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Paula Brown Sinclair

Paula Sinclair’s Answers

7,855 total


  • Is it true in the Juris secundum that an attorneys first obligation is to the court, then to the public and then to the client.

    Had an attorney that didn't seem to act on my behalf and looked to find out why. How do you reconcile this when someone is paying you,

    Paula’s Answer

    No, your "source" is incorrect or you have misread it. If by "Juris Secundum" you mean the volumes called "Corpus Juris Secundum," which is nothing by an encyclopedic compendium of statutes and case law, nothing published there is binding law. The rules of ethics by which attorneys are bound are state-specific, commonly emplaced by the Supreme Court of the state and enforced by the state bar, the licensing agency. While the codes of attorney ethics vary some from state to state, commonly provisions include requirements of loyalty to a client and zealous representation. A candid conversation with your attorney about your dissatisfaction could be helpful.

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

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  • Can I get my child support reduced?

    My ex-wife and I divorced in San Diego, CA. She now lives in Idaho Falls with our 6 year old son. At the time of the divorce (4 years ago) she was not working. My monthly disposable income at the time was $4,319. I was ordered to pay her $1,000/mo...

    Paula’s Answer

    • Selected as best answer

    There must be much more to the story where custodial access was set at 0%, and if the child has lived in Idaho, very likely the Idaho court will take jurisdiction. Unless there are important and provable reasons why the child is not safe in your case, Idaho courts will support your right to reasonable custodial access. To predict a possible increase in child support, find the Idaho Child Support Guidelines online and run the numbers. Even with 50% more income, the monthly payment may be less. The value of the child income tax benefits will be part of the calculations. Be aware that her income has little influence on the bottom line. A consultation with experienced family counsel in Idaho Falls would be wise.

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

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  • Not married, need parenting plan, what are the steps

    The mother of my child and I are not married. She lives in Idaho, I live in Washington. . I have seen my son every weekend for the past 2 years, he is now 6 years old. I did not know I had a child until he was one and at the time was in the milita...

    Paula’s Answer

    Until your paternity is established, you are a legal stranger to your child, and the mother can change the contact arrangements. The proper procedure is to file Petition for Filiation. The Court issues the Summons you submit, and you arrange service of process on the mother. She then has 20 days to respond. Your Petition should request as well a decree of parental rights, and child support will be ordered. Whether the Idaho Supreme Court has provided approved forms is irrelevant. The essential assistance you need is in navigating the procedure, and that is what flesh and blood attorneys are for. It's not a matter of getting more time with the child, as suggested by the earlier poster; it is a matter of establishing legal rights.

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

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  • Protection order for domestic violence, custody forbreastfeeding infant, husband and 2 lawyers against me and volunteer attorney

    i currently have a protection order against my husband for domestic violence he has threatened me many many times in the past if i didnt move to wherever he wanted he would take our 8 month baby who is exclusively breastfed no bottle, and take h...

    Paula’s Answer

    • Selected as best answer

    You may be eligible for services through Idaho Legal Aid Services, and should start there. You can reach them at (208) 3450106 or apply online. The Volunteer Lawyers Program of the Idaho State Bare may also be a resource. Be assured that no amount of attorney representation or skill can change the facts, and it will be important for you to have licensed counsel to put together and present your proof to show a judge the facts of your situation, which are compelling. Be smart and respect the protection order. There is no reason to talk to him about custody issues. Arrange representation and let your attorney do the talking.

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

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  • Need advice about custody case

    I got a drug paraphernalia charge 3 months ago and my ex just filed for full custody and not sure if I should get a lawyer or just do it a line because I don't have money for a lawyer but I don't wanna lose custody and the charge is the only negat...

    Paula’s Answer

    Having a recent paraphenelia charge on your record allows everyone in the custody case to wonder if you are in fact using, and the child(ren) must therefore be protected from you. Nothing short of representation by adept experienced counsel will offer any chance of effectively overcoming that conclusion. "Full custody" is not a term of art, and custody determinations involve many more choices than just "full custody" or no custody.

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

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  • My husband and I have filed a Chap. 7 Bankruptcy. I have also filed for disability. Is the court entitled to my back pay?

    We have already had our Chapter 7 court date (meeting of the creditors) I have not had my court date concerning my disability. We were told as a group that any money we came into within six months would be property of the court. If I get my dis...

    Paula’s Answer

    Most respectfully, attempting bankruptcy protection and discharge without the assistance of experienced counsel is playing with fire. "We were told as a group that any money we came into within six months would be property of the court." This is NOT a correct statement of the law, so relying on it (and anything else the group was told) as legal advice is foolhardy. If the disability claim was filed before the bankruptcy it should have been disclosed as an asset and properly exempted. To avoid the extreme disappointment of having the Trustee take your retroactive disability benefits, find a way to retain counsel to review and amend your schedules. Failure to do so promptly risks findings by the Bankruptcy Judge that could support denial or revocation of your discharge.

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

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  • Can I still amend my chapter 7 to include my tax refunds?

    I just filed on April 1 and forgot to exempt My tax refunds. Is it too late if the state and IRS already kept it for past taxes that we're going to be included in the bankruptcy? Thanks

    Paula’s Answer

    Assuming the tax arrearages are not old enough and otherwise qualfiied to be dischargable, they will be retained by the taxing agency and applied to the arrearage. There is nothing to be gained by amending to exempt it.

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

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  • On the Ch 7 bankruptcy forms do I state disability benefits even if it has not been approved? What about a loan from my family?

    On the Ch 7 bankruptcy forms do I state the disability benefits I will receive if I'm approved? I have already applied to disability and they have told me how much I will receive if I'm approved, but I have not been approved or denied yet. If I'm ...

    Paula’s Answer

    Most respectfully, your questions indicate that you are way over your head. The bankruptcy process is complicated in even the most "simple" cases, and full of opportunities for irreversible and self-inflicted injury. If you are disable and living on loans from your family, the reality that you may not even NEED a bankruptcy, even though you can't pay your bills, so before going any further, contact an experienced bankruptcy near you and schedule an initial consultation that involved a full case review. Many fine practitioners offer this service on a no-cost/no-obligation basis. To answer what you thought was the right questions: 1) your disability application is a claim that most likely must be disclosed as an asset, unliquidated because you don't know how much will be awarded, and claimed as exempt; 2) what you owe your family must be disclosed on Schedule F because it is not a priority debt (the definition of which you will need to learn); and 3) the fact that you intend to repay your family does not need to be disclosed.

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

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