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Kevin W. Chern

Kevin Chern’s Answers

106 total


  • Can I have my child support check come to me?

    I am 19 and my father is still paying back child support to my mother and I am out of the house

    Kevin’s Answer

    Generally, child support, even when paid years after the fact, is payable to the custodial parent. The reason for that is that child support is intended to cover a share of the child's care: housing, food, clothing, education, medical care, etc. Since raising a child doesn't get any cheaper because the non-custodial parent didn't contribute when he should have, it's generally presumed that the custodial parent covered his share and thus, if child support is collected after the fact, is entitled to reimbursement.

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  • Worker's compensation action against employer for injury at work

    I was recently injured at work due to two other co-workers horseplay. I had just recently started the job and was supposed to start a new full time job the day after the incident happened. Now I'm out two jobs and have a broken foot. I have been u...

    Kevin’s Answer

    There are two separate possible issues here: a possible personal injury claim and a possible worker's compensation claim. States differ on whether or not horseplay injuries are covered by worker's compensation, and that determination might depend upon the specific circumstances. A personal injury lawyer familiar with your state's worker's compensation laws and comparative/contributory negligence standard could provide the best information about the options available in your particular case. Fortunately, most personal injury lawyers offer free initial consultations, so that you can get your questions answered and find out whether you might have a viable personal injury or worker's compensation claim.

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  • Do I need a laywer?

    I had reason to believe that my 3 year old nephew was potetially in danger at the residence of his father. I went to his place to check on him and was arrested for trespass. My mother was assaulted and we called an ambulance for her, that was the ...

    Kevin’s Answer

    Any time you are facing criminal charges there are good reasons to consult a local criminal defense attorney. You need to understand the possible penalties that you're facing and also the possible consequences of actions you take while the case is pending (such as interactions with the other people involved, statements you make to police or other officials, and even comments you make in passing to friends and relatives). A local criminal defense lawyer will also be able to tell you whether or not the relationship between the judge and the "victim" in the case is sufficient that an attorney might be able to ask that a different judge hear the case. The sooner you have that initial conversation with a lawyer, the better, both because the attorney may need time to gather evidence and you could accidentally hurt your case if you don't have complete information.

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  • What happens if you are under 21 an accused of having a measurable amount of alcohol in tour blood with a passenger under 21

    If you are under 21 and are drunk and you are driving around a passenger who is also under 21 what happens?

    Kevin’s Answer

    I agree with Alan that you need to speak with a local attorney as soon as possible to learn more about your state's zero tolerance law and the related burden of proof, which may be lower than that which applies in a criminal case. I'm not licensed to practice law in the state of Maine and can't advise you on your particular case, but I can tell you generally that the zero tolerance law provides for a one-year license suspension for any minor operating a vehicle with any alcohol in his/her system, and adds 180 days to that suspension if there is a passenger under the age of 21 in the car. If you do not know a local DUI lawyer, you may be able to find one using the link below.

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  • I am 18 and my girlfriend left me and took our child. She will not let me see the baby. How can I see the baby?

    I would like to visit my baby when i want and she wont meet me anywhere because she says she doesnt want to see me. How can i see my child without getting into trouble? I have no money to take her to court.

    Kevin’s Answer

    You do not say whether or not paternity has already been established. Generally, the father of a child born out of wedlock has no legal rights until paternity is established. If paternity is not established, your state's department of health and human services may assist you in establishing paternity. However, you should be aware that absent exceptional circumstances, establishing paternity will also create an obligation to pay child support. I am not licensed to practice law in North Carolina and am not familiar with the specifics of the North Carolina process, but in many states there is a time limit on establishing paternity, so you will want to look into this right away and make sure that you're aware of any deadlines. I'm including a link to your state's manual on child support services, which includes a section on establishing paternity and contact information for the agency.

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  • My husband and I have been living apart for 1year 7 months.Is it too late for me to recieve alimony? Married 24 years. Reno NV

    In Sept of 2008 I had a lawyer try to speak with my husband to do an uncontested divorce...He would not agree to anything. We ended up losing our house my car and now I have been laid off work.

    Kevin’s Answer

    As you have already discovered, leaving things in limbo rarely works out to anyone's advantage. I can't tell you whether or not you would be able to collect alimony--I'm not licensed to practice law in Nevada and spousal support determinations take a variety of factors into account. However, a local divorce lawyer would be able to describe those factors for you and make an assessment as to the likelihood that you'd be able to collect alimony. You may want to contact the attorney you originally spoke with, if you were comfortable with him/her. If you're starting from scratch, you may be able to use the link below to find a local divorce lawyer. The bottom line is that you don't have to wait for your husband to agree--and you can see that doing so has already had some negative impact. Get the information you need so that you can decide on the course of action that's best for you and get it moving forward with or without your husband's cooperation.

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  • Can a quitclaim be filed without my signature?

    my partner in i purchased a home last year, I am co-borrower; she lives on the property, we both make payments, we have jt acct. we have separated but stil share...can she file a quit claim deed to remove me from title and property? i live out of...

    Kevin’s Answer

    I am not licensed to practice law in Washington and can't advise you on this specific situation. It seems, though, that some general information would be useful to you. A quitclaim deed generally transfers whatever rights in property belong to the person who executes the deed. A quitclaim deed generally does not affect the rights of any other parties holding interest in the land. That said, there are other issues you may want to discuss with a local real estate lawyer. First, it's not clear how you hold the property--or whether or not your name is on the deed at all. You only mention specifically that you are a party to the mortgage. How the property is titled will affect your rights. The other issue you'll want to inquire about is whether the property might be subject to partition, which is essentially a forced legal division of real property either by physical division or by sale and division of the proceeds.

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  • Can my daughte's father get shared custody if he has a drinking problem?

    I am a single parent in Ohio and my daughter's father wants shared custody to get his child support lowered. We both know that he has a drinking probem and he admits it in an email he sent to me. He does not have a DUI because somehow he got awa...

    Kevin’s Answer

    This is a question you really should be addressing to the attorney who handled your initial custody case (or a new custody lawyer if you have for some reason ended that relationship). A custody determination takes a variety of factors into account, and there are also technical requirements. A local custody lawyer can tell you whether or not there are any procedural grounds to challenge the petition to modify custody, and can also help you present evidence in a way that the court can accept and consider it. You may also want to ask the attorney about whether you should be considering a petition to modify of your own, requesting limited visitation or supervision in light of the alcohol issue.

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  • Are there any lemon laws that protect individuals from privately sold vehicles? Do I have any rights?

    After the car stopped, I had to pay $1350 to fix it. Is she liable for any of the costs?

    Kevin’s Answer

    I am not licensed to practice law in Virginia, but most lemon laws apply only to new vehicles. There are exceptions, though. The Virginia Attorney General's office (link below) offers some basic information about the state's lemon law, along with links to the state statute and resources for finding an attorney if you should determine that you need one.

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  • My most resent manager is falsly accusing me of larseny under $25.00 to the unemployment department. Can he do that?

    I was "let go" from my job a month ago and the only reason that my manager gave me was "it is a loss provention issuse." Now he is claming and accusing me of larseny under $25.00 to the unemployment department. On the day that I was terminated al...

    Kevin’s Answer

    It sounds like your employer is seeking a determination that you're not entitled to unemployment compensation because you were fired for cause. The exact terms vary from state to state and I am not licensed to practice law in California, but generally speaking most people who are fired for some kind of fault reason can't get unemployment. You specifically mention money here, but realize that larceny doesn't only apply to money--larceny in a retail situation could mean a variety of things, such as taking an item without paying for it or offering a friend an unauthorized discount. That said, some employers do fight unemployment claims even when there is no cause, and only you know the facts of what actually occurred. Fortunately, unemployment is an administrative process--at least at the first couple of levels--which means it's not as costly or complicated to fight as a court proceeding would be. Your local legal aid office may represent people in unemployment cases.

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