Joshua Sanford’s Answers

Joshua Sanford

Little Rock Employment / Labor Attorney.

Contributor Level 7
  1. What makes a affidavit court binding in the State of Arkansas

    Answered 5 months ago.

    1. Joshua Sanford
    2. Kathryn L. Hudson
    2 lawyer answers

    Arkansas has a specific statute authorizing a DNA test. Your affidavit is not binding if the DNA test shows that you can't be the father. You can never get back the child support that you have paid, so you should hire an attorney immediately.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My ex and I divorced in 2007 - he was awarded the house and was given 12 months to refinance in his name only. He never did so.

    Answered 4 months ago.

    1. Joshua Sanford
    2. Camille Edmison-Wilhelmi
    2 lawyer answers

    Your situation is complicated and you need an attorney--immediately--who can file to re-open the divorce case for a post-decree modification AND enter the Ch 13 case of your ex to file the appropriate motion(s) and negotiate with the Trustee. And this should be done ASAP.

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  3. Can my employer change my pay rate without giving me notice?

    Answered 5 months ago.

    1. Adam Kielich
    2. Kathryn Mary Holton
    3. Rengin Jamal Bekhtyar
    4. Pearlette Vivian Toussant
    5. Joshua Sanford
    5 lawyer answers

    If your employer cannot explain to you its pay policies in a plain and honest way, then that is very strange. However, the law only guarantees minimum wage*, and increases from time to time are legal (and should be welcome). If you work over 40 hours in any week, they MUST pay you 1.5 times your base rate that week unless you qualify for an exemption. (It is unlikely that you are exempt, since they are in fact paying you on an hourly basis.) * If your employer qualifies as an employer...

    4 lawyers agreed with this answer

  4. If a child goes to live w/ the noncustodial parent is that parent required to continue support payments?

    Answered 5 months ago.

    1. Joshua Sanford
    2. Paula Brown Sinclair
    2 lawyer answers

    It cannot be effectively done without a lawyer, but it can be done without a court appearance. The right lawyer will prepare an agreement for you and your ex- to sign, and then present it to the Court--you won't have to go. WARNING: Until this is done, you still owe child support in Arkansas courts. In fact, a judge was just reverse by the appellate courts last week for applying a child support change retroactively. The longer you wait, the more money you may be costing yourself. (Except...

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  5. I had issue with previous employer, EEOC issued the Notice of Right to sue, does it go by the date that was issued?

    Answered 5 months ago.

    1. Joseph Charles Shoemaker
    2. Benjamin Harris Yormak
    3. Joshua Sanford
    4. Mishka L Marshall
    4 lawyer answers

    You are asking all of the right questions, and you have done what you needed to do so far. The law is simple on this point, even if it is a little unfair. You get 90 days from your RECEIPT of the Right to Sue Letter. Generally, the law adds 3 days from the date of mailing to come up with the date of receipt. To eliminate that issue, most attorneys who are serious about filing winning claims will make sure they file within 90 days from the date of the mailing of the Right to Sue letter. If,...

    5 lawyers agreed with this answer

  6. I live in Arkansas. Can i be judgement proof if i make about 21,000 a yr. ...i have 2 babies and daycare takes all of my money.

    Answered 5 months ago.

    1. Michael Robert Niederbaumer
    2. Joshua Sanford
    3. Robert J Adams Jr.
    4. Christine B. Adams
    4 lawyer answers

    This is a run of bad luck you have hit. However, things will only get worse if you do not hire an attorney to defend the lawsuit (and raise the three year statute of limitations defense) OR file for protection under the bankruptcy laws. Whatever you do, don't wait. You can definitely be garnished, up to 25% of your paycheck regardless of the needs of your children.

    3 lawyers agreed with this answer

  7. If I want to get a message to a probate court judge pro se, do I write his office directly or the probate court?

    Answered 5 months ago.

    1. Brandon Michael Haubert
    2. Scott Allen Scholl
    3. Joshua Sanford
    4. Timothy Edward Kalamaros
    5. Jonathan Craig Reed
    5 lawyer answers

    You are currently not represented by an attorney, which, in my experience, makes you very unlikely to be able to make the wheels of justice turn to your benefit. (You already realize that they turn slowly as it is.) Hire a lawyer, and he or she will file a petition for a distribution or to otherwise compel the Estate attorney to wrap things up. You might be able to hire the attorney on a contingency basis or on a delayed-payment basis so that you don't pay the attorney until you get your...

    3 lawyers agreed with this answer

  8. How can I regain custody of my daughter and change birth certificate?

    Answered 5 months ago.

    1. Joshua Sanford
    2. Kathryn L. Hudson
    2 lawyer answers

    Congratulations on getting through the difficult times and getting to a place in your life where things are stable and good again. You will very likely succeed in adopting your child here in Arkansas whether your mother consents or not, since you are the child's physical custodian. (However it is certainly faster and cheaper if she agrees.) The child's bio dad has NOTHING to do with this next adoption. In the eyes of the law, you were never your child's mother: you are merely siblings. You...

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  9. I was terminated for testing positive for my prescription medications.

    Answered 4 months ago.

    1. Joshua Sanford
    2. Camille Edmison-Wilhelmi
    2 lawyer answers

    Because the notion that you were under the influence" at work is total conjecture on the part of your employer, it is clear to me that your employer actually just wanted to terminate you--and there is simply nothing that can be done in Arkansas to curtail that kind of treatment--we are an at-will state. Your best move now, in my opinion is to do two things: get your resume in order and start looking for new work and (2) consult, ASAP, with a qualified attorney about whether you were properly...

    2 lawyers agreed with this answer

  10. Should I pay a civil demand letter?

    Answered 5 months ago.

    1. Christopher Daniel Leroi
    2. Joshua Sanford
    3. Jonathan Aaron Weinman
    4. Matthew James Casebolt
    4 lawyer answers

    A middle road which you did not suggest is paying $64.65. On the memo line of the check you write "payment in full", and then I believe you have addressed the issue completely. I definitely would not pay $250.00 just because you got a letter demanding that amount. However, If you are in the business of protecting your credit rating then you do need to address the problem somehow.

    2 lawyers agreed with this answer

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