many prosecutors would let a case like that be resolved by dismissal or substantially reduced charges.

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  • My husband is currently in jail for Domestic Violence and Telephone Interference, he was released on a $10,000.00 Bond in which

    he violated his Bond Agreement and back to jail he went. He's currently still in jail and the Detective is actively doing an investigation on him pertaining to other possible crimes. He has also tired numerous times to get the court to reinstate a...

    Robert’s Answer

    • Selected as best answer

    Absent some pretty significant circumstances, the civil suit you mention is likely to be a waste of time on your husband's part and have little impact on the criminal charges. In any case, you need to take steps to protect yourself as your question indicates you are the one he has used violence with and went right back to that upon his release. Please make certain you are wise in your decision making regarding your husband - he sounds dangerous. Good luck.

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  • How do I get an improper construction lien removed from my home? I live in Michigan.

    Material delivered 8-23-12. Notice of furnishment on 10-10-12. Roofing company was paid, under receivership now. Michigan law states 20 days from delivery of material to send notice of furnishment. Building material company stated no "notice of c...

    Robert’s Answer

    Clare and Fenton counsel have pointed you in the right direction. There is one other avenue though that might be of assistance. Up until a few years ago there was a state entity that builders like myself paid into called the 'Homeowners Construction Lien Recovery Fund" (HCLRF) that would remove the lien for you if you followed certain steps. With the downturn in the economy the fund ended up going bankrupt, but one procedure still exists - that you file an affidavit stating you have paid the contractor in full if a case is filed, and it provides a presumption in your favor. Unless the lien holder provides clear and convincing evidence in the alternative, you can get an order to discharge the lien.

    Good luck.

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  • Can I sue a flooring company for not finishing a floor correctly after 3 attempts to do so?

    I bought a floor from World of Floors through art van and its been 4 months since original install date and it's still not finished. The contractors they hire have not done their job correctly and have thus caused the following issues: they have...

    Robert’s Answer

    As noted above, it is important to know exactly who you contracted with - Art Van or some sub-contractor. In Michigan only warranty repairs require you to provide notice and a chance to cure (repair) the damages. From your facts it sounds like you have certainly done that.
    Common causes of action for a case like this are breach of contract and sometimes negligence. If the subcontractor is unlicensed, you may be able to sue under the Michigan Consumer Protection Act (MCPA) and that could get your attorneys fees paid if successful in your case.

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  • When does the wifes dower rights end , after devorce ?

    date its final ?

    Robert’s Answer

    Your divorce judgment should have a clause in it that specifically says that dower rights are extinguished. A court would not likely enforce a 'gotcha' omission in a judgment, if that is what it is. Need more facts to get a better feel for your question.

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  • Two days ago my brother came to my house .we both was drinking got into figth. His is on felony probation .

    He told them I did damage to him and his Car why are police looking for me and he not in jail

    Robert’s Answer

    Don't talk to anyone about this matter except an attorney that you hire. Your brother appears to have placed blame on you, although from the brief facts that you've posted they may instead be seeking information to develop a probation violation against your brother - for instance he's assumedly not allowed to drink while on probation or perhaps his license is suspended so there's no legal explanation for his driving to your house.

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