James C Underhill Jr.’s Answers

James C Underhill Jr.

Contributor Level 14
  1. I hired an attourney that has since been bard to practice law.I dont now what to do.

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Daniel Nelson Deasy
    3. John Addison Vos
    3 lawyer answers

    You need to do several things right away. First go online to the following site: http://www.coloradosupremecourt.com/Search/AttSearch.asp This will let you enter the lawyer's name and see his current status. Another tab on the results will also let you see his disciplinary history and status. Figure out from that data if he took your money while barred from practice, or was he barred during your representation? If your lawyer is currently ineligible to practice, call the regulatory...

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  2. Can socal services threatn families because they know a mom & kids whos dad/boyfriend was conviced of a sex crime but has stay?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Daniel Nelson Deasy
    3. Christian K. Lassen II
    3 lawyer answers

    There is something missing from your story. Social services (DFS) does not randomly call around to find people you know and then threaten them. If your friends are being told this information, its because (in all likelihood) they called DFS so see what is going on. DFS blew it by talking about your case with outsiders, unless perhaps they were witnesses in the original matter. Yes, DFS will look very poorly on your boyfriend. DFS will not like at all that he is around any kids, including...

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  3. Who can claim the child for 2011 taxes?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Christopher Michael Larson
    3. John Addison Vos
    4. Christopher P Norris
    5. J David Hopkins
    5 lawyer answers

    Sorry, but I do not believe any of those answers are correct. The order states that your husband gets the deduction. Until the order is changed, he gets the deduction -- the other factors are irrelevant. This is not a tax analyis, its the subject of the order. Like many attorneys we will sit down and review your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the...

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  4. How do I report a parolee who is doing something against the law?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Daniel Nelson Deasy
    3. V. Iyer
    3 lawyer answers

    The problem here is that you are trying to do something when only the mother has the real interest in handling this matter. If they have a divorce pending then she needs either temporary orders or a contempt citation or motion to affect custody and parenting time. If no divorce is pending, she must file immediately. Once she files divorce, or if a divorce is pending, she can get an order against leaving the state. Law enforcement in Colorado is unfortunately sometimes very poor indeed....

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  5. Will I be able to file for divorce and ask for alimony if I have no money and my husband and his son abused me emotionally?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. James C Underhill Jr.
    3. Beth Padilla
    4. Daniel Nelson Deasy
    4 lawyer answers

    Hi, I am sorry to hear your story. However, you have several rights. First, you can file for divorce. Second you can ask for maintenance. Maintenance is not normally provided in the first 5 years of marriage, but there are exceptions based on the facts. Here, if you made you work for no pay, that might persuade a judge to award maintenance. As for domestic abuse. If you are touched by either your husband or his son, call 911 and report the assault. The person will get arrested....

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  6. State of Colorado, Domestic Violence caused by man on parole

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Karl J Geil
    3. V. Iyer
    3 lawyer answers

    The problem here is with the court proceeding. If mom goes to court with a motion for determination of parental rights, then mother can get a temporary order handling custody, parenting time and child support. If the man hits her, call 911 immediately. Colorado law is that the police must arrest someone who commits domestic violence. if the local police refuse to enforce the law, call the state patrol and see if they will act. ALSO you can write a letter (not a phone call or an email)...

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  7. End of divorce; how can I get attorney cooperation?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Stephen Clark Harkess
    2 lawyer answers

    It occurs to me that there should be some reason you are receiving this kind of poor service. Do you owe the attorney money? Have you been the kind of client who calls almost daily with complaints and comments? If you are not that kind of client, and you do not owe the attorney any money, then the treatment is without excuse. It may be easier to get another attorney to tie up the ends than deal with the assistants. Sometimes attorneys are "big picture" and once the trial is over, they...

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  8. Separation agreement does not specify whether shares of restricted stock would be distributed pre-tax or post tax, who pays tax?

    Answered over 3 years ago.

    1. James C Underhill Jr.
    2. Henry Daniel Lively
    3. Robert Daniel Kelly
    3 lawyer answers

    In Colorado, the answer is in your divorce final orders. If the payment of tax is not clear from the context or language of the section, then your recourse is either to negotiate with your ex or her lawyer, or go back to court and have the section clarified. I see no reason in this state why the court would give a windfall to one party by allowing them to escape their share of the tax burden. Many attorneys will consult on a question like this for a reasonable fee. Some attorneys sell...

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  9. Will I go to jail for driving without a license.

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Daniel Nelson Deasy
    3. James C Underhill Jr.
    3 lawyer answers

    Why don't you have a license? If the answer is "I never bothered" then get a license, see the DA before court and plead stupid. Explain you are in the service, a conviction may screw up your discharge, and that you're a hero. Beg and assure that you'll never do something like this again. If you plan to leave the state after discharge, throw that in as well. The best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts;...

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  10. My ex lied in family court about several things, what can I do if I have proof that her allegations were false?

    Answered over 2 years ago.

    1. James C Underhill Jr.
    2. Daniel Nelson Deasy
    3. Kathlyn Angela Laraway
    3 lawyer answers

    Hi, These are tough cases. I'm assuming that you went through the proceeding without an attorney representing you. So, you can appeal, but the likelihood of that succeeding is quite small, unless the judge made comments on the record about rejecting evidence, or that he was making decisions based upon considerations other than those he should have been using. It happens. If the judge made no errors, then an appeal is probably not a good investment. Instead, I think you should sit down...

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