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Paula Brown Sinclair

Paula Sinclair’s Answers

7,933 total


  • I am filing chapter 7 bankruptcy, what a non tangible item? Would a education degree be a intangible?

    They also ask about licenses. Why is that relevant?

    Paula’s Answer

    A license is a property right. An education degree could be considered intangible property, but is not commonly listed on a bankruptcy schedule.

    Most respectfully, if your are trying to navigate bankruptcy procedure without capable legal counsel, you are over your head and risking irrevocable, costly and highly unwelcome consequences.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • In an uncontested divorce are both spouses required to list all debt & money sources and would spousal support even be an issue?

    My husband and I have been married for 34 years and wish to divorce for irreconsilable differences in an uncontested divorce. Our children are grown. He is 65 years old, retired and gets Social Security and I am 64 years old and still working. We ...

    Paula’s Answer

    You are wise to not rely on what out of state attorneys say about Idaho procedure.

    Respectfully, your understanding of the divorce procedure is quite incomplete. Idaho is a "no=fault" state, meaning the divorce will be granted on the request of either party without concern for the circumstances that have led to the divorce. The state does not interfere in the division of property and debts. Only if the parties do not agree will the Court rule on that issue.

    For an expeditions and reliable result, a modest amount of attorney assistance will be a great help. One of you should retain experienced divorce counsel to prepare a Property Settlement Agreement that formalizes the agreement you and your husband have already reached. This is not a cocktail-napkin agreement; it is a fairly detailed contract for the terms of the Decree of Divorce. Once this Agreement is in place, the matter is clearly uncontested, and the Court's divorce process will be used to seek a Decree on the terms set forth in the Agreement. The Agreement will become part of the Court's record, but under current Court Rules, a divorce case record is sealed from public review. Many experienced divorce attorneys will provide representation in an uncontested divorce on a flat fee bases, and some will even prepare the papers and coach a pro se filing for a lower fee.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Debt collection

    This man, who only identifies himself by name, says there is a pending legal matter filed in his office and other allegations that will be filed in my jurisdiction. I live in Idaho and he is calling from New York. He gives me a claim number and s...

    Paula’s Answer

    Remarkably similar to question posed from Boise 11 days ago, which prompted this answer:

    This description is strongly suspicious for scam, if only for the bizarre circumstances described. For instance, a civil complaint would be filed in a court, not their office. Yes, they are required to send you something in writing. There may be additional violations of the federal Fair Debt Collections Practices Act and the discharge injunction entered in your bankruptcy. If contacted again, demand written documentation of any claimed debt, and consider a consultation with experienced consumer counsel if there is any documentation to review.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Will my divorce be granted

    If my husband of 16yrs goes to Mexico to live n marries there n hasn't signed my divorce papers, will my divorce be given to me

    Paula’s Answer

    Yes, a Decree of Divorce can be granted without his signature. Retain local experienced counsel to assist.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • In the Idaho District Court, what is the penalty for failing to comply with a discovery request?

    The opposing attorney sent me a document request a month before trial requesting that I bring the documents to his office for copying. I live out of state so I objected on the grounds that it was an unfair burden upon me. The judge at trial, as ...

    Paula’s Answer

    Here is the unfortunate and regrettable news: parties who choose to represent themselves are held to the same standard of compliance with the Court's Rules as are licensed counsel. The objection should have been resolved prior to trial, and the Court does indeed have the legal authority to refuse to admit evidence properly requested and not provided. See Rule 37, Idaho Rule of Civil Procedure. Technically, a Motion to Compel should have been filed and heard.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Non Custodial Parent not picking child up in Philadlephia, PA

    My ex husband and I have a custody order that states he is to get our child at 3:30 every other Friday and drop her off at 6:30 pm that Sunday. He also has a right to her one day per week for an overnight. He has failed to get her for overnights...

    Paula’s Answer

    Custodial access is a right, not an obligation. Failure to exercise contact rights is not contempt. Modification may be appropriate, but be aware that the child has contact rights so limiting the rights of the non-custodial parent may not serve the best interests of the child. While it is regrettable that a parent fails to exercise custodial rights punishing that failure with further limitations on the contact may be short-sighted. Full compliance with existing orders is expected by all parties, and short notice does not excuse compliance. A modification that requires reasonable notice would likely adequately address the issues raised.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • How can I get a copy of my divorce records?

    I was divorced in Nevada and now both me and my ex live in Idaho and I need to get my visitations changed. In all my moving around my divorce papers have disappeared. How would I got about getting a copy of them in case I need them to file papers ...

    Paula’s Answer

    Contact the clerk of the court in which your decree of divorce was entered, and follow their instructions. Expect a small fee for the copies.

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  • Can I get a pick up order?

    My ex and I share legal & joint custody. He has the kids during the summer. He picked them up, then left, out of state, a couple of days later and has not been back. My kids have been bounced around from his girlfriends to his sisters and who k...

    Paula’s Answer

    The best time to address the terms and conditions of a parent's custodial access is before the time arrives. Unless the existing order prohibits the behavior of which you complain, there is nothing to enforce. What is a pick up order?

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can my ex huhusband say who I can and cannot date if I want to see my kids?

    I am in a relationship with a guy that there has been a few physical altercations between the boyfriend and I. He has not touched me out of anger in over 3 months. My ex husband says he will fight me for custody if I stay in a relationship with hi...

    Paula’s Answer

    No, your ex-husband does not have the legal authority to decide who you can date, nor can the court that entered your child custody order. That court, however, can limit who has contact with your children and if a change in custody is needed to protect the children from domestic violence, the court will do so.

    "A few altercations" indicates it is long past time for you to address the domestic violence issue. It won't go away on its own, and typically escalates. If you are the victim, counseling is needed to learn why you tolerate the violence and how to form more healthy relationships. In the meantime, it should be no surprise that the legal system will attempt to protect your children.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Do I need a lawyer to file a petition to be released from the Sex Offender Registry?

    My conviction from California has been dismissed, but the state I live in (Idaho) says that my felony is still in their records and that I am to remain on the registry until I pay a lawyer to petition for me to be released from it.

    Paula’s Answer

    No, you do not NEED a lawyer, but you WANT one. The legal system and the record keeping in matters of this type is not easy for a lay person to navigate. A certified copy of the California record and hearing in an Idaho court may be necessary. Representation by experienced criminal defense counsel will dramatically increase the chances of a prompt favorable result.

    Best wishes for an outcome you can accept, and please remember to designate a best answer..

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