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Jennifer A. Broussard
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Jennifer Broussard’s Answers

46 total


  • Is this retainer fee reasonable and how do I cover the expense? Will husband have to pay my lender back for it?

    Married 28 yrs, stay at home mother for 25 yrs. No income of my own. Consulted an attorney who requested a $7500 retainer. I don't know if this is reasonable for collaborative divorce and if I withdraw this sum of money from the joint acct how do ...

    Jennifer’s Answer

    Your husband does not sound like the collaborative type of client. If he is controlling and abusive before you start the divorce process, he will be controlling and abusive during the process. That is not the mind-set one needs to be successful in the collaborative process. Before you withdraw the money, I highly recommend that you speak with a litigation attorney. Secondly, it is OUR money, not HIS money. You have just as much right to it as he does and I am certain he will be withdrawing money to pay his attorney. And that it as it should be. This is a community property case and the community should be paying for this divorce.

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  • If a child runs away from state custody and turns 18, what happens then?

    The child was reported as a runaway from Tennessee and Mississippi has put her into a foster home. the child will be 18 in 8 months. They will not release to the parents because of thc in their system. If the child runs away from Mississippi, w...

    Jennifer’s Answer

    Unless she is running from criminal prosecution for some crime, once she is 18, neither state will care where she lives.

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  • How can the other parent be stopped taking me to court for no reason other to get support changed?

    The Mother of my boys continues to take me back for no good reason other than for money reasons. She doesn't communicate as a co-parent when there is alleged issues with our boys instead she uses the atomic bomb. She goes directly to FCS and files...

    Jennifer’s Answer

    A parent always has access to the courts for a review of what is in the best interests of the child until that child ceases to be a child and becomes an adult. No amount of mediation, contracting or stipulating will change that. It is a constitutional right.

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  • If my son is in my custody do I have to pay my back child support?

    My son was living in Atlanta with is mother. I live in N.C. We have no formal custody agreement. My son is now living with me here in N.C. I have him enrolled in school. My son's mother has me on child support from Atlanta. I owe $5,000.00 in back...

    Jennifer’s Answer

    If your ex is getting child support through the Attorney General's office then there is a judgment, signed by a court which says you have to pay. If you are in arrears on that judgment, then eventually, the Attorney General (probably in your state) will contact you about setting up a payment plan to get that paid off. It cannot be erased or forgiven by the state.

    In order to get the child enrolled on Medicaid the Georgia order will be transferred to North Carolina and modified to reflect that you have custody. Your child support obligation will cease as of the date you took custody and she will then pay support. But, you will still owe the back support.

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  • I married a woman who had a std, she never told me this pryor to our marriage .Can I get this marriage annuled.

    She left ans went to another state over a year ago.

    Jennifer’s Answer

    Google: "rules for an annulment in Virginia" There are several law firms which discuss this issue and give you the parameters set by the state. Also, the state statue is there. But, you probably need to speak with a lawyer to see the best course to pursue -- even if you end up doing a do-it-yourself divorce -- consult with a lawyer first.

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  • Is my husband considered abandonment?

    My husband as been wanting to seperate for five months now, however he wants me to leave which I am not doing. He has emotionally abandoned me and he has physically moved to the large storage bldg. on our property. Is this abandonment? If so doe...

    Jennifer’s Answer

    You definitely should consult a local attorney at a minimum. Usually state laws require a true abandonment - no physical contact, no financial support - including paying mortgages, utilities, food, clothing, medical insurance and care, etc - for a period of time - like 2 to 3 years -- before they call it abandonment.

    A declaration of abandonment in and of itself does nothing to help you other than the mere facts of the abandonment may influence the judge to feel that he has failed in his obligations to a wife and give you more of the property. However, spending the money to try to get that declaration will not likely prove financially worth while. You can get the same facts in without focusing on getting that determination.

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  • What happens to an active duty member that marries someone who is married to another still?

    I was common law married to a man. We never got divorced, but split. He remarried an active duty military member two years ago. They have been recieving monetary allowances due to the marriage. I just recently found out that the common law mar...

    Jennifer’s Answer

    In most states, one who wants to claim that a marriage was "common law" and then obtain a divorce for the division of property must make that claim within a certain period of time from the date of separation - like 2 years. I do not know what period of time Washington has or if it even has one, but until you make certain what that period of time is in Washington and whether you are still inside that period of time or you are outside that period of time and, therefore have lost your right to claim a marriage, you do not know if your can claim that you were married.

    As to what can happen to him, probably nothing. Because you waited so long to raise this claim the military will not do anything just because you have now raised the issue. If you hire a lawyer and prove in court that you 1) were common law married under the laws of Washington and 2) you did not wait too long to make this claim for divorce, then the military will consider him married upon his marriage to an active duty personnel. However, as the court is making all of these findings, it will also be granting you and the man a divorce, which would then take only a written declaration by the man and his wife that they believed they were legally married and intend to continue that union. So, nothing will happen in the long run. You will have spent a considerable amount of money and the serviceman will suffer no consequences.

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  • If a friend annulled her marriage to a us citizen, how long can she wait before getting married again?

    my friend is here on a visitors visa. she got married to a US citizen last month after staying in the country for 2 and a half months but the marriage did not work. she is the process of annulling the marriage through a lawyer. She is currently da...

    Jennifer’s Answer

    It will always look like a fraud because that is what it is. Actions speak louder than words.

    But, to answer your question, in Texas, one is not free to remarry for a period of 30 days following the Judge's signing of the Decree of Divorce or Annulment.

    I doubt seriously that under these facts, the wait of 2 months will in any way obfuscate the true facts.

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  • Can I change my last name to my mother's last name when I turn 18 yrs of age.next year?

    My mother got married and I want to change my last name because my stepfather has taken care of me since I was 5 years old and I want to have his last name. I want to know if I can persue this when I turn 18

    Jennifer’s Answer

    Yes, you certainly can and it should not be an expensive or protracted process.

    Go online in Google and type "How do I change my name in Alabama" You will find the forms to fill out to file in your county and get the process started.

    Good luck to you. I am so pleased that you have had this loving man in your life.

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  • Once divorce issues are resolved in another state, what is required to get married in Alabama?

    My boyfriend contacted a friend who works in the marriage office in another state prior to marrying me in Alabama and found out through the friend that his ex wife never filed the signed 2007 divorce papers in that state. He is currently working ...

    Jennifer’s Answer

    Once he is divorced in the other state they you are free to apply for a marriage license in the new state. Applying for a marriage license does not make you married. Only after an authorized person has signed the marriage license stating that the marriage took place are you married.

    Make sure your boyfriend acquires a certified copy of the Decree of Divorce from Alabama.

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