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Paula Brown Sinclair

Paula Sinclair’s Answers

8,020 total


  • I have a custody hearing in one county and the child no longer resides in that county. Does that constitute a change of venue?

    I have a custody hearing in Jefferson County, Idaho and my child has moved to Bonneville County and I reside in Pocatello, Idaho Bannock County.

    Paula’s Answer

    Until a court orders a venue change, jurisdiction over the children's custody remains in the present court. The grounds upon which venue can be changed are limited, and the procedure for requesting the change is specific. The assistance of experienced family counsel to assess the possibility of venue change, and provide representation to do so, could be very helpful.

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

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  • In your opinion are there any elements of special education law that need refinement? Explain,

    School question needed to write an essay.

    Paula’s Answer

    Generous and knowledgeable attorneys volunteer personal time here to help sincere people with real legal problems. One thing we just don't have time for is homework. You need to do your own. (And that way you'll learn more.)

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  • SS early retirement vs disability

    I was receiving early retirement at a lower rate than my current d isability benefit. when I turn 65 will my benefits decrease to a lower retirement rate ?

    Paula’s Answer

    This question is not entirely clear, but if you had started taking "early retirement" (reduced) benefits and then qualified for disability benefits (your primary insurance amount, or PIA) , that is the benefit that will continue at full retirement age.

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

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  • I want to know if I have any tenant rights pertaining to the situation I listed in the detail below?

    I'm on a month to month lease as the tenant. It is verbal, no documentation signed at end of original lease term. Lease allows Landlord to give two days notice to show property to buyers. Realtor called today (Wed.) to say property going on ma...

    Paula’s Answer

    If the original lease term has expired, and you pay rent monthly, you have a month to month tenancy, where you are entitled to 30 days notice when you are current on the rent. If you fall behind, you are entitled to 3 days' notice to pay or quit. Rent can also be raised on 30 days' notice. Of course, the handwriting is on the wall, so to avoid unnecessary inconvenience, a wise tenant would be making plans to move.

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

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  • Filled in Idaho. Can we sign the divorce by stipulation and the acknowledgement service and get it notarized in Washington?

    Filled notarized paper work in Idaho, kootenai county. Husband lives in Washington, can he sign and get his acknowledgement of service notarized in the state of Washington to be filed in Idaho. Can we sign the stipulation together in Washington an...

    Paula’s Answer

    While it is far from clear what is meant by "Filled notarized paper work in Idaho . . ." if this is a divorce case, as indicated by the practice area selected, be aware that personal service of process outside the state of Idaho requires the permission of the court. Thee procedural matters are not at all difficult for licensed counsel, but can be a frustrating bugaboo for unrepresented parties. A wise strategy would be to retain limited legal assistance to coach the Petitioner through the process.

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

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  • Moving before chapter 7 Bankruptcy Meeting

    If you have been living in a new state less than 6 months and something unexpected happened so you needed to move back to the state you came from before the Bankruptcy Meeting, could you transfer the bankruptcy petition to the bankruptcy court of ...

    Paula’s Answer

    There is no procedure for transferring a case filed in one bankruptcy court to another. A debtor can move after a petition is filed, but will be expected to participate in the action as needed in the original court. Where a party moved into that jurisdiction only six months before filing, the claimed exemptions may draw an objection from the trustee.

    Be aware that navigating bankruptcy law and procedure is simply not a DIY project. If you have held out hope that it is, now is the time to correct your error. Too much is at stake to proceed without capable legal assistance. Retain experienced bankruptcy counsel who practices in the court where the case is filed.

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

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  • What can I do to fight this? Do I have a case?

    My work is conducting Mandatory Flu Vaccinations. It is against my will, I will be written up against policy (could potentially lose my job/affect raise etc) It is against my pesonal beliefes to have the flu vaccination due to it being yearly, an...

    Paula’s Answer

    Idaho is an "at-will" employment state, meaning an employee can be fired for any reason or no reason. If refusing the vaccination is against employer policy, the firing may also result in denial of unemployment insurance benefits. In short, you can believe whatever you wish about vaccinations, but many employers have excellent reasons regarding the health of customers, patients, and their own workforce, that make the policy enforceable, and it is the employer who makes the rules for the employment.

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

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  • My adult daughter is legally incompetent and has a gaurdian. She is in idaho. Can she legally babysit for 12 hours a daily.

    She has mental issue and been in and out of institutions. Also when she was a child (5 to 10 years old), she sexually molested 3 younger children. Nothing ever went to court but everything was reported to health and wellfair. We had her removed fr...

    Paula’s Answer

    In Idaho there is no law defining who can babysit someone else's children. There are laws, however, about a parent's obligation to not abuse or neglect their own children, and about what behaviors with a child are not permitted. No matter what impairment your daughter suffers that has rendered her "incompetent" it is not the incompetence that is the problem; it is her very consistent history of sexual abuse of children. Placing more children in the care of an incompetent with a strong history of sexual abuse of children would itself be prosecutable criminally. The guardian who allows such contact might also be prosecuted. This sister needs a wake-up call before more children are hurt, and this guardian needs to step in a prevent the incompetent from ever being alone with small children.

    Let me add this: it is now well-known that victims of childhood sexual abuse are scarred for life, often developing serious mental illnesses as adults. That this happens within a family is NO EXCUSE. Healthy families do not expose children to sexual abuse. Children deserve to be protected and, now that this incompetent's unmistakable history is no secret, the vigilance of the rest of the family is required.

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

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  • Can buying a mobile home count under the Home Exclusion program for SSI?

    I am currently living in a mobile home that does not belong to me, but that I am renting. I am planning on moving to Portland, Oregon after I finish my Bachelor's degree, and if possible would like to get a mobile home of my own to live in rather ...

    Paula’s Answer

    What you are calling the "Home Exclusion Program" is an aspect of the resource limitations for SSI. In the SSI regulations assets are called "resources," so that would include a house owned by an SSI beneficiary. Some resources are not "countable" for SSI eligibility, and clearly among the non-countable resources is the home in which the beneficiary lives. In other words, owning the home in which you live does not disqualify you for SSI benefits.

    By the way, this assumes the term "SSI" is being correctly used. Supplemental Security Income (SSI) is a welfare program often confused with Social Security, which is an insurance program (and not subject to income or asset limitations).

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

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