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John M Eccles

John Eccles’s Answers

88 total


  • I don't even know where to start. My husband left the state of Nevada. I am working trying to support my 2 young children.

    Husband left state. I have family that is willing to help me get a divorce and child support. I know where he is, if that will help. A few freinds gave me names of lawyers. The name that I have heard more then one time is Ann Kolber at Law Practic...

    John’s Answer

    I checked the State Bar of Nevada website, and the phone number you posted is Ann Kolber's number.

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  • My mother is in Chapter 13. She passed last week . She had a couple life insurance policies and I am beneficiary.

    Will those funds go to the trustee?

    John’s Answer

    The beneficiaries of life insurance policies receive the money. Please note that the Trustee should be notified of her death. However, the life insurance policy will be paid directly to the beneficiaries, who are not part of the Bankruptcy. Most likely the Bankruptcy will be dissolved and the creditors may then attempt to pursue payment through your mother's probate/estate.

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  • Can a 17 year old have intercourse with a 26 year old with consent ? can 17 year old move in with 26 year old if she is pregnant

    I am 17 dating a 26 year old and I am now pregnant. pregnancy was not planned but i want to keep it . can i move in with my 26 year old partner? What can we do if My parents are trying to file a report on him and i don't approve of the allegation...

    John’s Answer

    • Selected as best answer

    I'm not sure what kind of "report" they intend to file, because you are above the age of consent. You can file a petition to emancipate, though it is hit and miss as to whether it would be granted. Usually the hearing master who decides that wants to see that you are independent, which means working full time and not reliant upon any kind of governmental aid.

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  • Marriage annulment

    hello, I got married last march in Nevada but neither my wife or I live in Nevada, my wife lives in NYC and I returned to Canada. Our relationship didn't work out as we married too soon to know each other. Now, we are looking to submit a marriag...

    John’s Answer

    • Selected as best answer

    One basis to get your marriage annulled is "want of understanding", which can cover a lot of area, especially in an agreed upon annulment. I would avoid any claim of material misrepresentations (which could be viewed by outsiders as "fraud"). However, if you two agree an annulment is appropriate, there are ways to carefully craft a Complaint for Annulment where no fraud need obviously be pled.

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  • Upon the filing a registration of a default foreign child custody determination in NV, can I summary file a motion to Vacate?

    Under the UCCJEA NRS 125A.465 the foreign child custody determination has to be registered before any custody issues can be addressed, the issue is the non custodial patent was not afforded his right to be heard and the parent and the child was un...

    John’s Answer

    When filing a foreign judgment under NRS 125A, the person filing it must send a copy of the registration of foreign judgment by certified mail to the other parent, then allow 20 days to pass for that parent to file an objection. Thereafter, it is considered registered (though technically, an Order Confirming Registration of Foreign Judgment should be signed by the Judge and filed with the Court). Motions for modification of such registered foreign judgments are not supposed to be filed until the 20 days elapsed. So you may have some wiggle room, but you have not provided enough information for me to say definitively one way or the other. The good news is that when it comes to custody, the Courts inherently prefer resolving issues on the merits, so you may be able to file a Motion for Reconsideration and/or Rehearing, especially if there is no Order filed yet, or the Order has been filed and there is no Notice of Entry of Order, or it has been less than ten judicial days since the filing of the Notice of Entry of Order. You may also be able to file a Motion to Set Aside if it has been less than six months, based on any of the reasons found in NRCP 60(b). I would urge you to consult with an attorney to determine how best to proceed. You should choose an attorney wherever the registration occurred, but because NRS 125A has been ratified in similar form in every state, the analysis can be provided by an attorney in any state.

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  • Does SNAP benefits count towards income in regards to child support?

    I have joint custody of 1 4 yr old child with his father. I am currently on food stamps and he is trying to include my food stamps as income. Even my own lawyer said he had never came across this, and he bounced the question back to him to provi...

    John’s Answer

    It is possible the District Attorney Family Support Division may try to recover the amount of SNAP benefits from the other parent via his child support obligation to you. In that instance, if you received $500.00 per month from the father, and $140.00 per month in SNAP benefits, you might well receive $360.00 in child support. Frankly, I do not know with certainty if DAFS pursues the other parent for reimbursement SNAP benefits, but I do know DAFS pursues the other parent for some forms of state assistance.

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  • What should I do?

    I was recently stopped in a Kohls for "shoplifting"- yes I left the store with merchandise but not intentionally. It was an oversight as the unpurchased items were in my cart wedged under my purse. (I bought over $286 in merchandise and got into a...

    John’s Answer

    Since this was listed in "Juvenile" I am guessing you are under 18 years of age. The letter you received has nothing to do with the juvenile system. It has been sent to you by a firm acting on behalf of Kohl's. By statute, they are entitled to recover between $100 and $500 as a form of "liquidated damages" even if the merchandise is recovered. You can negotiate with them before they file a civil action in Justice Court. If they are asking $225, they may take $100 or $150 for basically having to do nothing more than write you a letter. Just make sure you get confirmation that Kohl's cannot thereafter pursue you for any damages as a result of this incident. As far as shoplifting in the juvenile system goes, it will probably be handled informally through probation. Maybe a 300 word essay on the evils of shoplifting (written in your own writing, not cut and pasted from the Internet), a petit larceny class and stay out of trouble... then the case will be closed, essentially without it ever having been opened.

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  • Is it possible to fire a lawyer and continue with a ongoing case

    Attempting to gain guardianship of brother. But lawyer is procrastinating having multiple things sent back due to lack of information.

    John’s Answer

    The process of terminating the services of an attorney is, frankly, more complex than it should be. If you choose alternate counsel, that attorney would send your original attorney a Substitution of Attorney and then file it with the Court. However, if you intend to proceed in proper person, the attorney must seek permission from the Court to withdraw. Although this seems onerous, the process is in place to protect the client, and while in circumstances like this it doesn't necessarily appear to aid the client, you can imagine the kind of chaos which could erupt if attorneys were just allowed to withdraw from cases without Court authorization. So, in short, tell your attorney to file a Motion to Withdraw, or seek another attorney to replace the one you have now.

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  • Is an adoption subsidy divided in half during a divorce?

    Our children receive an adoption subsidy from the county of $1303 a month. My husband is asking for for a credit of half those funds against child support. I have full primary physical custody of the children, as he has them approx 24 hrs a week t...

    John’s Answer

    This has not been addressed by the Nevada Supreme Court, nor is the issue pending. I would only be able to guess what a Judge would do under the circumstances, but I suspect the subsidy would be attributed solely to you, or alternatively, pro rated based on your timeshare, either of which would most likely fall with the "sound discretion" of the Judge. FYI - $186.14 would be the offset for his 24 hours per week, if you are interested in negotiating a settlement and keeping it out of the hands of the Judge.

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  • Possible Outcomes of First MIP?

    Last weekend, I received my first MIP. This is my first charge of any kind so my record is clean. My grades and perfect, and I like I said before, you couldn't find a single crime I have commited So I am just wondering, what are the possibiliti...

    John’s Answer

    Your case may be handled informally through probation intake. Otherwise, your exposure (even with an adjudication) is formal probation for six months, drug assessment, follow recommendations, stay out of trouble, no associating with negative peers, curfew, and probably a couple of other conditions of probation. Though people tend to diminish the role of public defenders, they do a good job in juvenile delinquency cases. One will be appointed for you if your case is not handled informally.

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