Scott Allen Scholl’s Answers

Scott Allen Scholl

North Little Rock Family Law Attorney.

Contributor Level 18
  1. I got injured on job what can i do

    Answered 7 months ago.

    1. Scott Allen Scholl
    2. John M Connell
    3. James Patrick McLane III
    4. John M O'Brien
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Check with an attorney who handles both workers compensation claims and personal injury cases. Based on the limited information we have, I suspect that if you file a workers' compensation claim your employer's insurance carrier will try to allege that your injury occurred outside the scope of your employment. Then, if you file a personal injury claim they will likely try to assert that it was an on the job injury and that the exclusive remedy is workers compensation (as Mr. Connell stated,...

    11 lawyers agreed with this answer

  2. Can i move to texas before getting sued?

    Answered 10 months ago.

    1. Craig Bernard Mitchell
    2. Scott Allen Scholl
    3. Daniel Nelson Deasy
    4. Erik Priedkalns
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    If you were driving in Arkansas and caused an accident, the injured party can still bring a lawsuit, in Arkansas, against you regardless of whether or not you have moved prior to the filing of the suit. Then, if that party obtains a judgment against you, they can register the judgment in Texas or whatever other state you have moved to and enforce the judgment against you there.

    8 lawyers agreed with this answer

  3. Is a revocation of a Durable POA signed and notarized in Arkansas valid in Louisiana,where the POA was formed?

    Answered over 2 years ago.

    1. Scott Allen Scholl
    2. Abel Lopez
    3. Steven J. Fromm
    3 lawyer answers

    Your mother can revoke the POA any time she wants, from any location she wants. Your mother can revoke the POA by simply telling the agent verbally that she is revoking it (although it would still be a good idea to have a written revocation that you can provide to third parties inasmuch as they may be provided with a copy of the POA and not know that your mother told the agent that the POA was revoked. Even if the POA is not revoked, under a power of attorney, the agent (3rd child) has no...

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  4. Is adoption and child custody the same thing?

    Answered 9 months ago.

    1. Scott Allen Scholl
    2. Erica Durr
    3. Lee Alan Thompson
    3 lawyer answers

    They are not the same thing, they are two completely different causes of action, and not even held in the same type of court (even if it is the same judge hearing the custody case and the adoption, custody will be in the domestic relations division of the circuit court, while an adoption will be in probate court). If the adoption is granted, all of your parental rights will be terminated and you will be a "legal stranger" to your child/ren. If your children are important to you, you need to...

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  5. Can my husband get any of an IRA in our divorce?

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Joseph Franklin Pippen Jr.
    3. Matthew Erik Johnson
    3 lawyer answers

    You will want to ensure that you do not co-mingle any of the funds you receive from the IRA with any money earned during your second marriage or held jointly with your second husband. If you do not mix the monies, the funds from the IRA will not be considered marital property.

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  6. Can noncustodial father (lives out of state) take child for overnight/weekend trips without my consent.

    Answered 7 months ago.

    1. Scott Allen Scholl
    2. Lee Alan Thompson
    2 lawyer answers

    If you were never married and there hasn't ever been an adjudication of paternity, then the father has few rights and under Arkansas law the mother has custody unless and until a Court orders otherwise. That means you can put limits on visitation. If you do not believe it is in your son's best interest to go on an out of state trip with his father (which would be reasonable if your son does not recognize him). You could actually deny him all visitation -- but it would be best for your son...

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  7. Is there any possible way my husband can get credit for his child support payments made during deployment?

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. William Emil Cassara
    3. David B Pittman
    3 lawyer answers

    Even if OCSE takes the position that they will not give him credit for the payments, it will be up to the judge to decide whether or not he receives credit (I am assuming that OCSE is going after him for arrears). Keep in mind that OCSE is there to collect child support, not to help out the parent ordered to pay support. As the cliche goes, hindsight is 20/20, but if you have an order that requires payments to go through the Court's registry or through the Clearinghouse, pay as the order...

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  8. Is it possible for a person to have to have tort liability for both assault and battery?

    Answered over 2 years ago.

    1. Scott Allen Scholl
    2. Marc Sean Hurd
    3. Lars A. Lundeen
    4. Raymond Scott Costantino
    4 lawyer answers

    Unless I miss my guess, I bet your instructor has a particular case in mind when they formulated the assignment. ;)

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  9. How likely am I to be awarded spousal support in a legal separation and/or divorce?

    Answered 29 days ago.

    1. Scott Allen Scholl
    2. R. Keith Pike
    3. David Alexander Browde
    3 lawyer answers

    Based only on what you have posted, it would seem that you have a good claim for spousal support/alimony. It appears that you will be able to show a need for support, and many of the factors that the Court will look at when considering whether to award support appear to be in favor of support.

    6 lawyers agreed with this answer

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  10. What happens with my military pension if my wife can not find me to serve me the divorce papers.

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Rixon Charles Rafter III
    3. David Littman
    4. John Daniel Hafemann
    4 lawyer answers

    Contrary to popular belief, federal law does not control the division of military retirement benefits in a divorce. Federal law merely allows the states to divide military retirement as they would other retirement benefits. Different states have different laws, so you will want to check with someone who practices in any jurisdiction your wife is likely to file (she may have a choice of different states) who is familiar with military divorce issues. If you are still in the military, you...

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