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Nicholas C. Zales

Nicholas Zales’s Answers

520 total


  • Can I appeal a decision in a divorce decree for judgement on attorney fees if I feel they were inappropriately assessed?

    Judge ordered me to pay legal fees to ex's lawyer who was part of a volunteer legal program. By her owe lawyer admittance he could not bill her, but sited IC 31-15-10 as why he request the court have me billed. The way I understand the code when I...

    Nicholas’s Answer

    You need to speak to an Indiana attorney to obtain an answer to this question. Even though the time could not be billed, it may well be recoverable. If you receive no responses here, look at the Indiana Family lawyers here and call one or two up. Good luck!

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  • Using a minute order to file an appeal CRC 8.108(c) "What constitutes entry"

    I would like to have someone verify that I can use this minute order to submit an appeal based on CRC 8.108(c) "What constitutes entry".Here is the minute order: https://drive.google.com/folderview?id=0BzDMsfEThp7ldnhCZDBuTjNucTg&usp=sharing ...

    Nicholas’s Answer

    In general, an Order is entered for appellate purposes when the clerk enters the order in the record. However, CA law may be different.

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  • I am trying to find out what form(s) I need to complete to file an appeal of child support in the state of Wisconsin.

    The amount decided upon is far too much for us to be able to afford and still pay all of our bills. Also, the mother's income was not factored into the decision at all. Please help.

    Nicholas’s Answer

    If you are talking about appealing a circuit court judge's decision you will need a lawyer to have any chance of prevailing. Appeals in family law cases are very difficult, because the rules that apply to appeals of such case involve a great deal of deference to the circuit court decision. If you are talking about appealing a court commissioner's decision, you need to do that to the circuit court That process is much easier but you need to act quickly. The clerk's office in Racine has the forms and instructions you need if you are appealing from a court commissioner's decision. Good luck!

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  • In a child custody battle and want to know if my ex can use the same lawyers that I previously hired on a different legal case?

    I previously hired a partnership law firm for a legal issue, since then I have divhorced and am currently in a child custody battle and my ex has hired that same law firm to work against me and I am wondering if she can legally hire them to repres...

    Nicholas’s Answer

    In general, they cannot. However, there are some exceptions. You can ask this law firm to withdraw or file a motion to have the firm disqualified.

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  • Mom's dead and childless stepfather has no will. Who stands to inherit? Me, the only child or stepdad's brother and family?

    They lived in NC before her death and there is a house and personal property involved. StepD thinks that things will automatically go to me because my mom would have wanted it that way. If only it was that simple....

    Nicholas’s Answer

    Every state has statutes that govern distribution of property after death with no will. Perhaps you could post this in the North Carolina section of AVVO. Good luck !

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  • Can my ex wife still use my last name?

    In our divorce, my ex wifes family name was reinstated upon her approval, yet in unofficial situations she still uses my last name. She introduces herself as my last name, I've.been told she tells introductionees that she's my wife, she uses my la...

    Nicholas’s Answer

    Yes she can, as unpleasant to you as it is. In general, unless people are trying to defraud someone, they can use any name they want. If she was given the option, but not the requirement, to change her name back, she can do it. If, however, she is trying to defraud people you might be able to get the court to act.

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  • Enforcing a judgement

    My ex-husband is not in compliance with the divorce judgement. 1. If I retain an attorney to try to get the courts to force him to comply, what is the likelihood that the court will also require him to pay my legal fees? 2. Even if I get...

    Nicholas’s Answer

    I agree with the other attorney's answers. I only caution you that some judges are very stingy in awarding attorney's fees on contempt motions. You may get back 100% or maybe only 50% or sometimes nothing if the other side has some lame excuse the judge buys. Is it worth hiring counsel, absolutely! Just be prepared to not get all your attorney's fees in case you win. Good luck!

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  • How can I go about legally having money returned to me that's owed in the thousands?

    No contract just verbal agreement however have multiple social media messages of the other individual stating they will make an attempt to pay however I haven't seen a dime in the course of almost 11 months. Just wondering what my options are.

    Nicholas’s Answer

    I agree with Atty. Passe. Also, contracts need not be in writing to be enforceable. If the amount is less than $10,000 you would need to use the small claims court. The Wisconsin Supreme Court website has forms for just that from A-Z or hire a lawyer. Many will give you a free consultation. Good luck!

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  • If I hired a lawyer 9 years ago is my retainer fee still good?

    My daughter needed a lawyer when she got pregnant because she was afraid the father would take away her child. I hired a lawyer for her. The fee was over a thousand dollars. I need to hire a lawyer again so that my daughter can transfer her cre...

    Nicholas’s Answer

    Simply contact that lawyer and see what you can work out. As the other attorneys noted, nine years is too long to expect a lawyer to keep working on an old case without new money. I would just call that lawyer up and see what he/she says.

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  • My ex wants to do a change of venue in a county where my kids do not live and never have lived, is this right?

    Shouldn't the venue be changed to the county where the children reside? It states in the paperwork "I am not sure whether the Mother objects Therefore I request a hearing on the matter only if the court requires one." Do I get a say in this? Th...

    Nicholas’s Answer

    I agree with Atty. Briggs. You should consider objecting to her motion and filing your own to change venue to the county you prefer.

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